As used in this chapter:
(a) (1) “Mechanical amusement device” is a “skill-based amusement machine” as defined in Ohio R.C. 2915.01. A “skill-based amusement machine” means a mechanical, video, digital, or electronic device that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply:
A. The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed ten dollars;
B. Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than ten dollars;
C. Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than ten dollars times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and
D. Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement machine at the time of play.
(2) A device shall not be considered a skill-based amusement machine and shall be considered a slot machine if it pays cash or one or more of the following apply:
A. The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game.
B. Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the players score;
C. The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game.
D. The success of any player is or may be determined by a chance event that cannot be altered by player actions.
E. The ability of any player to succeed at the game is determined by game features not visible or known to the player.
F. The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.
(3) All of the following apply to any machine that is operated as described in subsection (a)(1) hereof.
A. As used in this section, “game” and “play” mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single game, play, contest, competition or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.
B. Advance play for a single game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition or tournament participation may be greater than a single noncontest, competition or tournament play.
C. To the extent that the machine is used in a contest, competition or tournament, that contest, competition or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of redeemable vouchers or merchandise prizes that are stated prior to the start of the contest, competition or tournament.
(4) For purposes of division (a)(1) of this section, the mere presence of a device, such as a pin-setting, ball-releasing or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement machine.
(b) (1) “Slot machine” means either of the following:
A. Any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain;
B. Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct or dispense bingo or a scheme or game of chance.
(2) “Slot machine” does not include a skill-based amusement machine.
(Ord. 2008-01. Passed 2-11-08.)
(c) "Person" means an individual, partnership or corporation.