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(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.)
(a) The charitable organization conducting a game of chance shall file a report with the Police Department within thirty days of the conclusion of said games enumerating the gross receipts and the total monies paid out, and a declaration that no monies were paid out to any persons by way of commission, wage, salary, reward, tip, donation, gratuity or other form of compensation, directly or indirectly, for operating or assisting in the operation of the games.
(b) The charitable organization conducting a scheme of chance shall file a report with the Police Department within thirty days of the permit expiration date for the scheme of chance and within thirty days of the conclusion of the date that a Night at the Races was conducted, enumerating the gross receipts and the total monies paid out, and a declaration that no monies were paid out to any persons by way of commission, wage, salary, reward, tip, donation, gratuity or other form of compensation, directly or indirectly, for operating or assisting in the operation of the scheme of chance. A separate report shall be filed for each location where a scheme of chance was conducted during the preceding calendar year. (Ord. 39-00. Passed 3-6-00.)
(Ord. 165-86. Passed 11-17-86.)
(a) As an express requirement of the issuance of any permit to operate a game of chance or scheme of chance fund-raising event, each charitable organization’s representatives shall acknowledge that they may not knowingly permit any volunteer to work in any capacity at said event if any such volunteer worker has been convicted of a felony, has been convicted of any theft offense, or has been convicted of any criminal offense of gambling.
(b) No person shall work or volunteer to work in any capacity at a game of chance or scheme of chance fund-raising event for any charitable organization in the City where such person has previously been convicted of any felony, has been previously convicted of any theft offense, or has been previously convicted of any criminal offense of gambling.
(c) No person shall knowingly hire or arrange for any person to volunteer labor to be performed for any charitable organization’s game of chance or scheme of chance fundraiser event, where said volunteer worker or worker is a person who has previously been convicted of any felony, has been previously convicted of any theft offense, or has been previously convicted of any criminal offense of gambling.
(d) Penalty.
(1) Whoever violates subsection (b) hereof shall be guilty of a misdemeanor of the third degree and shall be subject to a penalty of a mandatory fine of two hundred fifty dollars ($250.00) but not more than five hundred dollars ($500.00) and/or a jail sentence of sixty days. Upon a second conviction for the violation of subsection (b) hereof, or upon any subsequent conviction for a violation of subsection (b) hereof, the offender shall be guilty of a misdemeanor of the second degree and subject to a penalty of a mandatory fine of five hundred dollars ($500.00) but not more than seven hundred fifty dollars ($750.00) and/or a jail sentence of ninety days.
(2) Whoever violates subsection (c) hereof shall be guilty of a misdemeanor of the fourth degree and shall be subject to a penalty of a fine of up to two hundred fifty dollars ($250.00) and/or a jail sentence of thirty days.
(Ord. 70-98. Passed 4-20-98.)
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