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(a) No person, being the owner or lessee, or having custody, control or supervision of premises, shall:
(2) Recklessly permit such premises to be used or occupied for gambling in violation of Section 517.02.
(b) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony and shall be prosecuted under appropriate State law.
(c) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.