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(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)
(a) No owner or lessor of a location shall assist a charitable instant bingo organization in the conduct of instant bingo other than at a bingo session at that location unless the owner or lessor has entered into a written contract, as described in Ohio R.C. 2915.093(C), with the charitable instant bingo organization to assist in the conduct of instant bingo other than at a bingo session.
(b) The location of the lessor or owner shall be designated as a location where the charitable instant bingo organization conducts instant bingo other than at a bingo session.
(c) No owner or lessor of a location that enters into a written contract as prescribed in division (a) 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.
(d) No owner or lessor of a location that enters into a written contract as prescribed in division (a) of this section shall violate the terms of the contract.
(e) (1) Whoever violates division (c) or (d) 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 (c) or (d) of this section, illegal instant bingo conduct is a felony to be prosecuted under appropriate State law.
(2) If an owner or lessor of a location knowingly, intentionally, or recklessly violates division (c) or (d) of this section, any license that the owner or lessor holds for the retail sale of any goods on the owner's or lessor's premises that is issued by the State or a political subdivision is subject to suspension, revocation, or payment of a monetary penalty at the request of the Attorney General.
(ORC 2915.094)
(a) No charitable organization shall conduct a charitable game of chance between the hours of 12:.00 midnight and 10:00 a.m. on Mondays through Fridays, and no charitable organization shall conduct a charitable game of chance or charitable scheme of chance between the hours of 1:00 a.m. and 10:00 a.m. on Saturdays and Sundays.
(b) No person who has been convicted for a felony or gambling offense in any jurisdiction shall serve as a charitable game of chance operator.
(c) No person who is under the age of 18 years shall serve as a charitable game of chance operator.
(d) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree. Each day upon which a violation occurs shall constitute a separate offense.
(Ord. 156-2005. Passed 10-3-05.)
(a) No charitable organization shall conduct a charitable game of chance, as defined in the Ohio Revised Code, without first registering with the Chief of Police in accordance with this section.
(b) The registration form required to conduct a charitable game of chance shall be furnished to the Chief of Police and shall contain the following information:
(1) The name and address of the charitable organization;
(2) An affirmation that the charitable organization is a charitable organization;
(3) The location at which the charitable organization will conduct the game of chance;
(4) The days of the week and the times each day a game of chance will be conducted;
(5) A sworn statement that the charitable organization will comply with all of the requirements for conducting a game of chance under Ohio R.C. 2915.02;
(6) A sworn statement that the charitable organization will take reasonable steps to ensure that all of the charitable game of chance operators are volunteers, are over the age of 18, are not felons, and that none of the volunteers will be paid. A signed affidavit from each charitable game of chance operator attesting to these facts is a reasonable step. The Chief of Police shall provide sample affidavits to any charitable organization requesting them;
(7) A sworn statement that the charitable organization is receiving 100% of the proceeds less any costs or expenses allowed by law; and
(8) Identification of the source of the equipment and supplies for the operation of the charitable game of chance.
(c) A fifty dollar ($50.00) fee for each charitable game of chance shall accompany each registration application.
(d) Registration of a charitable game of chance shall be made at least 14 days prior to the proposed date of the charitable game of chance.
(e) Registration shall not be required for a charitable game of chance involving the sale of raffle tickets when the sale of raffle tickets may occur at more than one location.
(f) The Chief of Police, upon receiving a completed registration form, shall issue to the applicant a proof of registration. This proof of registration shall be kept at the gambling site during all hours of operation and shall be shown to any Euclid law enforcement officer who asks to see it.
(g) Whoever violates division (a) of this section is guilty of a fourth degree misdemeanor.
(Ord. 156-2005. Passed 10-3-05.)
(a) Each charitable game of chance operator shall, at a time between the registration by the charitable organization with the Chief of Police and prior to the date of the proposed charitable game of chance, present the Chief of Police with a valid photo ID and make a sworn statement attesting that they:
(1) Are over the age of 18;
(2) Have not been convicted of any felony or gambling offense in any jurisdiction;
(3) Are not being paid to operate the charitable game of chance; and
(4) That they will abide by the gaming laws of the City of Euclid and the Ohio Revised Code.
(b) The Chief of Police shall give the operator a license or certificate, at no cost to the operator, that states the operator's name and the dates of the proposed charitable game for which the license or certificate is good for.
(c) While operating a charitable game of chance, a charitable game of chance operator must at all times have both the photo ID used to register with the Chief of Police and the certificate or license granted them by the Chief of Police. When the operator is operating a charitable game of chance they must show the ID and the certificate or license to a Euclid law enforcement officer if an officer requests to see them.
(d) Any operator of a charitable game of chance who is found to have a prior conviction for a felony or gambling offense is guilty of a first degree misdemeanor. Any operator of a charitable game of chance found to be under 18 years of age is guilty of a minor misdemeanor.
(Ord. 156-2005. Passed 10-3-05.)
At any location where a charitable organization is operating a charitable game of chance there shall be one area designated as the house bank.
(a) All the money used for any charitable game of chance shall be kept in the house bank.
(b) All money, in the form of cash or check only, must be exchanged for chips or markers at the house bank.
(c) The chips or markers are to be the only means of money to be used to place bets at a charitable game of chance.
(d) No cash is to be laid on a table, exchanged at a table, or used for placing bets at a table, where any game of chance is being operated.
(e) Only members of the charitable organization may operate the house bank or be in the house bank area, and those in or operating the house bank area must be registered with the Chief of Police as an operator of a charitable game of chance.
(Ord. 156-2005. Passed 10-3-05.)