CHAPTER 116:  SWEEPSTAKES, INTERNET CAFÉS, OR SWEEPSTAKES TERMINAL DEVICES
Section
   116.01   Operation of sweepstakes, sweepstakes devices and internet cafés prohibited
   116.02   Definitions
   116.03   Use of sweepstakes terminal device prohibited
§ 116.01  OPERATION OF SWEEPSTAKES, SWEEPSTAKES DEVICES AND INTERNET CAFÉS PROHIBITED.
   The operation of sweepstakes, sweepstakes devices and internet cafés shall be prohibited within the Village of Smithville, Ohio.
(Ord. 2013-11, passed 11-11-2013)
§ 116.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   SWEEPSTAKES. Any game, contest, advertising scheme or plan, or other promotion, but does not include bingo, or games or lotteries conducted by the State Lottery Commission, whether or not consideration is required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance.
   SWEEPSTAKES TERMINAL DEVICE. Means the following:
      (1)   A mechanical, video, digital, or electronic machine or device, that is owned, leased or otherwise possessed by any person conducting a sweepstakes, or by that person's partners, affiliates, subsidiaries, or contractors, that is intended to be used by a sweepstakes participant, and that is capable of displaying information on a screen or other mechanism. A device is a sweepstakes terminal device whether or not any of the following apply:
         (a)   The device is server based;
         (b)   The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
         (c)   The device utilizes software such that the simulated game influences or determines the winning of or value of the prize.
         (d)   The device selects prizes from a predetermined finite pool of entries.
         (e)   The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
         (f)   The device predetermines the prize result and stores those results for delivery at the time the sweepstakes entry results are revealed.
         (g)   The device utilizes software to create a game result.
         (h)   The device requires deposit of any money, coin, or token, or the use of any credit card, debt card, prepaid card, or any other method of payment to activate the electronic machine or device.
         (i)   The device requires direct payment into the device, or remote activation of the device.
         (j)   The device requires purchase of a related product.
         (k)   Any related product of which purchase is required has a legitimate value.
         (l)   The device reveals the prize incrementally, even though the device does not influence the awarding of prize or the value of any prize awarded.
         (m)   The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
         (n)   The device is a slot machine or other form of electrical, mechanical, or computer game.
      (2)   As used in this section:
         (a)   ENTER or ENTRY.  The act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
         (b)   PRIZE. Any gift, award, gratuity, good, service, credit, reward, or any other thing of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
(Ord. 2013-11, passed 11-11-2013)
§ 116.03  USE OF SWEEPSTAKES TERMINAL DEVICE PROHIBITED.
   (A)   No person shall conduct or participate in any way in the conduct of a sweepstakes by the use of a sweepstakes terminal device. This section does not apply to a person whose activity is limited to participation as a player in the sweepstakes and/or ownership of the real property on which the sweepstakes terminal device is located.
   (B)   Whoever violates this section is guilty of illegal use of a sweepstakes terminal device, a misdemeanor of the first degree.
(Ord. 2013-11, passed 11-11-2013)