Definitions and their usage stated in the singular apply to the plural, and vice-versa.
(a) "Sweepstakes terminal device" means a mechanical, video, digital, or electronic machine or device, including a computer whether or not connected to the internet, 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" if any of the following apply:
(1) The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.
(2) The device utilizes software such that the simulated game influences or determines the winning of or value of the prize.
(3) The device selects prizes from a predetermined finite pool of entries.
(4) The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
(5) The device predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.
(6) The device utilizes software to create a game result.
(7) The device reveals the prize incrementally, even though the device does not influence the awarding of the prize or the value of any prize awarded.
(8) The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
(b) "Sweepstakes" means any game, contest, advertising scheme or plan, or other promotion where consideration is not required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance. "Sweepstakes" does not include bingo as authorized under R.C. Chapter 2915 and City of Vermilion Codified Ordinance Chapter 630; pari-mutual wagering as authorized by R.C. Chapter 3769; lotteries conducted by the State of Ohio Lottery Commission as authorized by R.C. Chapter 3770; or casino gaming as authorized by R.C. Chapter 3772.
(c) "Sweepstakes terminal device facility" means any location in the City of Vermilion where a sweepstakes terminal device is provided to a sweepstakes participant, except as provided in division (G) of R.C. § 2915.02.
(d) "Slot machine" means either of the following:
(1) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain;
(2) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct bingo, a scheme of chance, or a game of chance.
"Slot machine" does not include a skill-based amusement machine, an instant bingo ticket dispenser, or an electronic instant bingo system.
(e) "Game of chance" means poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo as defined at City of Vermilion Codified Ordinances Chapter 630.
(f) "Game of chance conducted for profit" means any game of chance designed to produce income for the person who conducts or operates the game of chance, but does not include bingo as defined at City of Vermilion Codified Ordinances Chapter 630. "Games of chance conducted for profit" are prohibited pursuant to R.C. § 2915.02(A)(2) and (A)(4), as well as City of Vermilion Ordinance 630.02(a)(2) and (a)(4).
(g) "Scheme of chance" means any scheme, including the use of an electronic device to reveal results, in which valuable consideration is paid, directly or indirectly, for a chance to win a prize. "Scheme of chance" includes a slot machine unless authorized under R.C. Chapter 3772; a lottery unless authorized under R.C. Chapter 3770; any numbers game; and any pool conducted for profit. "Scheme of chance" does not include bingo as defined at City of Vermilion Codified Ordinances Chapter 630; a skill-based amusement machine; or a pool not conducted for profit. Schemes of chance are prohibited pursuant to R.C. § 2915.02(A)(2) and (A)(4), as well as City of Vermilion Codified Ordinance 630.02(A)(2) and (A)(4).
Valuable consideration is deemed to be paid for a chance to win a prize in the following instances:
(1) Less than fifty percent of the goods or services sold by a scheme of chance operator in exchange for game entries are used or redeemed by participants at any one location;
(2) Less than fifty percent of participants who purchase goods or services at any one location do not accept, use, or redeem the goods or services sold or purportedly sold;
(3) More than fifty percent of prizes at any one location are revealed to participants through an electronic device simulating a game of chance or a "casino game" as defined in R.C. § 3772.01;
(4) The good or service sold by a scheme of chance operator in exchange for a game entry cannot be used or redeemed in the manner advertised;
(5) A participant pays more than fair market value for goods or services offered by a scheme of chance operator in order to receive one or more game entries;
(6) A participant may use the electronic device to purchase additional game entries;
(7) A participant may purchase additional game entries by using points or credits won as prizes while using the electronic device;
(8) A scheme of chance operator pays out in prize money more than twenty percent of the gross revenue received at one location; or
(9) A participant makes a purchase or exchange in order to obtain any good or service that may be used to facilitate play on the electronic device.
"Electronic device" means a mechanical, video, digital, or electronic machine or device that is capable of displaying information on a screen or other mechanism and that is owned, leased, or otherwise possessed by any person conducting a game of chance or scheme of chance, or by that person's partners, affiliates, subsidiaries, or contractors. "Electronic device" does not include an electronic instant bingo system.
(h) "Pool not conducted for profit" means a scheme or game in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.
(i) "Enter" means the act by which a person becomes eligible to receive any prize.
(j) "Entry" means one event from the initial activation of a sweepstakes terminal device or skill-based amusement machine until all prize results from that activation are revealed.
(k) "Conduct" means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of a sweepstakes, sweepstakes terminal device, sweepstakes terminal device facility, skill-based amusement machine, game of chance, or a scheme of chance.
(l) "Prize" means any gift, award, gratuity, good, service, credit, reward, redeemable voucher, or any other thing of value that 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.
(m) "Redeemable voucher" means any ticket, token, coupon, receipt, or other noncash representation of value.
(n) "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 on games of chance, state lottery tickets, or bingo;
(3) Firearms, tobacco, or alcoholic beverages; or
(4) A redeemable voucher that is redeemable for any of the items listed in division (n)(1), (n)(2), or (n)(3) of this section.
(o) "Person" includes, but is not limited to, an individual or a combination of individuals; a sole proprietorship, a firm, a company, a joint venture, a partnership of any type, a joint-stock company, a corporation of any type, a corporate subsidiary of any type, a limited liability company, a business trust, or any other business entity or organization; an assignee; a receiver; a trustee in bankruptcy; an unincorporated association, club, society, or other unincorporated entity or organization; entities that are disregarded for federal income tax purposes; and any other nongovernmental, artificial, legal entity that is capable of engaging in business.
(p) "Revoke" or "revoked" means to void permanently all rights and privileges of the holder of a license issued under this chapter.
(q) "Suspend" or "suspended" means to interrupt temporarily all rights and privileges of the holder of a license issued under this chapter.
(r) "School" means any education institution, whether public, private, secular, or parochial, which offers instruction to preschool age children, elementary through high school education, colleges and universities of higher education, technical schools, arts and music schools, and any other specialty schools, and includes day care operations other than strictly adult day care operations.
(s) "Premises" means the building or portion of building used to conduct or operate a sweepstakes terminal device facility, as well as the parcel of property upon which the facility is situated.
(t) "Licensee" means the person or persons who sign an application for a license and to whom the license is issued.
(u) "Operator" means any person having any authority to control a sweepstakes terminal device facility or who operates a sweepstakes terminal device facility.
(v) "Owner" means any person who possesses a pecuniary interest, either directly or indirectly, in a sweepstakes terminal device facility, a sweepstakes terminal device, or the operation of a sweepstakes terminal device facility or sweepstakes terminal device.
(w) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter amended.
(Ord. 2022-59. Passed 8-15-22.)