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Wintersville Overview
Codified Ordinances of Wintersville, OH
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517.12 BINGO OPERATOR PROHIBITIONS.
   (a)   No person shall be a bingo game operator unless he is eighteen (18) years of age or older.
   (b)   No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.
   (c)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the third degree.
   (d)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree. (ORC 2915.11)
517.13 BINGO EXCEPTIONS.
   (a)   Ohio R.C. 2915.07 to 2915.11 and 2915.14 or Section 517.06 et seq. of this chapter do not apply to bingo games that are conducted for the purpose of amusement only. A bingo game is conducted for the purpose of amusement only if it complies with all of the requirements specified in either subsection (a)(1) or (2) hereof:
      (1)   A.   The participants do not pay any money or any other thing of value including an admission fee, or any fee for bingo cards, sheets, objects to cover the spaces or other devices used in playing bingo, for the privilege of participating in the bingo game or to defray any costs of the game, or pay tips or make donations during or immediately before or after the bingo game.
         B.   All prizes awarded during the course of the game are nonmonetary, and in the form of merchandise, goods or entitlements to goods or services only, and the total value of all prizes awarded during the game is less than one hundred dollars ($100.00).
         C.   No commission, wages, salary, reward, tip, donation, gratuity or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
         D.   The bingo game is not conducted either during or within ten (10) hours of any of the following:
            1.   A bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 to 2915.11 or Section 517.06 et seq. of this chapter;
            2.   A scheme or game of chance or bingo described in Section 517.01(b)(2).
         E.   The number of players participating in the bingo game does not exceed fifty (50).
      (2)   A.   The participants do not pay money or any other thing of value as an admission fee, and no participant is charged more than twenty-five cents (25¢) to purchase a bingo card or sheet, objects to cover the spaces or other devices used in playing bingo.
         B.   The total amount of money paid by all of the participants for bingo cards or sheets, objects to cover the spaces or other devices used in playing bingo does not exceed one hundred dollars ($100.00).
         C.   All of the money paid for bingo cards or sheets, objects to cover spaces or other devices used in playing bingo is used only to pay winners monetary and nonmonetary prizes and to provide refreshments.
         D.   The total value of all prizes awarded during the game does not exceed one hundred dollars ($100.00).
         E.   No commission, wages, salary, reward, tip, donation, gratuity or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
         F.   The bingo game is not conducted during or within ten (10) hours of either of the following:
            1.   A bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 to 2915.15 or Section 517.06 et seq. of this chapter;
            2.   A scheme of chance or game of chance or bingo described in Section 517.01(b)(2).
         G.   All of the participants reside at the premises where the bingo game is conducted.
         H.   The bingo games are conducted on different days of the week and not more than twice in a calendar week.
   (b)   The Attorney General, or any local law enforcement agency, may investigate the conduct of a bingo game that purportedly is conducted for purposes of amusement only if there is reason to believe that the purported amusement bingo game does not comply with subsection (a) hereof. A local law enforcement agency may proceed by action in the proper court to enforce this section if the local law enforcement agency gives written notice to the Attorney General when commencing the action. (ORC 2915.12)
517.14 INSTANT BINGO CONDUCT BY A VETERAN’S OR FRATERNAL ORGANIZATION.
   (a)   Subject to the requirements of Ohio R.C. 2915.14 and 2915.15 concerning electronic instant bingo, a veteran’s organization, a fraternal organization, or a sporting organization authorized to conduct a bingo session pursuant to Ohio R.C. Chapter 2915 may conduct instant bingo, electronic instant bingo, or both other than at a bingo session under a type III license issued under Ohio R.C. 2915.08 if all of the following apply:
      (1)   The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to twelve (12) hours during any day, provided that the sale does not begin earlier than 10:00 a.m. and ends not later than 2:00 a.m.
      (2)   The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to its own premises and to its own members and invited guests.
      (3)   The veteran’s organization, fraternal organization, or sporting organization is raising money for an organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c)(3), and that is in good standing in this state and executes a written contract with that organization as required in subsection (b) hereof.
   (b)   If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to subsection (a) hereof is raising money for another organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c), and that is in good standing in this state, the veteran’s organization, fraternal organization, or sporting organization shall execute a written contract with the organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c), and that is in good standing in this state in order to conduct instant bingo or electronic instant bingo. That contract shall include a statement of the percentage of the net proceeds that the veteran’s, fraternal, or sporting organization will be distributing to the organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c)(3), and that is in good standing in this state.
   (c)   (1)   If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to subsection (b) hereof has been issued a liquor permit under Ohio R.C. Chapter 4303, that permit may be subject to suspension, revocation, or cancellation if the veteran’s organization, fraternal organization, or sporting organization violates a provision of this chapter or Ohio R.C. Chapter 2915.
      (2)   No veteran’s organization, fraternal organization, or sporting organization that enters into a written contract pursuant to subsection (b) hereof shall violate any provision of this chapter or Ohio R.C. Chapter 2915, or permit, aid, or abet any other person in violating any provision of this chapter or Ohio R.C. Chapter 2915.
   (d)   A veteran’s organization, fraternal organization, or sporting organization shall give all required proceeds earned from the conduct of instant bingo or electronic instant bingo to the organization with which the veteran’s organization, fraternal organization, or sporting organization has entered into a written contract.
   (e)   Whoever violates this section is guilty of illegal instant bingo or electronic instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo or electronic instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegal instant bingo or electronic instant bingo conduct is a felony to be prosecuted under appropriate state law.
(ORC 2915.13)
517.15 SKILL-BASED AMUSEMENT MACHINES.
   (a)   (1)   No person shall give to another person any item described in Section 517.01(ff)(1), (2), (3), or (4) in exchange for a noncash prize, toy, or novelty received as a reward for playing or operating a skill-based amusement machine or for a free or reduced-prize game won on a skill-based amusement machine.
      (2)   Whoever violates subsection (a)(1) of this section is guilty of skill-based amusement machine prohibited conduct. Except as provided herein, a violation of subsection (a)(1) is a misdemeanor of the first degree for each redemption of a prize that is involved in the violation. If the offender previously has been convicted of a violation of subsection (a)(1), a violation of subsection (a)(1) is a felony and shall be prosecuted under appropriate State law.
         (ORC 2915.06)
   (b)   Any regulation of skill-based amusement machines shall be governed by this chapter and Ohio R.C. Chapter 2915 and not by Ohio R.C. Chapter 1345.
(ORC 2915.061)
517.16 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)
517.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)