771.01  DEFINITIONS.
   As used in this chapter:
   (a)    "Owner" means any person having possession of any electronic game of skill or any person operating an electronic gaming parlor. 
      (Ord. 07-003.  Passed 4-9-07.)
   (b)    (1)   “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 ($10.00) 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 (b)(1) hereof:
         A.   As used in this section, “game” and “play” means 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 participation may be rewarded 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 subsection (b)(1) hereof, 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.
   (c)   “Merchandise prize” means any item of value, but shall not include any of the following:
      (1)   Cash, gift cards, or any equivalent thereof;
      (2)   Plays of games of chance, state lottery tickets, bingo, or instant bingo;
      (3)   Firearms, tobacco, or alcoholic beverages; or
      (4)   A redeemable voucher that is redeemable for any of the items listed in subsections (c)(1), (2) or (3) hereof.
   (d)   “Redeemable voucher” means any ticket, token, coupon, receipt, or other noncash representation of value.
   (e)    "Electronic gaming parlor" means any business, establishment, or location operated for profit which employs the use of one or more skill-based amusement machines in any one location. The definition of electronic gaming parlor shall not include any location or establishment operated by any charitable organization as defined at Ohio R.C. 2915.01(H), fraternal organization as defined at Ohio R.C. 2915.01(M), or service organization as defined at Ohio R.C. 2915.01(O), provided no such organization has on its premises for use at any given time, ten or more skill-based amusement machines and provided that all proceeds from such skill-based amusement machines are applied to the charitable purposes of the organization.  (Ord. 08-017.  Passed 1-12-09.)