(a) The sale of instant bingo tickets within the City shall be regulated as follows:
(1) The applicant shall be a “charitable organization” as described in Ohio R.C. 2915.01(H) and shall also be exempt from federal income tax under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code. The applicant shall provide a copy of a determination letter from the Internal Revenue Service verifying its tax-exempt status.
(2) The applicant organization shall have been a registered entity with the Ohio Secretary of State for at least two years prior to making an application and must be certified by the Ohio Secretary of State as being in good standing at the time of the application.
(3) The sale of instant bingo tickets shall be ancillary to the conduct of one or more legitimate business operations at the location where instant bingo sales will occur, and the applicant's income from instant bingo sales shall at no time exceed the income derived from conducting the other business operation(s).
(4) All proceeds from the sale of instant bingo tickets, after deducting only the expense for prizes paid out, shall be turned over to the applicant charitable organization. No person shall receive compensation, directly or indirectly, for participating in the sale of instant bingo tickets.
(5) The applicant charitable organization shall maintain such records pertaining to the sale of instant bingo tickets as are required by Ohio R.C. 2915.10, and such records shall be maintained for a period of three years following the sale.
(6) Any permission granted to the applicant charitable organization to sell instant bingo tickets may not be transferred or assigned to any other person or entity, and such transfer or assignment shall render the permission initially granted to the applicant null and void.
(b) Notwithstanding the provisions of division (a) hereof, approval of instant bingo sales shall be limited to one permit for each 7,500 residents of the City.
(c) Whoever violates division (a) is guilty of a misdemeanor of the first degree and subject to revocation of the permission initially granted by the City.
(Ord. 2001-66. Passed 10-16-01.)