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§ 134.06 REGULATIONS CONCERNING OPERATION OF LICENSED BINGO GAME.
   (A)   No charitable organization that conducts bingo shall fail to do any of the following:
      (1)   Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed to conduct bingo, or from the landlord of a premises where bingo is conducted, for a rental rate that is not more than is customary and reasonable for that equipment;
      (2)   Except as otherwise provided in division (A)(3) of this section, use all of the gross receipts from bingo for paying prizes, for reimbursement of expenses for or for renting premises in which to conduct bingo, for reimbursement of expenses for or for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement of expenses for or for hiring security personnel, for reimbursement of expenses for or for advertising bingo, or for reimbursement of other expenses or for other expenses listed in the definition for “expenses” in R.C. § 2915.01, provided that the amount of the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring, advertising, or expense. If the building in which bingo is conducted is owned by the charitable organization conducting bingo and the bingo conducted includes a form of bingo described in division (1) of the definition of “bingo” in R.C. § 2915.01, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of $600 or 45% of the gross receipts from the bingo described in that division as consideration for the use of the premises;
      (3)   Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo described in R.C. § 2915.01(O)(1) for a charitable purpose listed in its license application and described in R.C. § 2915.01(V), or distribute all of the net profit from the proceeds of the sale of instant bingo or electronic instant bingo as stated in its license application and in accordance with R.C. § 2915.101, as applicable.
   (B)   No charitable organization that conducts a bingo game described in division (1) of the definition of “bingo” in R.C. § 2915.01 shall fail to do any of the following:
      (1)   Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by another charitable organization and leased from that charitable organization for a rental rate not in excess of the lesser of $650 per bingo session or 45% of the gross receipts of the bingo session, on premises that are leased from a person other than a charitable organization for a rental rate that is not more than is customary and reasonable for premises that are similar in location, size, and quality but not in excess of $450 per bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that person by another charitable organization, and that are subleased from that other charitable organization by the charitable organization for a rental rate not in excess of $450 per bingo session. No charitable organization is required to pay property taxes or assessments on premises that the charitable organization leases from another person to conduct bingo sessions. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo sessions, the lessor of the premises shall provide only the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo supplies, or any other type of service. A charitable organization shall not lease or sublease premises that it owns or leases to more than three other charitable organizations per calendar week for the purpose of conducting bingo sessions on the premises. A person that is not a charitable organization shall not lease premises that it owns, leases, or otherwise is empowered to lease to more than three charitable organizations per calendar week for conducting bingo sessions on the premises. In no case shall more than nine bingo sessions be conducted on any premises in any calendar week;
      (2)   Display its license conspicuously at the premises where the bingo session is conducted;
      (3)   Conduct the bingo session in accordance with division (1) of the definition of “bingo” in R.C. § 2915.01.
   (C)   No charitable organization that conducts a bingo game described in division (1) of the definition of “bingo” in R.C. § 2915.01 shall not do any of the following:
      (1)   Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable organization or for preparing, selling, or serving food or beverages at the site of the bingo session, permit any auxiliary unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or society of the charitable organization to prepare, sell, or serve food or beverages at a bingo session conducted by the charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;
      (2)   Pay consulting fees to any person for any services performed in relation to the bingo session;
      (3)   Pay concession fees to any person who provides refreshments to the participants in the bingo session;
      (4)   Except as otherwise provided in division (C)(4) of this section, conduct more than three bingo sessions in any seven-day period. A volunteer firefighter's organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than three bingo sessions in a seven-day period after notifying the Attorney General when it will conduct the sessions;
      (5)   Pay out more than $6,000 in prizes for bingo games described in R.C. § 2915.01(S)(1) during any bingo session that is conducted by the charitable organization. "Prizes" does not include awards from the conduct of instant bingo.
      (6)   Conduct a bingo session at any time during the eight-hour period between 2:00 a.m. and 10:00 a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to R.C. § 2915.12 or any substantially equivalent municipal ordinance, at any premises not specified on its license, or on any day of the week or during any time period not specified on its license. This division does not prohibit the sale of instant bingo tickets beginning at 9:00 a.m. for a bingo session that begins at 10:00 a.m. If circumstances make it impractical for the charitable organization to conduct a bingo session at the premises, or on the day of the week or at the time specified on its license or if a charitable organization wants to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license, the charitable organization may apply in writing to the Attorney General for an amended license pursuant to R.C. § 2915.08(J). A charitable organization may apply twice in each calendar year for an amended license to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license. If the amended license is granted, the organization may conduct bingo sessions at the premises, on the day of the week, and at the time specified on its amended license;
      (7)   Permit any person whom the charitable organization knows, or should have known, is under the age of 18 to work as a bingo game operator;
      (8)   Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator;
      (9)   Permit the lessor of the premises on which the bingo session is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo supplies, or any other type of service;
      (10)   Purchase or lease bingo supplies from any person except a distributor issued a license under R.C. § 2915.081;
      (11)   (a)   Use or permit the use of electronic bingo aids except under the following circumstances:
            1.   For any single participant, not more than 90 bingo faces can be played using an electronic bingo aid or aids.
            2.   The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets.
            3.   The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo aid.
            4.   An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and devices that are located on the premises at which the bingo is being conducted or be interactive with any device not located on the premises at which the bingo is being conducted.
            5.   An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at which the bingo session is conducted and at which the electronic bingo aid is used.
            6.   An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is conducted and at which the electronic bingo aid is used.
         (b)   The Attorney General may adopt rules in accordance with R.C. Chapter 119 that govern the use of electronic bingo aids. The rules may include a requirement that an electronic bingo aid be capable of being audited by the Attorney General to verify the number of bingo cards or sheets played during each bingo session.
      (12)   Permit any person the charitable organization knows, or should have known, to be under 18 years of age to play bingo described in division (1) of the definition of “bingo” in R.C. § 2915.01.
   (D)   (1)   Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing other work or labor at the site of bingo during a bingo session.
      (2)   Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly regardless of the source, for conducting instant bingo, electronic instant bingo, or both other than at a bingo session at the site of instant bingo, electronic instant bingo, or both other than at a bingo session.
      (3)   Nothing in this division (D) of this section prohibits an employee of a fraternal organization, veteran's organization, or sporting organization from selling instant bingo tickets or cards to the organization's members or invited guests, as long as no portion of the employee's compensation is paid from any receipts of bingo.
   (E)   Notwithstanding division (B)(1) of this section, a charitable organization that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to another charitable organization or other charitable organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week on the premises, and a person that is not a charitable organization and that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations, provided that no more than four sessions are conducted per calendar week, that the lessor organization or person has notified the Attorney General in writing of the organizations that will conduct the sessions and the days of the week and the times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will conduct the sessions was filed with the Attorney General prior to December 6, 1977, and that each organization that will conduct the sessions was issued a license to conduct bingo games by the Attorney General prior to December 6, 1977.
   (F)   This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an instant bingo ticket as a prize.
   (G)   Whoever violates division (A)(2) of this section is guilty of illegally conducting a bingo game, a felony to be prosecuted under appropriate state law. Except as otherwise provided in this division, whoever violates division (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11), or (D) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of division (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11), or (D) of this section, a violation of division (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11), or (D) of this section is a misdemeanor of the first degree. Whoever violates division (C)(12) of this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (C)(12) of this section, a violation of division (C)(12) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2915.09) Penalty, see § 130.99
§ 134.07 RECORDS TO BE KEPT.
   (A)   No charitable organization that conducts bingo or a game of chance pursuant to R.C. § 2915.02(D), or any substantially similar municipal ordinance, shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:
      (1)   An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each electronic instant bingo game by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number and each electronic instant bingo game by serial number;
      (2)   An itemized list of all expenses, other than prizes, that are incurred in conducting bingo, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;
      (3)   A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number and each electronic instant bingo game by serial number, and the name, address, and social security number of all persons who are winners of prizes of $600 or more in value;
      (4)   An itemized list of the recipients of the net profit of bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable or other purpose set forth in R.C. § 2915.01(V), R.C. § 2915.02(D), or R.C. § 2915.101, a list of each purpose and an itemized list of each expenditure for each purpose;
      (5)   The number of persons who participate in any bingo session or game of chance that is conducted by the charitable organization;
      (6)   A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from “gross receipts” under R.C. § 2915.01(T);
      (7)   An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo or electronic instant bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.
   (B)   A charitable organization shall keep the records that it is required to maintain pursuant to division (A) of this section at its principal place of business in this state or at its headquarters in this state and shall notify the Attorney General of the location at which those records are kept.
   (C)   The gross profit from each bingo session or game described in division (1) or (2) of the definition of “bingo” in R.C. § 2915.01 shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks or electronic fund transfers drawn on the bingo session or game account.
   (D)   Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of November of each year.
   (E)   The Attorney General may adopt rules in accordance with R.C. Chapter 119 that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.
   (F)   A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this state. The record shall include all of the following for each instance:
      (1)   The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;
      (2)   The name and address of the charitable organization or other distributor to which the bingo supplies were sold or otherwise provided;
      (3)   A description that clearly identifies the bingo supplies;
      (4)   Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.
   (G)   A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this state. The record shall include all of the following for each instance:
      (1)   The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;
      (2)   A description that clearly identifies the bingo supplies, including serial numbers;
      (3)   Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.
   (H)   (1)   The Attorney General or any law enforcement agency may do all of the following:
         (a)   Investigate any charitable organization, distributor, or manufacturer or any officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer;
         (b)   Examine the accounts and records of the charitable organization, distributor, or manufacturer or of any officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer;
         (c)   Conduct inspections, audits, and observations of bingo or games of chance;
         (d)   Conduct inspections of the premises where bingo or games of chance are conducted or where bingo supplies are manufactured or distributed;
         (e)   Take any other necessary and reasonable action to determine if a violation of any provision of this chapter or R.C. Chapter 2915 has occurred and to determine whether R.C. § 2915.11, or any substantially equivalent municipal ordinance, has been complied with.
      (2)   If any law enforcement agency has reasonable grounds to believe that a charitable organization, distributor, or manufacturer or an officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer has violated any provision of this chapter or R.C. Chapter 2915, the law enforcement agency may proceed by action in the proper court to enforce this chapter or R.C. Chapter 2915, provided that the law enforcement agency shall give written notice to the Attorney General when commencing an action as described in this division.
   (I)   No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization, distributor, or manufacturer that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of bingo or a game of chance, of premises where bingo or a game of chance is conducted, or of premises where bingo supplies are manufactured or distributed, or refuse to comply with any reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by, the Attorney General or a law enforcement agency pursuant to division (H) of this section.
   (J)   Whoever violates division (A) or (I) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 2915.10) Penalty, see § 130.99
§ 134.08 REQUIREMENTS FOR BINGO GAME OPERATORS.
   (A)   No person shall be a bingo game operator unless the person is 18 years of age or older.
   (B)   No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.
   (C)   Whoever violates division (A) of this section is guilty of a misdemeanor of the third degree. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 2915.11) Penalty, see § 130.99
§ 134.09 BINGO GAMES FOR AMUSEMENT ONLY.
   (A)   Sections 134.06 through 134.13 and 134.15 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 division (A)(1) or (A)(2) of this section.
      (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 $100.
         (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 R.C. §§ 2915.07 through 2915.11 or any substantially similar municipal ordinance.
            2.   A scheme or game of chance, or bingo described in 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 $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 $100.
         (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 $100.
         (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 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 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.
(R.C. § 2915.12) Penalty, see § 130.99
§ 134.10 PROHIBITIONS WHERE INSTANT BINGO GAME IS CONDUCTED.
   (A)   No charitable organization that conducts instant bingo shall do any of the following:
      (1)   Fail to comply with the requirements of 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 R.C. § 2915.01, is in good standing in the state pursuant to R.C. § 2915.08, and is in compliance with 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 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 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 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 R.C. § 2915.081 as reflected on an invoice issued by the distributor that contains all of the information required by 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 R.C. Chapter 2915.
   (B)   A charitable organization may purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards.
   (C)   Pursuant to R.C. § 2915.091(C), the Attorney General may adopt rules in accordance with 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.
(R.C. § 2915.091) Penalty, see § 130.99
§ 134.11 RAFFLE DRAWINGS.
   (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 R.C. Chapter 3314, STEM school established under R.C. Chapter 3326, college-preparatory boarding school established under 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 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.
(R.C. §2915.092) Penalty, see § 130.99
§ 134.12 INSTANT BINGO OTHER THAN AT BINGO SESSIONS.
   (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 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 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.
      (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.
      (4)   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.
   (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 R.C. Chapter 2915.
   (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 $1,500,000.
(R.C. § 2915.093)
   (G)   (1)   Subject to the requirements of 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 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 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.
      (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.
(R.C. § 2915.13) Penalty, see § 130.99
§ 134.13 RESTRICTIONS ON OWNER OR LESSOR OF LOCATION AT INSTANT BINGO.
   (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 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 R.C. Chapter 2915, or permit, aid, or abet any other person in violating any provision of this chapter or 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.
(R.C. § 2915.094) Penalty, see § 130.99
§ 134.14 SKILL-BASED AMUSEMENT MACHINES; PROHIBITED CONDUCT.
   (A)   No person shall give to another person any item described in division (1), (2), (3), or (4) of the definition for “merchandise prize” in § 134.01 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.
   (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)
§ 134.15 ELECTRONIC INSTANT BINGO; PROHIBITED CONDUCT.
   (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 R.C. § 2915.01(J), or is a fraternal organization described in 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 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 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 R.C. § 2915.15.
   (D)   Whoever knowingly violates division (A), (B), or (C) of this section or a rule adopted under 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 R.C. § 2915.14(D), illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.
(R.C. § 2915.14)