513.16 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 Ohio R.C. 2915.01(J), or is a fraternal organization described in Ohio 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 Ohio 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 Ohio R.C. Chapter 2915 or with any rule adopted under Ohio 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 Ohio 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 eighteen (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 subsection (b)(12)B. hereof, pay compensation to a bingo game operator for conducting electronic instant bingo.

         B.   Subsection (b)(12)A. hereof 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 Ohio R.C. 2915.15.

   (d)   Whoever knowingly violates subsection (a), (b) or (c) hereof or a rule adopted under Ohio 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 subsection (a) or (b) hereof, or any substantially equivalent municipal ordinance or state law, or of a rule adopted under Ohio R.C. 2915.14(D), illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.

(ORC 2915.14)