(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 apply:
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.
(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) Purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards;
(17) Possess bingo supplies that were not obtained in accordance with Ohio R.C. Chapter 2915.
(b) 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.
(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.
(Ord. 73-05. Passed 3-21-05.)