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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 similar municipal ordinance.
2. A scheme or game of chance, or bingo described in Ohio R.C. 2915.01(O)(2).
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 2915.15 or any substantially equivalent municipal ordinance;
2. A scheme of chance or a game of chance, or bingo described in Ohio R.C. 2915.01(O)(2).
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) 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 similar 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, except as provided in R.C. § 2915.093(D);
(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 person or entity may conduct a raffle to raise money for the person or entity and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit if the person or entity is any of the following:
A. Exempt from federal income taxation under IRC § 501(a) and described in IRC § 501(c)(3);
B. A school district, community school established under Ohio R.C. Chapter 3314, STEM school established under Ohio R.C. Chapter 3326, college-preparatory boarding school established under Ohio R.C. Chapter 3328, or chartered nonpublic school;
C. Exempt from federal income taxation under IRC § 501(a) and described in IRC §§ 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19).
(2) If a person or entity that is described in division (a)(1)C. of this section conducts a raffle, the person or entity shall distribute at least 50% of the net profit from the raffle to a charitable purpose described in Ohio R.C. 2915.01(V) or to a department or agency of the federal government, the state, or any political subdivision.
(b) Except as provided in division (a) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.
(c) Whoever violates division (b) 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 (b) 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) (1) If a charitable instant bingo organization conducts instant bingo other than at a bingo session under a type III license issued under Ohio R.C. 2915.08, 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 under a type III license issued under Ohio R.C. 2915.08 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.
(c) Except as provided in division (f) 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.
(d) (1) The owner or lessor of a location that enters into a contract pursuant to division (b) 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.
(2) The charitable instant bingo organization shall pay 6% of the total gross receipts of any deal of instant bingo tickets for the purpose of reimbursing the owner or lessor for expenses described in this division.
(3) As used in this division, “expenses” means those items provided for in R.C. § 2915.01(GG)(4), (GG)(5), (GG)(6), (GG)(7), (GG)(8), (GG)(12), and (GG)(13) and that percentage of the owner’s or lessor’s rent for the location where instant bingo is conducted. Expenses, in the aggregate, shall not exceed 6% of the total gross receipts of any deal of instant bingo tickets.
(e) 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 (b) 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 (b) 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.
(ORC 2915.093)
(f) Division (c) 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)
(g) (1) 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 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:
A. The veteran's organization, fraternal organization or sporting organization limits the sale of instant bingo or electronic 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 or electronic 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 (g)(2) of this section.
(2) If a veteran's organization, fraternal organization or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to division (g)(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 or electronic 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 or electronic instant bingo pursuant to division (g)(1) of this section has been issued a liquor permit under 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 R.C. Chapter 2915.
B. No veteran's organization, fraternal organization or sporting organization that enters into a written contract pursuant to division (g)(2) of this section shall violate any provision of this chapter or R.C. Chapter 2915, or permit, aid or abet any other person in violating any provision of this chapter or 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 or electronic 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 (g) of 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 division (g) 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) 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, 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 person shall give to another person any item described in division (hh)(1), (2), (3), or (4) of Section 630.01 in exchange for a noncash prize, toy, or novelty received as a reward for playing or operating a skill-based amusement machine or for a free or reduced-price game won on a skill-based amusement machine.
(b) Whoever violates division (a) of this section is guilty of skill-based amusement machine prohibited conduct. A violation of division (a) of this section is a misdemeanor of the first degree for each redemption of a prize that is involved in the violation. If the offender previously has been convicted of a violation of division (a) of this section, a violation of that division is a felony to be prosecuted under appropriate State law.
(R.C. § 2915.06)
(c) Any regulation of skill-based amusement machines shall be governed by this chapter or R.C. Chapter 2915 and not by R.C. Chapter 1345.
(R.C. § 2915.061)
(a) No charitable organization shall conduct electronic instant bingo unless all of the following are true:
(1) The organization is a veteran's organization described in Ohio R.C. 2915.01(J), or is a fraternal organization described in Ohio R.C. 2915.01(L), and the organization qualified as a veteran's organization or fraternal organization, as applicable, on or before June 30, 2021.
(2) The organization is a veteran's organization described in IRC 501(c)(4) or 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), and is described in IRC 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19).
(3) The organization has not conducted a raffle in violation of Ohio R.C. 2915.092(B) using an electronic raffle machine, as described in Ohio Veterans and Fraternal Charitable Coalition v. DeWine, Case No. 13-CV-13610 (C.P. Franklin Co. February 23, 2018), at any time on or after January 1, 2022.
(b) No charitable organization that conducts electronic instant bingo shall do any of the following:
(1) Possess an electronic instant bingo system that was not obtained in accordance with R.C. Chapter 2915 or with any rule adopted under R.C. Chapter 2915;
(2) Conduct electronic instant bingo on any day, at any time, or on any premises not specified on the organization's type II or type III license issued under Ohio R.C. 2915.08;
(3) Hold more than one valid license to conduct electronic instant bingo at any one time;
(4) Conduct electronic instant bingo on more than one premises or on any premises other than the charitable organization's principal place of business;
(5) Operate more than ten electronic bingo systems at the premises on which the charitable organization conducts electronic instant bingo under its license;
(6) Fail to display both of the following conspicuously at the premises on which the charitable organization conducts electronic instant bingo:
A. The charitable organization's bingo license;
B. The serial number of each deal of electronic instant bingo tickets being sold.
(7) Permit any person the charitable organization knows, or should have known, to be under 18 years of age to play electronic instant bingo;
(8) Sell or provide to any person an electronic instant bingo ticket for a price different from the price displayed on the game flare for that deal, except that the charitable organization may give a participant who wins an electronic instant bingo game an electronic instant bingo ticket as a
prize in place of a cash prize;
(9) Fail, once an electronic instant bingo deal is begun, to continue to sell tickets in that deal until all prizes have been awarded;
(10) 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 electronic instant bingo;
(11) Permit a bingo game operator to play electronic instant bingo;
(12) A. Except as otherwise provided in division (b)(12)B. of this section, pay compensation to a bingo game operator for conducting electronic instant bingo.
B. Division (b)(12)A. of this section does not prohibit an employee of a veteran's organization or fraternal organization from redeeming electronic instant bingo tickets or vouchers for the organization's members or invited guests, so long as no portion of the employee's compensation is paid from any bingo receipts.
(13) Pay consulting fees to any person in relation to electronic instant bingo.
(c) No person shall sell, offer to sell, or otherwise provide or offer to provide an electronic instant bingo system to any person for use in this municipality unless the electronic instant bingo system has been approved under Ohio R.C. 2915.15.
(d) Whoever knowingly violates division (a), (b), or (c) of this section or a rule adopted under Ohio R.C. 2915.14(D) is guilty of illegal electronic instant bingo conduct. Illegal electronic instant bingo conduct is a misdemeanor of the first degree, except that if the offender previously has been convicted of a violation of division (a) or (b) of this section, or any substantially equivalent municipal ordinance or state law, or of a rule adopted under Ohio R.C. 2915.14(D), illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.
(ORC 2915.14)