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(a) Ohio R.C. 2915.07 to 2915.11 and 2915.14 or Section 517.06 et seq. of this chapter do not apply to bingo games that are conducted for the purpose of amusement only. A bingo game is conducted for the purpose of amusement only if it complies with all of the requirements specified in either subsection (a)(1) or (2) hereof:
(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, 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 nonmonetary, and in the form of merchandise, goods or entitlements 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 (10) 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 to 2915.11 or Section 517.06 et seq. of this chapter;
E. The number of players participating in the bingo game does not exceed fifty (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 (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 (10) 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 to 2915.15 or Section 517.06 et seq. of this chapter;
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 subsection (a) hereof. 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) Subject to the requirements of Ohio R.C. 2915.14 and 2915.15 concerning electronic instant bingo, 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, electronic instant bingo, or both other than at a bingo session under a type III license issued under Ohio R.C. 2915.08 if all of the following apply:
(1) The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to twelve (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.
(2) The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to its own premises and to its own members and invited guests.
(3) 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 subsection (b) hereof.
(b) If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to subsection (a) hereof 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 or electronic instant bingo. That contract shall include a statement of the percentage of the net proceeds that the veteranfs, fraternal, or sporting organization will be distributing to 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)(3), and that is in good standing in this state.
(c) (1) If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to subsection (b) hereof 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.
(2) No veteran’s organization, fraternal organization, or sporting organization that enters into a written contract pursuant to subsection (b) hereof 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) A veteran’s organization, fraternal organization, or sporting organization shall give all required proceeds earned from the conduct of instant bingo or electronic instant bingo to the organization with which the veteran’s organization, fraternal organization, or sporting organization has entered into a written contract.
(e) Whoever violates this section is guilty of illegal instant bingo or electronic instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo or electronic instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal instant bingo or electronic instant bingo conduct is a felony to be prosecuted under appropriate state law.
(ORC 2915.13)
(a) Applications for a permit to operate a game of chance as required by Section 517.15 shall be made to charitable organizations as defined by Ohio R.C. 2915.01(H), only, and shall be made no later than four weeks prior to the date the game of chance is being conducted. The permit shall be displayed by the organization at the location where the game of chance is being conducted. A charitable organization shall not be issued a permit to operate a game of chance if said organization has been previously convicted of a felony theft offense, or has been convicted of any criminal offense of gambling.
(b) Such application shall contain all the following information:
(1) The name of the charitable organization and the address of the organization making the application.
(2) The name of the head of the organization and the name of the person in charge of the games, if different from the head of the organization, and their respective addresses.
(3) The date of and location where the games are to be held.
(4) A statement sworn to by the applicant personally, that said games shall be conducted in conformance with Ohio R.C. 2915.01 and 2915.02.
(5) The application for a permit shall be accompanied by a check or money order drawn on a solvent bank licensed in the State of Ohio, in the amount of one hundred dollars ($100.00), payable to the City of Lorain.
(6) A copy of the determination letter currently in effect, showing that the applicant is a charitable organization as defined by Ohio R.C. 2915.01(H).
(7) A statement sworn to by the applicant personally that the charitable organization has not been previously convicted of a felony theft offense, or has been convicted of any criminal offense of gambling.
(c) Applications for a permit to operate a scheme of chance as required by Section 517.15 shall be made to charitable organizations as defined by Ohio R.C. 2915.01(H), only, and shall be made no later than four weeks prior to the date the game of chance is being conducted. A separate application shall be required for each location wherein a scheme of chance is conducted and shall be effective for one year. However, a separate application for a permit shall be required for each Night at the Races event conducted at a location. Permits shall be displayed by the organization at the location where the scheme of chance is being conducted. Other than for a Night at the Races, an application for a permit to operate a scheme of chance shall only be required when
the scheme of chance is being conducted at a location that is not owned by the charitable organization which will benefit by the scheme of chance. A charitable organization shall not be issued a permit to operate a scheme of chance or Night at the Races if said organization has been previously convicted of a felony theft offense, or has been convicted of any criminal offense of gambling.
Such application shall contain all the following information:
(1) The name of the charitable organization and the address of the organization making the application.
(2) The name of the head of the organization and the name of the person in charge of the games, if different from the head of the organization, and their respective addresses.
(3) The date of and location where the games are to be held.
(4) A statement sworn to by the applicant personally, that said games shall be conducted in conformance with Ohio R.C. 2915.01 and 2915.02.
(5) The application for a permit shall be accompanied by a check or money order drawn on a solvent bank licensed in the State of Ohio, in the amount of one hundred dollars ($100.00), payable to the City of Lorain.
(6) A copy of the determination letter currently in effect, showing that the applicant is a charitable organization as defined by Ohio R.C. 2915.01(H).
(7) A statement sworn to by the applicant personally that the charitable organization has not been previously convicted of a felony theft offense, or has been convicted of any criminal offense of gambling.
(Ord. 168-04. Passed 12-6-04.)
The permit described in Section 517.15 shall not be issued without the approval of the Lorain Chief of Police. (Ord. 165-86. Passed 11-17-86.)
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