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| To amend sections 173.121, 1531.01, 1711.09, 2915.01, | 1 |
| 2915.02, 2915.05, 2915.07 to 2915.10, 2915.12, | 2 |
| 3763.01, 4301.03, and 4303.17 and to enact sections | 3 |
| 2915.081, 2915.082, 2915.091, and 2915.092 of the | 4 |
| Revised Code to define "bingo" to include bingo, | 5 |
| instant bingo, seal cards, punch boards, and | 6 |
| raffles; to create a license that authorizes | 7 |
| charitable organizations to conduct bingo, instant | 8 |
| bingo, seal cards, and punch boards; to require the | 9 |
| licensing of manufacturers and distributors of | 10 |
| bingo supplies; to regulate the conduct of instant | 11 |
| bingo and raffles; to authorize charitable | 12 |
| organizations that hold D-4 and D-5 liquor permits | 13 |
| to conduct certain types of bingo and serve beer or | 14 |
| intoxicating liquor at the same time; to increase | 15 |
| the amount that certain charitable organizations | 16 |
| may retain from gross receipts as consideration for | 17 |
| use of the premises; to allow fraternal, civic, and | 18 |
| veteran's organizations to use 45% of the net | 19 |
| profits generated from instant bingo; and to make | 20 |
| other changes in the Charitable Gambling Law. | 21 |
| Section 1. That sections 173.121, 1531.01, 1711.09, 2915.01, | 22 |
| 2915.02, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10, 2915.12, | 23 |
| 3763.01, 4301.03, and 4303.17 be amended and sections 2915.081, | 24 |
| 2915.082, 2915.091, and 2915.092 of the Revised Code be enacted to | 25 |
| read as follows: | 26 |
| Sec. 173.121. (A) As used in this section, "bingo," "bingo | 27 |
| game operator," and "participant" have the same meanings as in | 28 |
| section 2915.01 of the Revised Code. | 29 |
| (B) Notwithstanding sections 2915.07 to 2915.12 of the | 30 |
| Revised Code, a multipurpose senior center may conduct bingo games | 31 |
| described in division (S)(1) of section 2915.01 of the Revised | 32 |
| Code, but only if it complies with all of the following | 33 |
| requirements: | 34 |
| (1) All bingo games are conducted only on the premises of | 35 |
| the
facility |
36 |
| (2) All participants
are sixty years of age or older |
37 |
| (3) All bingo game operators are sixty years of age or older | 38 |
| and receive no compensation for
serving as operators |
39 |
| (4) No participant is charged an admission fee, and no | 40 |
| participant is charged more than twenty-five cents to purchase a | 41 |
| bingo card or |
42 |
| 43 |
| (5) All proceeds from games are used only for any of the | 44 |
| following: | 45 |
| (a) To pay winners monetary or nonmonetary prizes; | 46 |
| (b) To provide refreshments; | 47 |
| (c) To defray any costs directly related to conducting the | 48 |
| games; | 49 |
| (d) To defray costs of services the facility provides in | 50 |
| accordance with section 173.12 of the Revised Code. | 51 |
| Sec. 1531.01. As used in this chapter and Chapter 1533. of | 52 |
| the Revised Code: | 53 |
| (A) "Person" means individual, company, partnership, | 54 |
| corporation, municipal corporation, association, or any | 55 |
| combination of individuals, or any employee, agent, or officer | 56 |
| thereof. | 57 |
| (B) "Resident" means any individual who has resided in this | 58 |
| state for not less than six months next preceding the date of | 59 |
| making application for a license. | 60 |
| (C) "Nonresident" means any individual who does not qualify | 61 |
| as a resident. | 62 |
| (D) "Division rule" or "rule" means any rule adopted by the | 63 |
| chief of the division of wildlife under section 1531.10 of the | 64 |
| Revised Code unless the context indicates otherwise. | 65 |
| (E) "Closed season" means that period of time during which | 66 |
| the taking of wild animals protected by this chapter and Chapter | 67 |
| 1533. of the Revised Code is prohibited. | 68 |
| (F) "Open season" means that period of time during which the | 69 |
| taking of wild animals protected by this chapter and Chapter 1533. | 70 |
| of the Revised Code is permitted. | 71 |
| (G) "Take or taking" includes pursuing, shooting, hunting, | 72 |
| killing, trapping, angling, fishing with a trotline, or netting | 73 |
| any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 74 |
| wild bird, or wild quadruped, and any lesser act, such as | 75 |
| wounding, or placing, setting, drawing, or using any other device | 76 |
| for killing or capturing any wild animal, whether it results in | 77 |
| killing or capturing the animal or not. "Take or taking" includes | 78 |
| every attempt to kill or capture and every act of assistance to | 79 |
| any other person in killing or capturing or attempting to kill or | 80 |
| capture a wild animal. | 81 |
| (H) "Possession" means both actual and constructive | 82 |
| possession and any control of things referred to. | 83 |
| (I) "Bag limit" means the number, measurement, or weight of | 84 |
| any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 85 |
| birds, and wild quadrupeds permitted to be taken. | 86 |
| (J) "Transport and transportation" means carrying or moving | 87 |
| or causing to be carried or moved. | 88 |
| (K) "Sell and sale" means barter, exchange, or offer or | 89 |
| expose for sale. | 90 |
| (L) "Whole to include part" means that every provision | 91 |
| relating to any wild animal protected by this chapter and Chapter | 92 |
| 1533. of the Revised Code applies to any part of the wild animal | 93 |
| with the same effect as it applies to the whole. | 94 |
| (M) "Angling" means fishing with not more than two hand | 95 |
| lines, not more than two units of rod and line, or a combination | 96 |
| of not more than one hand line and one rod and line, either in | 97 |
| hand or under control at any time while fishing. The hand line or | 98 |
| rod and line shall have attached to it not more than three baited | 99 |
| hooks, not more than three artificial fly rod lures, or one | 100 |
| artificial bait casting lure equipped with not more than three | 101 |
| sets of three hooks each. | 102 |
| (N) "Trotline" means a device for catching fish that consists | 103 |
| of a line having suspended from it, at frequent intervals, | 104 |
| vertical lines with hooks attached. | 105 |
| (O) "Fish" means a cold-blooded vertebrate having fins. | 106 |
| (P) "Measurement of fish" means length from the end of the | 107 |
| nose to the longest tip or end of the tail. | 108 |
| (Q) "Wild birds" includes game birds and nongame birds. | 109 |
| (R) "Game" includes game birds, game quadrupeds, and | 110 |
| fur-bearing animals. | 111 |
| (S) "Game birds" includes mourning doves, ringneck pheasants, | 112 |
| bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 113 |
| grouse, wild turkey, Hungarian partridge, Chukar partridge, | 114 |
| woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 115 |
| jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 116 |
| duck, geese, brant, and crows. | 117 |
| (T) "Nongame birds" includes all other wild birds not | 118 |
| included and defined as game birds. | 119 |
| (U) "Wild quadrupeds" includes game quadrupeds and | 120 |
| fur-bearing animals. | 121 |
| (V) "Game quadrupeds" includes cottontail rabbits, gray | 122 |
| squirrels, black squirrels, fox squirrels, red squirrels, flying | 123 |
| squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 124 |
| wild boar, and black bears. | 125 |
| (W) "Fur-bearing animals" includes minks, weasels, raccoons, | 126 |
| skunks, opossums, muskrats, fox, beavers, badgers, otters, | 127 |
| coyotes, and bobcats. | 128 |
| (X) "Wild animals" includes mollusks, crustaceans, aquatic | 129 |
| insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 130 |
| and all other wild mammals, but does not include domestic deer. | 131 |
| (Y) "Hunting" means pursuing, shooting, killing, following | 132 |
| after or on the trail of, lying in wait for, shooting at, or | 133 |
| wounding wild birds or wild quadrupeds while employing any device | 134 |
| commonly used to kill or wound wild birds or wild quadrupeds | 135 |
| whether or not the acts result in killing or wounding. "Hunting" | 136 |
| includes every attempt to kill or wound and every act of | 137 |
| assistance to any other person in killing or wounding or | 138 |
| attempting to kill or wound wild birds or wild quadrupeds. | 139 |
| (Z) "Trapping" means securing or attempting to secure | 140 |
| possession of a wild bird or wild quadruped by means of setting, | 141 |
| placing, drawing, or using any device that is designed to close | 142 |
| upon, hold fast, confine, or otherwise capture a wild bird or wild | 143 |
| quadruped whether or not the means results in capture. "Trapping" | 144 |
| includes every act of assistance to any other person in capturing | 145 |
| wild birds or wild quadrupeds by means of the device whether or | 146 |
| not the means results in capture. | 147 |
| (AA) "Muskrat spear" means any device used in spearing | 148 |
| muskrats. | 149 |
| (BB) "Channels and passages" means those narrow bodies of | 150 |
| water lying between islands or between an island and the mainland | 151 |
| in Lake Erie. | 152 |
| (CC) "Island" means a rock or land elevation above the waters | 153 |
| of Lake Erie having an area of five or more acres above water. | 154 |
| (DD) "Reef" means an elevation of rock, either broken or in | 155 |
| place, or gravel shown by the latest United States chart to be | 156 |
| above the common level of the surrounding bottom of the lake, | 157 |
| other than the rock bottom, or in place forming the base or | 158 |
| foundation rock of an island or mainland and sloping from the | 159 |
| shore of it. "Reef" also means all elevations shown by that chart | 160 |
| to be above the common level of the sloping base or foundation | 161 |
| rock of an island or mainland, whether running from the shore of | 162 |
| an island or parallel with the contour of the shore of an island | 163 |
| or in any other way and whether formed by rock, broken or in | 164 |
| place, or from gravel. | 165 |
| (EE) "Fur farm" means any area used exclusively for raising | 166 |
| fur-bearing animals or in addition thereto used for hunting game, | 167 |
| the boundaries of which are plainly marked as such. | 168 |
| (FF) "Waters" includes any lake, pond, reservoir, stream, | 169 |
| channel, lagoon, or other body of water, or any part thereof, | 170 |
| whether natural or artificial. | 171 |
| (GG) "Crib" or "car" refers to that particular compartment of | 172 |
| the net from which the fish are taken when the net is lifted. | 173 |
| (HH) "Commercial fish" means those species of fish permitted | 174 |
| to be taken, possessed, bought, or sold unless otherwise | 175 |
| restricted by the Revised Code or division rule and are alewife | 176 |
| (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 177 |
| (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 178 |
| smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 179 |
| cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 180 |
| (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 181 |
| catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 182 |
| olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 183 |
| freshwater drum or sheepshead (Aplodinotus grunniens), gar | 184 |
| (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 185 |
| (Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 186 |
| (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 187 |
| (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 188 |
| sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 189 |
| than buffalo and quillback (Carpiodes sp., Catostomus sp., | 190 |
| Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 191 |
| chrysops), white perch (Roccus americanus), and yellow perch | 192 |
| (Perca flavescens). When the common name of a fish is used in | 193 |
| this chapter or Chapter 1533. of the Revised Code, it refers to | 194 |
| the fish designated by the scientific name in this definition. | 195 |
| (II) "Fishing" means taking or attempting to take fish by any | 196 |
| method, and all other acts such as placing, setting, drawing, or | 197 |
| using any device commonly used to take fish whether resulting in a | 198 |
| taking or not. | 199 |
| (JJ) "Fillet" means the pieces of flesh taken or cut from | 200 |
| both sides of a fish, joined to form one piece of flesh. | 201 |
| (KK) "Part fillet" means a piece of flesh taken or cut from | 202 |
| one side of a fish. | 203 |
| (LL) "Round" when used in describing fish means with head and | 204 |
| tail intact. | 205 |
| (MM) "Migrate" means the transit or movement of fish to or | 206 |
| from one place to another as a result of natural forces or | 207 |
| instinct and includes, but is not limited to, movement of fish | 208 |
| induced or caused by changes in the water flow. | 209 |
| (NN) "Spreader bar" means a brail or rigid bar placed across | 210 |
| the entire width of the back, at the top and bottom of the cars in | 211 |
| all trap, crib, and fyke nets for the purpose of keeping the | 212 |
| meshes hanging squarely while the nets are fishing. | 213 |
| (OO) "Fishing guide" means any person who, for consideration | 214 |
| or hire, operates a boat, rents, leases, or otherwise furnishes | 215 |
| angling devices, ice fishing shanties or shelters of any kind, or | 216 |
| other fishing equipment, and accompanies, guides, directs, or | 217 |
| assists any other person in order for the other person to engage | 218 |
| in fishing. | 219 |
| (PP) "Net" means fishing devices with meshes composed of | 220 |
| twine or synthetic material and includes, but is not limited to, | 221 |
| trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 222 |
| seines, except minnow seines and minnow dip nets. | 223 |
| (QQ) "Commercial fishing gear" means seines, trap nets, fyke | 224 |
| nets, dip nets, carp aprons, trotlines, other similar gear, and | 225 |
| any boat used in conjunction with that gear, but does not include | 226 |
| gill nets. | 227 |
| (RR) "Native wildlife" means any species of the animal | 228 |
| kingdom indigenous to this state. | 229 |
| (SS) "Gill net" means a single section of fabric or netting | 230 |
| seamed to a float line at the top and a lead line at the bottom, | 231 |
| which is designed to entangle fish in the net openings as they | 232 |
| swim into it. | 233 |
| (TT) "Tag fishing tournament" means a contest in which a | 234 |
| participant pays a fee, or gives other valuable consideration, for | 235 |
| a chance to win a prize by virtue of catching a tagged or | 236 |
| otherwise specifically marked fish within a limited period of | 237 |
| time |
238 |
| 239 |
| (UU) "Tenant" means an individual who resides on land for | 240 |
| which the individual pays rent and whose annual income is | 241 |
| primarily derived from agricultural production conducted on that | 242 |
| land, as "agricultural production" is defined in section 929.01 of | 243 |
| the Revised Code. | 244 |
| (VV) "Nonnative wildlife" means any wild animal not | 245 |
| indigenous to this state, but does not include domestic deer. | 246 |
| (WW) "Reptiles" includes common musk turtle (sternotherus | 247 |
| odoratus), common snapping turtle (Chelydra serpentina | 248 |
| serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 249 |
| (Terrapene carolina carolina), Blanding's turtle (Emydoidea | 250 |
| blandingii), common map turtle (Graptemys geographica), ouachita | 251 |
| map turtle (Graptemys pseudogeographica ouachitensis), midland | 252 |
| painted turtle (Chrysemys picta marginata), red-eared slider | 253 |
| (Trachemys scripta elegans), eastern spiny softshell turtle | 254 |
| (Apalone spinifera spinifera), midland smooth softshell turtle | 255 |
| (Apalone mutica mutica), northern fence lizard (Sceloporus | 256 |
| undulatus hyacinthinus), ground skink (Scincella lateralis), | 257 |
| five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 258 |
| laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 259 |
| European wall lizard (Podarcis muralis), queen snake (Regina | 260 |
| septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 261 |
| water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 262 |
| (Nerodia sipedon insularum), copperbelly water snake (Nerodia | 263 |
| erythrogaster neglecta), northern brown snake (Storeria dekayi | 264 |
| dekayi), midland brown snake (Storeria dekayi wrightorum), | 265 |
| northern redbelly snake (Storeria occipitomaculata | 266 |
| occipitomaculata), eastern garter snake (Thamnophis sirtalis | 267 |
| sirtalis), eastern plains garter snake (Thamnophis radix radix), | 268 |
| Butler's garter snake (Thamnophis butleri), shorthead garter snake | 269 |
| (Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 270 |
| sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 271 |
| septentrionalis), eastern hognose snake (Heterodon platirhinos), | 272 |
| eastern smooth earth snake (Virginia valeriae valeriae), northern | 273 |
| ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 274 |
| (Carphophis amoenus helenae), eastern worm snake (Carphophis | 275 |
| amoenus amoenus), black racer (Coluber constrictor constrictor), | 276 |
| blue racer (Coluber constrictor foxii), rough green snake | 277 |
| (opheodrys aestivus), smooth green snake (opheodrys vernalis | 278 |
| vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 279 |
| snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 280 |
| getula nigra), eastern milk snake (Lampropeltis triangulum | 281 |
| triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 282 |
| eastern massasauga (Sistrurus catenatus catenatus), and timber | 283 |
| rattlesnake (Crotalus horridus horridus). | 284 |
| (XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 285 |
| alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 286 |
| maculosus), red-spotted newt (Notophthalmus viridescens | 287 |
| viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 288 |
| spotted salamander (Ambystoma maculatum), blue-spotted salamander | 289 |
| (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 290 |
| streamside salamander (Ambystoma barbouri), marbled salamander | 291 |
| (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 292 |
| tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 293 |
| mountain dusky salamander (Desmognathus ochrophaeus), redback | 294 |
| salamander (Plethodon cinereus), ravine salamander (Plethodon | 295 |
| richmondi), northern slimy salamander (Plethodon glutinosus), | 296 |
| Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 297 |
| (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 298 |
| porphyriticus duryi), northern spring salamander (Gyrinophilus | 299 |
| porphyriticus porphyriticus), mud salamander (Pseudotriton | 300 |
| montanus), northern red salamander (Pseudotriton ruber ruber), | 301 |
| green salamander (Aneides aeneus), northern two-lined salamander | 302 |
| (Eurycea bislineata), longtail salamander (Eurycea longicauda | 303 |
| longicauda), cave salamander (Eurycea lucifuga), southern | 304 |
| two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 305 |
| woodhousii fowleri), American toad (Bufo americanus), eastern | 306 |
| spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 307 |
| crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 308 |
| crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 309 |
| (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 310 |
| triseriata), mountain chorus frog (Pseudacris brachyphona), | 311 |
| bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 312 |
| northern leopard frog (Rana pipiens), pickerel frog (Rana | 313 |
| palustris), southern leopard frog (Rana utricularia), and wood | 314 |
| frog (Rana sylvatica). | 315 |
| (YY) "Deer" means white-tailed deer (Oddocoileus | 316 |
| virginianus). | 317 |
| (ZZ) "Domestic deer" means nonnative deer that have been | 318 |
| legally acquired or their offspring and that are held in private | 319 |
| ownership for primarily agricultural purposes. | 320 |
| Sec. 1711.09. Except as otherwise provided in this section, | 321 |
| county agricultural societies, independent agricultural societies, | 322 |
| and the Ohio expositions commission shall not permit during any | 323 |
| fair, or for one week before or
three days |
324 |
| fair, any dealing in spirituous liquors, or at any time allow or | 325 |
| tolerate immoral shows, lottery devices, games of chance, or | 326 |
| gambling of any kind, including pool selling and paddle wheels, | 327 |
| anywhere on the fairground; and shall permit no person at any time | 328 |
| to operate any side show, amusement, game, or device, or offer for | 329 |
| sale any novelty by auction or
solicitation, on |
330 |
| fairground who has not first obtained from the director of | 331 |
| agriculture
|
332 |
| of the Revised Code. This section does not prohibit the sale of | 333 |
| lottery tickets by the state lottery commission pursuant to | 334 |
| Chapter 3770. of the Revised Code at the state fairground during | 335 |
| the state fair. In addition, a county or independent agricultural | 336 |
| society may permit, at any time except during a fair or for one | 337 |
| week before or three days
|
338 |
| organization to conduct in accordance with Chapter 2915. of the | 339 |
| Revised Code games of
chance |
340 |
| fairground of a county with a
population of |
341 |
| thousand or less. A charitable organization may lease all or part | 342 |
| of the fairground from the agricultural society for that purpose. | 343 |
| Any sales of intoxicating liquor transacted on the fairground | 344 |
| shall be subject to Chapters 4301., 4303., and 4399. of the | 345 |
| Revised Code. | 346 |
| Any agricultural society that permits the sale of | 347 |
| intoxicating liquor on its fairground shall apply any proceeds | 348 |
| gained by
|
349 |
| activities coincident to the sale of intoxicating liquor first to | 350 |
| pay the cost of insurance on all
buildings on |
351 |
| and then for any other purpose authorized by law. | 352 |
| Sec. 2915.01. As used in this chapter: | 353 |
| (A) "Bookmaking" means the business of receiving or paying | 354 |
| off bets. | 355 |
| (B) "Bet" means the hazarding of anything of value upon the | 356 |
| result of an event, undertaking, or contingency, but does not | 357 |
| include a bona fide business risk. | 358 |
| (C) "Scheme of chance" means a lottery, numbers game, pool, | 359 |
| or other scheme in which a participant gives a valuable | 360 |
| consideration for a chance to win a prize,but does not include | 361 |
| bingo. | 362 |
| (D) "Game of chance" means poker, craps, roulette, a slot | 363 |
| machine, |
364 |
| anything of value in the hope of gain, the outcome of which is | 365 |
| determined largely |
366 |
| bingo. | 367 |
| (E) " |
368 |
| means any |
369 |
| the person who conducts or
operates the |
370 |
| but does not include |
371 |
| (F) "Gambling device" means any of the following: | 372 |
| (1) A book, totalizer, or other equipment for recording | 373 |
| bets; | 374 |
| (2) A ticket, token, or other device representing a chance, | 375 |
| share, or interest in a scheme of
chance |
376 |
| 377 |
| (3) A deck of cards, dice, gaming table, roulette wheel, | 378 |
| slot machine, |
379 |
| connection with a game of chance; | 380 |
| (4) Any equipment, device, apparatus, or paraphernalia | 381 |
| specially designed for gambling purposes; | 382 |
| (5) Bingo supplies sold or otherwise provided, or used, in | 383 |
| violation of this chapter. | 384 |
| (G) "Gambling offense" means any of the following: | 385 |
| (1) A violation of section 2915.02, 2915.03, 2915.04, | 386 |
| 2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, | 387 |
| 2915.092, 2915.10, or 2915.11 of the Revised Code; | 388 |
| (2) A violation of an existing or former municipal ordinance | 389 |
| or law of this or any other state or the United States | 390 |
| substantially equivalent to any section listed in division (G)(1) | 391 |
| of this section or a violation of section 2915.06 of the Revised | 392 |
| Code as it existed prior to
|
393 |
| July1, 1996; | 394 |
| (3) An offense under an existing or former municipal | 395 |
| ordinance or law of this or any other state or the United States, | 396 |
| of which gambling is an element; | 397 |
| (4) A conspiracy or attempt to commit, or complicity in | 398 |
| committing, any offense under division (G)(1), (2), or (3) of this | 399 |
| section. | 400 |
| (H) "Charitable organization" means any tax exempt religious, | 401 |
| educational, veteran's, fraternal, service, nonprofit medical, | 402 |
| volunteer rescue service,
volunteer |
403 |
| senior citizen's, youth athletic, amateur athletic, or youth | 404 |
| athletic park organization. An organization is tax exempt if the | 405 |
| organization is, and has received from the internal revenue | 406 |
| service a determination letter that currently is in effect stating | 407 |
| that the organization is, exempt from federal income taxation | 408 |
| under subsection 501(a) and described in subsection 501(c)(3), | 409 |
| 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 410 |
| Revenue Code. To qualify as a charitable organization, an | 411 |
| organization, except a volunteer
rescue service or volunteer |
412 |
| 413 | |
| continuous existence as such in this state for a period of two | 414 |
| years immediately preceding either the making of an application | 415 |
| for a |
416 |
| the conducting of any
|
417 |
| provided in division
|
418 |
| Code. | 419 |
| (I) "Religious organization" means any church, body of | 420 |
| communicants, or group that is not organized or operated for | 421 |
| profit and that gathers in common membership for regular worship | 422 |
| and religious observances. | 423 |
| (J) "Educational organization" means any organization within | 424 |
| this state that is not organized
for profit |
425 |
| 426 | |
| in this division, "educational purposes" means to provide | 427 |
| scholarships, to educate and develop the capabilities of | 428 |
| individuals through instruction,
|
429 |
| or
|
430 |
| college, or university. | 431 |
| (K) "Veteran's organization" means any individual post of a | 432 |
| national veteran's association or an auxiliary unit of any | 433 |
| individual post of a national veteran's association, which post or | 434 |
| auxiliary unit has been incorporated as a nonprofit corporation | 435 |
| for at least two years and has received a letter from the state | 436 |
| headquarters of the national veteran's association indicating that | 437 |
| the individual post or auxiliary unit is in good standing with the | 438 |
| national veteran's association. As used in this division, | 439 |
| "national veteran's association" means any veteran's association | 440 |
| that has been in continuous existence as such for a period of at | 441 |
| least
|
442 |
| United States congress or has a national dues-paying membership of | 443 |
| at least five thousand persons. | 444 |
| (L) "Volunteer
|
445 |
| means any organization of
volunteer |
446 |
| defined in section 146.01 of the Revised Code, that is organized | 447 |
| and operated exclusively to provide financial support for a | 448 |
| volunteer fire department or a volunteer fire company. | 449 |
| (M) "Fraternal organization" means any society, order, or | 450 |
| association within this state, except a college or high school | 451 |
| fraternity, that is not organized for profit, that is a branch, | 452 |
| lodge, or chapter of a national or state organization, that exists | 453 |
| exclusively for the common business or sodality of its members, | 454 |
| and that has been in continuous existence in this state for a | 455 |
| period of
|
456 |
| state organization" means an organization that has been in | 457 |
| continuous existence as such for a period of at least five years | 458 |
| and that has a national or state dues-paying membership, as | 459 |
| applicable. | 460 |
| (N) "Volunteer rescue service organization" means any | 461 |
| organization of volunteers organized to function as an emergency | 462 |
| medical service organization, as defined in section 4765.01 of the | 463 |
| Revised Code. | 464 |
| (O) "Service organization" means any organization, not | 465 |
| organized for profit, that is organized and operated exclusively | 466 |
| to provide, or to contribute to the support of organizations or | 467 |
| institutions organized and operated exclusively to provide, | 468 |
| medical and therapeutic services for persons who are crippled, | 469 |
| born with birth defects, or have any other mental or physical | 470 |
| defect or those organized and operated exclusively to protect, or | 471 |
| to contribute to the support of organizations or institutions | 472 |
| organized and operated exclusively to protect, animals from | 473 |
| inhumane treatment. | 474 |
| (P) "Nonprofit medical organization" means any organization | 475 |
| that has been incorporated as a nonprofit corporation for at least | 476 |
| five years and that has continuously operated and will be operated | 477 |
| exclusively to provide, or to contribute to the support of | 478 |
| organizations or institutions organized and operated exclusively | 479 |
| to provide, hospital, medical, research, or therapeutic services | 480 |
| for the public. | 481 |
| (Q) "Senior citizen's organization" means any private | 482 |
| organization, not organized for profit, that is organized and | 483 |
| operated exclusively to provide recreational or social services | 484 |
| for persons who are fifty-five years of age or older and that is | 485 |
| described and qualified under subsection 501(c)(3) of the Internal | 486 |
| Revenue Code. | 487 |
| (R) "Charitable bingo game" means any bingo game described in | 488 |
| division (S)(1) or (2) of this section that is conducted by a | 489 |
| charitable organization that has
obtained a |
490 |
| to section 2915.08 of the Revised Code and the proceeds of which | 491 |
| are used for a charitable purpose. | 492 |
| (S) "Bingo" means either of the following: | 493 |
| (1) A game with all of the following characteristics: | 494 |
| (a) The participants use bingo cards or sheets that are | 495 |
| divided into twenty-five spaces arranged in five horizontal and | 496 |
| five vertical rows of spaces, with each space, except the central | 497 |
| space, being designated by a combination of a letter and a number | 498 |
| and with the central space being designated as a free space. | 499 |
| (b) The participants cover the spaces on the bingo cards or | 500 |
| sheets that correspond to combinations of letters and numbers that | 501 |
| are announced by a bingo game operator. | 502 |
| (c) A bingo game operator announces combinations of letters | 503 |
| and numbers that appear on objects that a bingo game operator | 504 |
| selects by chance, either manually or mechanically, from a | 505 |
| receptacle that contains seventy-five objects at the beginning of | 506 |
| each game, each object marked by a different combination of a | 507 |
| letter and a number that corresponds to one of the seventy-five | 508 |
| possible combinations of a letter and a number that can appear on | 509 |
| the bingo cards or sheets. | 510 |
| (d) The winner of the bingo game includes any participant | 511 |
| who properly announces during the interval between the | 512 |
| announcements of letters and numbers as described in division | 513 |
| (S)(1)(c) of this section, that a predetermined and preannounced | 514 |
| pattern of spaces has been covered on a bingo card or sheet being | 515 |
| used by the participant. | 516 |
| (2) |
517 |
| 518 | |
| 519 |
| |
520 |
| 521 | |
| 522 | |
| 523 | |
| 524 | |
| 525 | |
| 526 | |
| 527 | |
| 528 |
| |
529 |
| 530 | |
| 531 | |
| 532 |
| |
533 |
| 534 | |
| 535 | |
| 536 | |
| 537 | |
| 538 | |
| 539 |
| |
540 |
| 541 | |
| 542 | |
| 543 | |
| raffles. | 544 |
| (T) "Conduct" means to back, promote, organize, manage, carry | 545 |
| on, or prepare for the operation
of |
546 |
| chance |
547 |
| 548 |
| (U) "Bingo game operator" means any person, except security | 549 |
| personnel, who performs work or
labor at the site of |
550 |
| including, but not limited to, collecting money from participants, | 551 |
| handing out bingo cards or
objects to cover spaces on |
552 |
| cards, selecting from a receptacle the objects that contain the | 553 |
| combination of letters and
numbers that appear on |
554 |
| calling out the combinations of letters and numbers, distributing | 555 |
| prizes |
556 |
| tickets or cards, including instant bingo tickets used in | 557 |
| conjunction with a seal card, supervising the operation of a punch | 558 |
| board, selling raffle tickets, selecting raffle tickets from a | 559 |
| receptacle and announcing the winning numbers in a raffle, and | 560 |
| preparing, selling, and serving food or beverages. | 561 |
| (V) "Participant"
means any person who plays bingo |
562 |
| 563 | |
| 564 | |
| 565 |
| (W) "Bingo session" means a period, not to exceed five | 566 |
| continuous hours, during which a person conducts one or more bingo | 567 |
| games described in division (S)(1) of this section. | 568 |
| (X) "Gross receipts" means all money or assets, including | 569 |
| admission fees, that a person
receives from |
570 |
| 571 | |
| prizes paid out |
572 |
| conducting |
573 |
| any money directly taken in from the sale of food or beverages by | 574 |
| a charitable organization
conducting |
575 |
| fide auxiliary unit or society of
a charitable organization |
576 |
| 577 | |
| bingo, provided all of the following apply: | 578 |
| (1) The auxiliary unit or society has been in existence as a | 579 |
| bona fide auxiliary unit or society of the charitable organization | 580 |
| for at least two years prior to
|
581 |
| (2) The person who purchases the food or beverage receives | 582 |
| nothing of value except the food or beverage and items customarily | 583 |
| received with the purchase of that food or beverage. | 584 |
| (3) The food and beverages are sold at customary and | 585 |
| reasonable prices. | 586 |
| |
587 |
| 588 | |
| 589 | |
| 590 |
| (Y) "Security personnel" includes any person who either is a | 591 |
| sheriff, deputy sheriff, marshal, deputy marshal, township | 592 |
| constable, or member of an organized police department of a | 593 |
| municipal corporation or has successfully completed a peace | 594 |
| officer's training course pursuant to sections 109.71 to 109.79 of | 595 |
| the Revised Code and who is hired to provide security for the | 596 |
| premises on which
|
597 |
| (Z)(1)
" |
598 |
| purpose" means that the
|
599 |
| described in division (S)(1) of this section is used by, or given, | 600 |
| donated, or otherwise transferred to, any of the following: | 601 |
| (a) Any organization that is described in subsection | 602 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 603 |
| and is either a governmental unit or an organization that is tax | 604 |
| exempt under subsection 501(a) and described in subsection | 605 |
| 501(c)(3) of the Internal Revenue
Code; |
606 |
| 607 | |
| 608 |
| (b)A
veteran's organization |
609 |
| 610 | |
| veterans, or an auxiliary unit or society of, or a trust or | 611 |
| foundation for, any such post, chapter, or organization organized | 612 |
| in the United States or any of its possessions, at least | 613 |
| seventy-five per cent of the members of which are war veterans and | 614 |
| substantially all of the other members of which are individuals | 615 |
| who are veterans (but not war veterans) or are cadets, or are | 616 |
| spouses, widows, or widowers of war veterans, or such individuals, | 617 |
| provided that no part of the net earnings of such post or | 618 |
| organization inures to the benefit of any private shareholder or | 619 |
| individual, and further provided
that the |
620 |
| net profit is used by the post or organization for the charitable | 621 |
| purposes set forth in division (B)(12) of section 5739.02 of the | 622 |
| Revised Code,
|
623 |
| attendance at an institution mentioned in division (B)(12) of | 624 |
| section 5739.02 of the Revised
Code, |
625 |
| governmental agency, or
|
626 |
| activities, the purchase of United States or Ohio flags that are | 627 |
| donated to schools, youth groups, or other bona fide nonprofit | 628 |
| organizations, promotion of
patriotism, or disaster relief; |
629 |
| 630 | |
| 631 |
| (c)A
fraternal organization that |
632 |
| 633 | |
| profit exclusively for religious, charitable, scientific, | 634 |
| literary, or educational purposes, or for the prevention of | 635 |
| cruelty to children or animals, and contributions for such use | 636 |
| would qualify as a deductible charitable contribution under | 637 |
| subsection 170 of the Internal
Revenue Code; |
638 |
| 639 |
| (d)A
volunteer |
640 |
| 641 | |
| purposes set forth in division (L) of this section. | 642 |
| (2)"Charitable purpose" also means that the net profit of | 643 |
| bingo described in division (S)(2) of this section, whether or not | 644 |
| played in conjunction with bingo described in division (S)(1) of | 645 |
| this section, is used, or is given, donated, or otherwise | 646 |
| transferred, in the following manner in the percentages indicated: | 647 |
| (a) Not less than fifty-five per cent of the net profit is | 648 |
| used for one or more of the charitable purposes listed in division | 649 |
| (Z)(1) of this section; | 650 |
| (b) Not more than forty-five per cent of the net profit is | 651 |
| used by, or is given, donated, or otherwise transferred to, a | 652 |
| charitable organization that is exempt from federal income | 653 |
| taxation under subsection 501(a) and described in subsection | 654 |
| 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 655 |
| Revenue Code. | 656 |
| (AA) "Internal Revenue Code" means the "Internal Revenue Code | 657 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 658 |
| amended. | 659 |
| (BB) "Youth athletic organization" means any organization, | 660 |
| not organized for profit, that is organized and operated | 661 |
| exclusively to provide financial support to, or to operate, | 662 |
| athletic activities for persons who are twenty-one years of age or | 663 |
| younger by means of sponsoring, organizing, operating, or | 664 |
| contributing to the support of an athletic team, club, league, or | 665 |
| association. | 666 |
| (CC) "Youth athletic park organization" means any | 667 |
| organization, not organized for profit, that satisfies both of the | 668 |
| following: | 669 |
| (1) It owns, operates, and maintains playing fields that | 670 |
| satisfy both of the following: | 671 |
| (a) The playing fields are used at least one hundred days | 672 |
| per year for athletic activities by one or more organizations, not | 673 |
| organized for profit, each of which is organized and operated | 674 |
| exclusively to provide financial support to, or to operate, | 675 |
| athletic activities for persons who are eighteen years of age or | 676 |
| younger by means of sponsoring, organizing, operating, or | 677 |
| contributing to the support of an athletic team, club, league, or | 678 |
| association. | 679 |
| (b) The playing fields are not used for any profit-making | 680 |
| activity at any time during the year. | 681 |
| (2) It uses the
proceeds of |
682 |
| exclusively for the operation, maintenance, and improvement of its | 683 |
| playing fields of the type described in division (CC)(1) of this | 684 |
| section. | 685 |
| (DD) "Amateur athletic organization" means any organization, | 686 |
| not organized for profit, that is organized and operated | 687 |
| exclusively to provide financial support to, or to operate, | 688 |
| athletic activities for persons who are training for amateur | 689 |
| athletic competition that is sanctioned by a national governing | 690 |
| body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 691 |
| 3045, 36 U.S.C.A. 373. | 692 |
| (EE)"Bingo supplies" means bingo cards or sheets, instant | 693 |
| bingo tickets or cards, raffle tickets, punch boards, seal cards, | 694 |
| instant bingo ticket dispensers, and devices for selecting or | 695 |
| displaying the combination of bingo letters and numbers or raffle | 696 |
| tickets. Items that are "bingo supplies" are not gambling devices | 697 |
| if sold or otherwise provided, and used, in accordance with this | 698 |
| chapter. | 699 |
| (FF) "Instant bingo" means a form of bingo that uses folded | 700 |
| or banded tickets or paper cards with perforated break-open tabs, | 701 |
| a face of which is covered or otherwise hidden from view to | 702 |
| conceal a number, letter, or symbol, or set of numbers, letters, | 703 |
| or symbols, some of which have been designated in advance as prize | 704 |
| winners. "Instant bingo" does not include any device activated by | 705 |
| the insertion of a coin, currency, or an equivalent of either that | 706 |
| contains as one of its components a video display monitor that is | 707 |
| capable of displaying numbers, letters, symbols, or characters in | 708 |
| winning or losing combinations. | 709 |
| (GG) "Seal card" means a ticket or card used in conjunction | 710 |
| with instant bingo tickets or cards that contains one or more | 711 |
| seals that, when removed or opened, reveal predesignated winning | 712 |
| numbers, letters, or symbols. | 713 |
| (HH) "Raffle" means a form of bingo in which the one or more | 714 |
| prizes are won by one or more persons who have purchased a raffle | 715 |
| ticket. The one or more winners of the raffle are determined by | 716 |
| drawing a ticket stub or other detachable section from a | 717 |
| receptacle containing ticket stubs or detachable sections | 718 |
| corresponding to all tickets sold for the raffle. | 719 |
| (II) "Punch board" means a board containing a number of holes | 720 |
| or receptacles of uniform size in which are placed, mechanically | 721 |
| and randomly, serially numbered slips of paper that may be punched | 722 |
| or drawn from the hole or receptacle when used in conjunction with | 723 |
| instant bingo. A player may punch or draw the numbered slips of | 724 |
| paper from the holes or receptacles and obtain the prize | 725 |
| established for the game if the number drawn corresponds to a | 726 |
| winning number or, if the punch board includes the use of a seal | 727 |
| card, a potential winning number. | 728 |
| (JJ) "Gross profit" means gross receipts minus the amount | 729 |
| actually expended for the payment of prize awards. | 730 |
| (KK) "Net profit" means gross profit minus expenses. | 731 |
| (LL) "Expenses" means the reasonable amount of gross profit | 732 |
| actually expended for all of the following: | 733 |
| (1) The purchase or lease of bingo supplies; | 734 |
| (2) The annual license fee required under section 2915.08 of | 735 |
| the Revised Code; | 736 |
| (3) Bank fees and service charges for a bingo session or game | 737 |
| account described in section 2915.10 of the Revised Code; | 738 |
| (4) Audits and accounting services; | 739 |
| (5) Safes; | 740 |
| (6) Cash registers; | 741 |
| (7) Hiring security peronnel; | 742 |
| (8) Advertising bingo; | 743 |
| (9) Renting premises in which to conduct bingo; | 744 |
| (10) Any other product or service directly related to the | 745 |
| conduct of bingo that is authorized in rules adopted by the | 746 |
| attorney general under division (B)(1) of section 2915.08 of the | 747 |
| Revised Code. | 748 |
| (MM) "Person" has the same meaning as in section 1.59 of the | 749 |
| Revised Code and includes any firm or any other legal entity, | 750 |
| however organized. | 751 |
| (NN) "Revoke" means to void permanently all rights and | 752 |
| privileges of the holder of a license issued under section | 753 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 754 |
| gaming license issued by another jurisdiction. | 755 |
| (OO) "Suspend" means to interrupt temporarily all rights and | 756 |
| privileges of the holder of a license issued under section | 757 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 758 |
| gaming license issued by another jurisdiction. | 759 |
| (PP) "Distributor" means any person who purchases or obtains | 760 |
| bingo supplies and who sells, offers for sale, or otherwise | 761 |
| provides or offers to provide the bingo supplies to another person | 762 |
| for use in this state. | 763 |
| (QQ) "Manufacturer" means any person who assembles completed | 764 |
| bingo supplies from raw materials, other items, or subparts or who | 765 |
| modifies, converts, adds to, or removes parts from bingo supplies | 766 |
| to further their promotion or sale. | 767 |
| (RR) "Gross annual revenues" means the annual gross receipts | 768 |
| derived from the conduct of bingo described in division (S)(1) of | 769 |
| this section plus the annual net profit derived from the conduct | 770 |
| of bingo described in division (S)(2) of this section. | 771 |
| (SS) "Instant bingo ticket dispenser" means a mechanical | 772 |
| device that dispenses an instant bingo ticket or card as the sole | 773 |
| item of value dispensed and that has or may have the following | 774 |
| characteristics: | 775 |
| (1) It is activated upon the insertion of United States | 776 |
| currency. | 777 |
| (2) It performs no gaming functions. | 778 |
| (3) It does not contain a video display monitor. | 779 |
| (4) It is not capable of displaying any numbers, letters, | 780 |
| symbols, or characters in winning or losing combinations. | 781 |
| (5) It does not simulate or display rolling or spinning | 782 |
| reels. | 783 |
| (6) It is incapable of determining whether a dispensed | 784 |
| bingo ticket or card is a winning or nonwinning ticket or card. | 785 |
| (7) It may provide accounting and security features to aid | 786 |
| in accounting for the instant bingo tickets or cards it dispenses. | 787 |
| Sec. 2915.02. (A) No person shall do any of the following: | 788 |
| (1) Engage in bookmaking, or knowingly engage in conduct | 789 |
| that facilitates bookmaking; | 790 |
| (2) Establish, promote, or operate or knowingly engage in | 791 |
| conduct that facilitates any
|
792 |
| for profit or any scheme of chance; | 793 |
| (3) Knowingly procure, transmit, exchange, or engage in | 794 |
| conduct that facilitates the procurement, transmission, or | 795 |
| exchange of information for use in establishing odds or | 796 |
| determining winners in connection with bookmaking or with any | 797 |
| 798 | |
| chance; | 799 |
| (4) Engage in betting or in playing any scheme or game of | 800 |
| chance |
801 |
| income or livelihood; | 802 |
| (5) With purpose to violate division (A)(1), (2), (3), or | 803 |
| (4) of this section, acquire, possess, control, or operate any | 804 |
| gambling device. | 805 |
| (B) For purposes of division (A)(1) of this section, a | 806 |
| person facilitates bookmaking if the person in any way knowingly | 807 |
| aids an illegal bookmaking operation, including, without | 808 |
| limitation, placing a bet with a person engaged in or facilitating | 809 |
| illegal bookmaking. For purposes of division (A)(2) of this | 810 |
| section, a person facilitates a
|
811 |
| for profit or a scheme of chance if the person in any way | 812 |
| knowingly aids in the conduct or
operation of any such |
813 |
| game or scheme, including, without limitation, playing any such | 814 |
| 815 |
| (C) This section does not prohibit conduct in connection | 816 |
| with gambling expressly permitted by law. | 817 |
| (D) This section does not apply to any of the following: | 818 |
| (1) |
819 |
| 820 | |
| 821 | |
| 822 | |
| 823 | |
| 824 | |
| 825 | |
| 826 | |
| 827 | |
| 828 | |
| 829 | |
| 830 | |
| 831 | |
| 832 | |
| 833 | |
| 834 |
| |
835 |
| (a) The games of chance are not craps for money, roulette | 836 |
| for money, or slot
machines |
837 |
| (b) The games of chance are conducted by a charitable | 838 |
| organization that is, and has received from the internal revenue | 839 |
| service a determination letter that is currently in effect, | 840 |
| stating that the organization is, exempt from federal income | 841 |
| taxation under subsection 501(a) and described in subsection | 842 |
| 501(c)(3) of the Internal Revenue
Code |
843 |
| (c) The games of chance are conducted at festivals of the | 844 |
| charitable organization that are conducted either for a period of | 845 |
| four consecutive days or less and not more than twice a year or | 846 |
| for a period of five consecutive days not more than once a year, | 847 |
| and are conducted on premises owned by the charitable organization | 848 |
| for a period of no less than one year immediately preceding the | 849 |
| conducting of the games of chance, on premises leased from a | 850 |
| governmental unit, or on premises that are leased from a veteran's | 851 |
| or fraternal organization and that have been owned by the lessor | 852 |
| veteran's or fraternal organization for a period of no less than | 853 |
| one year immediately preceding the conducting of the games of | 854 |
| chance. | 855 |
| A charitable organization shall not lease premises from a | 856 |
| veteran's or fraternal organization to conduct a festival | 857 |
| described in division
(D) |
858 |
| veteran's or fraternal organization already has leased the | 859 |
| premises four times during the preceding year to charitable | 860 |
| organizations for that purpose. If a charitable organization | 861 |
| leases premises from a veteran's or fraternal organization to | 862 |
| conduct a festival described in
division (D) |
863 |
| section, the charitable organization shall not pay a rental rate | 864 |
| for the premises per day of the festival that exceeds the rental | 865 |
| rate per bingo session that a charitable organization may pay | 866 |
| under division
|
867 |
| when it leases premises from another charitable organization to | 868 |
| conduct bingo games. | 869 |
| (d) All of the money or assets received from the games of | 870 |
| chance after deduction only of prizes paid out during the conduct | 871 |
| of the games of chance are used by, or given, donated, or | 872 |
| otherwise transferred to, any organization that is described in | 873 |
| subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 874 |
| Revenue Code and is either a governmental unit or an organization | 875 |
| that is tax exempt under subsection 501(a) and described in | 876 |
| subsection 501(c)(3) of the Internal Revenue Code; | 877 |
| (e) The games of chance are not conducted during, or within | 878 |
| ten hours of, a bingo game conducted for amusement purposes only | 879 |
| pursuant to section 2915.12 of the Revised Code. | 880 |
| No person shall receive any commission, wage, salary, reward, | 881 |
| tip, donation, gratuity, or other form of compensation, directly | 882 |
| or indirectly, for operating or assisting in the operation of any | 883 |
| 884 |
| |
885 |
| issued under section 1533.92 of the Revised Code, as "tag fishing | 886 |
| tournament" is defined in section 1531.01 of the Revised Code; | 887 |
| (3) Bingo conducted by a charitable organization that holds | 888 |
| a license issued under section 2915.08 of the Revised Code. | 889 |
| (E) Division (D) of this section shall not be construed to | 890 |
| authorize the sale, lease, or other temporary or permanent | 891 |
| transfer of the right to conduct
|
892 |
| chance, as granted by that
division |
893 |
| charitable organization that is granted that right. | 894 |
| (F) Whoever violates this section is guilty of gambling, a | 895 |
| misdemeanor of the first degree. If the offender previously has | 896 |
| been convicted of any gambling offense, gambling is a felony of | 897 |
| the fifth degree. | 898 |
| Sec. 2915.05. (A) No person, with purpose to defraud or | 899 |
| knowing that the person is facilitating a fraud, shall engage in | 900 |
| conduct designed to corrupt the outcome of any of the following: | 901 |
| (1) The subject of a bet; | 902 |
| (2) A contest of knowledge, skill, or endurance that is not | 903 |
| an athletic or sporting event; | 904 |
| (3) A scheme or game of chance; | 905 |
| (4) Bingo. | 906 |
| (B) No person shall knowingly do any of the following: | 907 |
| (1) Offer, give, solicit, or accept anything of value to | 908 |
| corrupt the outcome of an athletic or sporting event; | 909 |
| (2) Engage in conduct designed to corrupt the outcome of an | 910 |
| athletic or sporting event. | 911 |
| (C)(1) Whoever violates division (A) of this section is | 912 |
| guilty of
cheating |
913 |
| division, cheating is a misdemeanor of the first degree. If the | 914 |
| potential gain from the cheating is five hundred dollars or more | 915 |
| or if the offender previously has been convicted of any gambling | 916 |
| offense or of any theft offense, as defined in section 2913.01 of | 917 |
| the Revised Code, cheating is a felony of the fifth degree. | 918 |
| (2) Whoever violates division (B) of this section is guilty | 919 |
| of corrupting sports. Corrupting sports is a felony of the fifth | 920 |
| degree on a first offense and a felony of the fourth degree on | 921 |
| each subsequent offense. | 922 |
| Sec. 2915.07. (A) No person, except a charitable | 923 |
| organization that has obtained a
|
924 |
| 2915.08 of the Revised Code,
shall conduct or advertise |
925 |
| 926 | |
| organization conducts or advertises. | 927 |
| (B) Whoever violates
this section is guilty of conducting |
928 |
| illegal bingo
|
929 |
| Sec. 2915.08. (A)(1) Annually before the first day of | 930 |
| January, a charitable organization that desires to conduct bingo | 931 |
| 932 | |
| form to be furnished by the attorney general for that purpose, an | 933 |
| application for a license to conduct bingo and deliver that | 934 |
| application to the attorney
general together with a license fee |
935 |
| 936 |
| (a) Two
hundred fifty dollars |
937 |
| organization whose gross annual revenues are three hundred | 938 |
| thousand dollars or less; | 939 |
| (b) Five hundred dollars for a charitable organization whose | 940 |
| gross annual revenues exceed three hundred thousand dollars but do | 941 |
| not exceed six hundred thousand dollars; | 942 |
| (c) One thousand dollars for a charitable organization whose | 943 |
| gross annual revenues exceed six hundred thousand dollars but do | 944 |
| not exceed one million dollars; | 945 |
| (d) Two thousand dollars for a charitable organization whose | 946 |
| gross annual revenues exceed one million dollars; | 947 |
| (e) A reduced license fee established by the attorney | 948 |
| general pursuant to division (G)
of this section. |
949 |
| (2) The application shall be in the form prescribed by the | 950 |
| attorney general
|
951 |
| applicant |
952 |
| |
953 |
| |
954 |
| |
955 |
| organization and that it has been in continuous existence as a | 956 |
| charitable organization in this state for two years immediately | 957 |
| preceding the making of the application or for five years in the | 958 |
| case of a |
959 |
| organization; | 960 |
| |
961 |
| 962 | |
| the principal place of business of the applicant is located, the | 963 |
| days of the week and the times on
each of those days when |
964 |
| 965 | |
| or subleases the premises, and a copy of the rental agreement if | 966 |
| it leases or subleases the premises; | 967 |
| |
968 |
| record, and association that is sufficient to establish that the | 969 |
| applicant is a charitable organization, and a copy of a | 970 |
| determination letter that is issued by the Internal Revenue | 971 |
| Service and states that the organization is tax exempt under | 972 |
| subsection 501(a) and described in subsection 501(c)(3), | 973 |
| 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 974 |
| Revenue Code; | 975 |
| |
976 |
| any previous application refused, whether it previously has had a | 977 |
| license revoked or suspended, and the reason stated by the | 978 |
| attorney general for the refusal, revocation, or suspension; | 979 |
| |
980 |
| which the |
981 |
| |
982 |
| attorney general may require by rule adopted pursuant to section | 983 |
| 111.15 of the Revised Code; | 984 |
| |
985 |
| section 109.23 of the Revised Code, a statement as to whether it | 986 |
| has registered with the attorney general pursuant to section | 987 |
| 109.26 of the Revised Code or filed annual reports pursuant to | 988 |
| section 109.31 of the Revised Code, and, if it is not required to | 989 |
| do either, the exemption in section 109.26 or 109.31 of the | 990 |
| Revised Code that applies to it; | 991 |
| |
992 |
| defined in section 1716.01 of the Revised Code, a statement as to | 993 |
| whether it has filed with the attorney general a registration | 994 |
| statement pursuant to section 1716.02 of the Revised Code and a | 995 |
| financial report pursuant to section 1716.04 of the Revised Code, | 996 |
| and, if it is not required to do both, the exemption in section | 997 |
| 1716.03 of the Revised Code that applies to it; | 998 |
| |
999 |
| youth athletic park organization
|
1000 |
| 1001 | |
| vested with authority under Chapter 755. of the Revised Code for | 1002 |
| the supervision and maintenance of recreation facilities in the | 1003 |
| territory in which the organization is located, certifying that | 1004 |
| the playing fields owned by the organization were used for at | 1005 |
| least one hundred days during the year in which the statement is | 1006 |
| issued, and were open for use to all residents of that territory, | 1007 |
| regardless of race, color, creed, religion, sex, or national | 1008 |
| origin, for athletic activities
by youth athletic organizations |
1009 |
| 1010 | |
| 1011 | |
| religion, sex, or national origin, and that the fields were not | 1012 |
| used for any profit-making activity at any time during the year. | 1013 |
| That type of board or body is authorized to issue the statement | 1014 |
| upon request and shall issue the statement if it finds that the | 1015 |
| applicant's playing fields were so used. | 1016 |
| (3) The attorney general, within thirty days after receiving | 1017 |
| a timely filed application from a charitable organization that has | 1018 |
| been issued a
|
1019 |
| expired and has not been revoked or suspended, shall send a | 1020 |
| temporary permit to the applicant specifying the date on which the | 1021 |
| application was filed with the attorney general and stating that, | 1022 |
| pursuant to section 119.06 of the Revised Code, the applicant may | 1023 |
| continue to conduct bingo
|
1024 |
| if the application is rejected, until fifteen days after notice of | 1025 |
| the rejection is mailed to the applicant. The temporary permit | 1026 |
| does not affect the validity of the applicant's application and | 1027 |
| does not grant any rights to the applicant except those rights | 1028 |
| specifically granted in section 119.06 of the Revised Code. The | 1029 |
| issuance of a temporary permit by the attorney general pursuant to | 1030 |
| this
|
1031 |
| from rejecting the applicant's application because of acts that | 1032 |
| the applicant committed, or actions that the applicant failed to | 1033 |
| take, before or after the issuance of the temporary permit. | 1034 |
| (B)(1) The attorney general shall adopt rules to enforce | 1035 |
| sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised | 1036 |
| Code to ensure that bingo
|
1037 |
| with those
sections |
1038 |
| conduct of bingo
|
1039 |
| to
|
1040 |
| be adopted pursuant to Chapter 119. of the Revised Code. The | 1041 |
| attorney general shall license charitable organizations to conduct | 1042 |
| bingo |
1043 |
| licensing provisions of Chapter 119. of the Revised Code. | 1044 |
| (2) The attorney
general may refuse to grant a |
1045 |
| to any organization, or revoke or suspend the license of any | 1046 |
| organization, that does any of the following or to which any of | 1047 |
| the following applies: | 1048 |
| (a) Fails or has failed at any time to meet any requirement | 1049 |
| of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 1050 |
| 2915.11 of the Revised Code, or violates or has violated any | 1051 |
| provision of sections 2915.02 or 2915.07 to 2915.12 of the Revised | 1052 |
| Code or any rule adopted by the attorney general pursuant to this | 1053 |
| section; | 1054 |
| (b) Makes or has made an incorrect or false statement that | 1055 |
| is material to the granting of the license in an application filed | 1056 |
| pursuant to division (A) of this section; | 1057 |
| (c) Submits or has submitted any incorrect or false | 1058 |
| information relating to an application if the information is | 1059 |
| material to the granting of the license; | 1060 |
| (d) Maintains or has maintained any incorrect or false | 1061 |
| information that is material to the granting of the license in the | 1062 |
| records required to be kept
pursuant to |
1063 |
| (C) of section 2915.10 of the Revised Code, if applicable; | 1064 |
| (e) The attorney general has good cause to believe that the | 1065 |
| organization will not
conduct |
1066 |
| sections |
1067 |
| with any rule adopted by the attorney general pursuant to this | 1068 |
| section. | 1069 |
| (3) For the purposes
of |
1070 |
| any action of an officer, trustee, agent, representative, or bingo | 1071 |
| game operator of an organization is an action of the organization. | 1072 |
| (C) The attorney
general may grant |
1073 |
| charitable organizations that are branches, lodges, or chapters of | 1074 |
| national charitable organizations. | 1075 |
| (D) The attorney general shall send notice in writing to the | 1076 |
| prosecuting attorney and sheriff of the county in which the | 1077 |
| organization will conduct
|
1078 |
| application for a license or amended license, and to any other law | 1079 |
| enforcement agency in that county that so requests, of all of the | 1080 |
| following: | 1081 |
| (1) The issuance of the license; | 1082 |
| (2) The issuance of the amended license; | 1083 |
| (3) The rejection of an application for and refusal to grant | 1084 |
| a license; | 1085 |
| (4) The revocation of any license previously issued; | 1086 |
| (5) The suspension of any license previously issued. | 1087 |
| (E) A
|
1088 |
| forth the information contained on the application of the | 1089 |
| charitable organization that the attorney general determines is | 1090 |
| relevant, including, but not limited to, the location at which the | 1091 |
| organization will conduct
|
1092 |
| and the times on each of those
days when |
1093 |
| conducted. If the attorney general refuses to grant or revokes or | 1094 |
| suspends a |
1095 |
| applicant in writing and specifically identify the reason for the | 1096 |
| refusal, revocation, or suspension in narrative form and, if | 1097 |
| applicable, by identifying the section of the Revised Code | 1098 |
| violated. The failure of the attorney general to give the written | 1099 |
| notice of the reasons for the refusal, revocation, or suspension | 1100 |
| or a mistake in the written notice does not affect the validity of | 1101 |
| the attorney general's refusal to grant, or the revocation or | 1102 |
| suspension of, a
|
1103 |
| give the written notice or if there is a mistake in the written | 1104 |
| notice, the applicant may bring an action to compel the attorney | 1105 |
| general to comply with this division or to correct the mistake, | 1106 |
| but the attorney general's order refusing to grant, or revoking or | 1107 |
| suspending, a
|
1108 |
| pendency of the action. | 1109 |
| (F) A charitable
organization that has been issued a |
1110 |
| license pursuant to division (B) of this section but that cannot | 1111 |
| conduct bingo
|
1112 |
| or the time, specified on the license due to circumstances beyond | 1113 |
| its control may apply, without charge, in writing to the attorney | 1114 |
| general for an amended
|
1115 |
| describe in detail the causes making it impossible for the | 1116 |
| organization to conduct
|
1117 |
| license and shall indicate the location, days of the week, and | 1118 |
| times on each of those days when
it desires to conduct |
1119 |
| 1120 | |
| amended license, the attorney general shall issue the amended | 1121 |
| license in accordance with division (E) of this section, and the | 1122 |
| organization shall surrender its original license to the attorney | 1123 |
| general. The attorney general shall refuse to grant an | 1124 |
| application for an amended
|
1125 |
| division (B) of this section. | 1126 |
| (G) The attorney general, by rule adopted pursuant to | 1127 |
| section 111.15 of the Revised Code, shall establish a schedule of | 1128 |
| reduced license fees for charitable organizations that desire to | 1129 |
| conduct bingo
|
1130 |
| calendar year. | 1131 |
| (H)A charitable organization that has been issued a license | 1132 |
| under this section may request the attorney general to provide it | 1133 |
| with an explanation of a particular provision of this chapter, or | 1134 |
| of Chapter 4301. or 4303. of the Revised Code, that pertains to | 1135 |
| the attorney general's authority and potential enforcement actions | 1136 |
| under that provision. If the attorney general receives a request | 1137 |
| under this division for such an explanation, the attorney general | 1138 |
| shall provide the explanation verbally or in writing to the | 1139 |
| charitable organization that requested it. | 1140 |
| Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 1141 |
| or otherwise provide or offer to provide bingo supplies to another | 1142 |
| person for use in this state without having obtained a license | 1143 |
| from the attorney general under this section. | 1144 |
| (B) The attorney general may issue a distributor license to | 1145 |
| any person that meets the requirements of this section. The | 1146 |
| application for the license shall be on a form prescribed by the | 1147 |
| attorney general and be accompanied by the annual fee prescribed | 1148 |
| by this section. The license is valid for a period of one year, | 1149 |
| and the annual fee for the license is two thousand five hundred | 1150 |
| dollars. | 1151 |
| (C) The attorney general may refuse to issue a distributor | 1152 |
| license to any person to which any of the following applies, or to | 1153 |
| any person that has an officer, partner, or other person who has | 1154 |
| an ownership interest of ten per cent or more and to whom any of | 1155 |
| the following applies: | 1156 |
| (1) The person, officer, or partner has been convicted of a | 1157 |
| felony under the laws of this state, another state, or the United | 1158 |
| States. | 1159 |
| (2) The person, officer, or partner has been convicted of any | 1160 |
| gambling offense. | 1161 |
| (3) The person, officer, or partner has made an incorrect or | 1162 |
| false statement that is material to the granting of a license in | 1163 |
| an application submitted to the attorney general under this | 1164 |
| section or in a similar application submitted to a gambling | 1165 |
| licensing authority in another jurisdiction if the statement | 1166 |
| resulted in license revocation through administrative action in | 1167 |
| the other jurisdiction. | 1168 |
| (4) The person, officer, or partner has submitted any | 1169 |
| incorrect or false information relating to the application to the | 1170 |
| attorney general under this section, if the information is | 1171 |
| material to the granting of the license. | 1172 |
| (5) The person, officer, or partner has failed to correct any | 1173 |
| incorrect or false information that is material to the granting of | 1174 |
| the license in the records required to be maintained under | 1175 |
| division (E) of section 2915.10 of the Revised Code. | 1176 |
| (6) The person, officer, or partner has had a license related | 1177 |
| to gambling revoked or suspended under the laws of this state, | 1178 |
| another state, or the United States. | 1179 |
| (D) The attorney general shall not issue a distributor | 1180 |
| license to any person that is involved in the conduct of bingo on | 1181 |
| behalf of a charitable organization or that is a lessor of | 1182 |
| premises used for the conduct of bingo. | 1183 |
| (E)(1) No distributor shall sell, offer to sell, or otherwise | 1184 |
| provide or offer to provide bingo supplies to any person for use | 1185 |
| in this state except to a charitable organization that has been | 1186 |
| issued a license under section 2915.08 of the Revised Code or to | 1187 |
| another distributor that has been issued a license under this | 1188 |
| section. Except as otherwise provided in division (E)(1) of this | 1189 |
| section, no distributor shall accept payment for the sale or other | 1190 |
| provision of bingo supplies other than by check. | 1191 |
| A supplying distributor must receive a payment by check not | 1192 |
| later than forty-five days after the date the supplying | 1193 |
| distributor ships bingo supplies to a charitable organization or | 1194 |
| other distributor. If a charitable organization or other | 1195 |
| distributor fails to pay a supplying distributor within that | 1196 |
| period, the supplying distributor shall notify the attorney | 1197 |
| general. The attorney general then shall notify all distributors | 1198 |
| that, until further notice, the delinquent charitable organization | 1199 |
| or delinquent distributor shall purchase or lease bingo supplies | 1200 |
| from them only by payment by certified check or money order. | 1201 |
| (2) No distributor shall provide a charitable organization | 1202 |
| with free samples of instant bingo tickets or cards, punch boards, | 1203 |
| or seal cards. | 1204 |
| (3) No distributor shall purchase bingo supplies for use in | 1205 |
| this state from any person except from a manufacturer issued a | 1206 |
| license under section 2915.082 of the Revised Code or from another | 1207 |
| distributor issued a license under this section. Except as | 1208 |
| otherwise provided in division (E)(3) of this section, no | 1209 |
| distributor shall pay for purchased bingo supplies other than by | 1210 |
| check. | 1211 |
| A supplying manufacturer or distributor must receive a | 1212 |
| payment by check not later than forty-five days after the date the | 1213 |
| supplying manufacturer or distributor ships bingo supplies to a | 1214 |
| purchasing distributor. If a purchasing distributor fails to pay | 1215 |
| a supplying manufacturer or distributor within that period, the | 1216 |
| supplying manufacturer or distributor shall notify the attorney | 1217 |
| general. The attorney general then shall notify all manufacturers | 1218 |
| and distributors that, until further notice, the delinquent | 1219 |
| distributor shall purchase bingo supplies from them only by cash | 1220 |
| payment by certified check or money order. | 1221 |
| (F) The attorney general may suspend or revoke a distributor | 1222 |
| license for any of the reasons for which the attorney general may | 1223 |
| refuse to issue a distributor license specified in division (C) of | 1224 |
| this section or if the distributor holding the license violates | 1225 |
| any provision of this chapter or any rule adopted by the attorney | 1226 |
| general under this chapter. | 1227 |
| (G) Whoever violates division (A) or (E) of this section is | 1228 |
| guilty of illegally operating as a distributor. Except as | 1229 |
| otherwise provided in this division, illegally operating as a | 1230 |
| distributor is a misdemeanor of the first degree. If the offender | 1231 |
| previously has been convicted of a violation of division (A) or | 1232 |
| (E) of this section, illegally operating as a distributor is a | 1233 |
| felony of the fifth degree. | 1234 |
| Sec. 2915.082. (A) No manufacturer shall sell, offer to | 1235 |
| sell, or otherwise provide or offer to provide bingo supplies for | 1236 |
| use in this state without having obtained a license from the | 1237 |
| attorney general under this section. | 1238 |
| (B) The attorney general may issue a manufacturer license to | 1239 |
| any person that meets the requirements of this section. The | 1240 |
| application for the license shall be on a form prescribed by the | 1241 |
| attorney general and be accompanied by the annual fee prescribed | 1242 |
| by this section. The license is valid for a period of one year, | 1243 |
| and the annual fee for the license is two thousand five hundred | 1244 |
| dollars. | 1245 |
| (C) The attorney general may refuse to issue a manufacturer | 1246 |
| license to any person to which any of the following applies, or to | 1247 |
| any person that has an officer, partner, or other person who has | 1248 |
| an ownership interest of ten per cent or more and to whom any of | 1249 |
| the following applies: | 1250 |
| (1) The person, officer, or partner has been convicted of a | 1251 |
| felony under the laws of this state, another state, or the United | 1252 |
| States. | 1253 |
| (2) The person, officer, or partner has been convicted of any | 1254 |
| gambling offense. | 1255 |
| (3) The person, officer, or partner has made an incorrect or | 1256 |
| false statement that is material to the granting of a license in | 1257 |
| an application submitted to the attorney general under this | 1258 |
| section or in a similar application submitted to a gambling | 1259 |
| licensing authority in another jurisdiction if the statement | 1260 |
| resulted in license revocation through administrative action in | 1261 |
| the other jurisdiction. | 1262 |
| (4) The person, officer, or partner has submitted any | 1263 |
| incorrect or false information relating to the application to the | 1264 |
| attorney general under this section, if the information is | 1265 |
| material to the granting of the license. | 1266 |
| (5) The person, officer, or partner has failed to correct any | 1267 |
| incorrect or false information that is material to the granting of | 1268 |
| the license in the records required to be maintained under | 1269 |
| division (F) of section 2915.10 of the Revised Code. | 1270 |
| (6) The person, officer, or partner has had a license related | 1271 |
| to gambling revoked or suspended under the laws of this state, | 1272 |
| another state, or the United States. | 1273 |
| (D) No manufacturer shall sell, offer to sell, or otherwise | 1274 |
| provide or offer to provide bingo supplies to any person for use | 1275 |
| in this state except to a distributor that has been issued a | 1276 |
| license under section 2915.081 of the Revised Code. Except as | 1277 |
| otherwise provided in this division, no manufacturer shall accept | 1278 |
| payment for the sale of bingo supplies other than by check. | 1279 |
| A manufacturer must receive a payment by check not later than | 1280 |
| forty-five days after the date the manufacturer ships the bingo | 1281 |
| supplies to a distributor. If the distributor fails to pay the | 1282 |
| manufacturer within that period, the manufacturer shall notify the | 1283 |
| attorney general. The attorney general then shall notify all | 1284 |
| manufacturers that, until further notice, the delinquent | 1285 |
| distributor shall purchase bingo supplies from them only by | 1286 |
| payment by certified check or money order. | 1287 |
| (E) The attorney general may suspend or revoke a manufacturer | 1288 |
| license for any of the reasons for which the attorney general may | 1289 |
| refuse to issue a manufacturer license specified in division (C) | 1290 |
| of this section or if the manufacturer holding the license | 1291 |
| violates any provision of this chapter or any rule adopted by the | 1292 |
| attorney general under this chapter. | 1293 |
| (F) Whoever violates division (A) or (D) of this section is | 1294 |
| guilty of illegally operating as a manufacturer. Except as | 1295 |
| otherwise provided in this division, illegally operating as a | 1296 |
| manufacturer is a misdemeanor of the first degree. If the | 1297 |
| offender previously has been convicted of a violation of division | 1298 |
| (A) or (D) of this section, illegally operating as a manufacturer | 1299 |
| is a felony of the fifth degree. | 1300 |
| Sec. 2915.09.
(A) |
1301 |
| 1302 |
| (1) Own all of the
equipment used to conduct |
1303 |
| or lease that equipment from a charitable organization that is | 1304 |
| licensed to conduct
|
1305 |
| more than is customary and reasonable for that equipment; | 1306 |
| (2) Use all of the
gross receipts from |
1307 |
| paying prizes, for |
1308 |
| 1309 | |
| for purchasing or leasing bingo
|
1310 |
| used in conducting
|
1311 |
| 1312 | |
| other expenses listed in division (LL) of section 2915.01 of the | 1313 |
| Revised Code, provided that the amount of the receipts so spent is | 1314 |
| not more than is customary and reasonable for a similar purchase, | 1315 |
| lease, hiring,
|
1316 |
| 1317 | |
| building in which |
1318 |
| charitable organization
conducting |
1319 |
| a form of bingo described in division (S)(1) of section 2915.01 of | 1320 |
| the Revised Code, the charitable organization may deduct from the | 1321 |
| total amount of the gross receipts from each session a sum equal | 1322 |
| to the lesser of six hundred dollars or forty-five per cent of the | 1323 |
| gross receipts from the
|
1324 |
| as consideration for the use of
the premises |
1325 |
| organization conducts bingo described in division (S)(2) of | 1326 |
| section 2915.01 of the Revised Code, but not simultaneously with | 1327 |
| any bingo described in division (S)(1) of that section, it may | 1328 |
| deduct a sum of no more than five per cent of the gross receipts | 1329 |
| as consideration for the use of the premises. | 1330 |
| (3)
|
1331 |
| of the net profit derived from bingo for a charitable purpose | 1332 |
| listed in its license application and described in division (Z) of | 1333 |
| section 2915.01 of the Revised Code. | 1334 |
| (B) No charitable organization that conducts a bingo game | 1335 |
| described in division (S)(1) of section 2915.01 of the Revised | 1336 |
| Code shall fail to do any of the following: | 1337 |
| (1) Conduct the bingo game on premises that are owned by the | 1338 |
| charitable organization, on premises that are owned by another | 1339 |
| charitable organization and leased from that charitable | 1340 |
| organization for a rental rate
not in excess of |
1341 |
| six hundred
|
1342 |
| of the gross receipts of the bingo session, on premises that are | 1343 |
| leased from a person other than a charitable organization for a | 1344 |
| rental rate that is not more than is customary and reasonable for | 1345 |
| premises that are similar in location, size, and quality but not | 1346 |
| in excess of four hundred fifty dollars per bingo session, or on | 1347 |
| premises that are owned by a person other than a charitable | 1348 |
| organization, that are leased from that person by another | 1349 |
| charitable organization, and that are subleased from that other | 1350 |
| charitable organization by the charitable organization for a | 1351 |
| rental rate not in excess of four hundred fifty dollars per bingo | 1352 |
| session. If the charitable organization leases from a person | 1353 |
| other than a charitable organization the premises on which it | 1354 |
| conducts bingo
|
1355 |
| provide only the premises to the organization and shall not | 1356 |
| provide the organization with bingo game operators, security | 1357 |
| personnel, concessions or
concession operators, bingo |
1358 |
| supplies, or any other type of service or equipment. A charitable | 1359 |
| organization shall not lease or sublease premises that it owns or | 1360 |
| leases to more than one other charitable organization per calendar | 1361 |
| week for the purpose of
conducting bingo |
1362 |
| premises. A person that is not a charitable organization shall | 1363 |
| not lease premises that it owns, leases, or otherwise is empowered | 1364 |
| to lease to more than one charitable organization per calendar | 1365 |
| week for conducting bingo
|
1366 |
| case shall more than two bingo sessions be conducted on any | 1367 |
| premises in any calendar week. | 1368 |
| |
1369 |
| 1370 |
| |
1371 |
| definition of bingo set forth in division (S)(1) of section | 1372 |
| 2915.01 of the Revised Code. | 1373 |
| |
1374 |
| game described in division (S)(1) of section 2915.01 of the | 1375 |
| Revised Code shall
|
1376 |
| (1) Pay any compensation to a bingo game operator for | 1377 |
| operating a bingo
|
1378 |
| organization or for preparing, selling, or serving food or | 1379 |
| beverages at the site of the
bingo |
1380 |
| auxiliary unit or society of the charitable organization to pay | 1381 |
| compensation to any bingo game operator who prepares, sells, or | 1382 |
| serves food or beverages at a bingo session conducted by the | 1383 |
| charitable organization, or permit any auxiliary unit or society | 1384 |
| of the charitable organization to prepare, sell, or serve food or | 1385 |
| beverages at a bingo session conducted by the charitable | 1386 |
| organization, if the auxiliary unit or society pays any | 1387 |
| compensation to the bingo game operators who prepare, sell, or | 1388 |
| serve the food or beverages; | 1389 |
| (2) Pay consulting fees to any person for any services | 1390 |
| performed in relation to the
bingo |
1391 |
| (3) Pay concession fees to any person who provides | 1392 |
| refreshments to the participants
in the bingo |
1393 |
| (4)
|
1394 |
| of this section, conduct more than two bingo sessions in any | 1395 |
| seven-day period. |
1396 |
| firefighter's organization or a volunteer rescue service | 1397 |
| organization that conducts not more than five bingo sessions in a | 1398 |
| calendar year may conduct more than two bingo sessions in a | 1399 |
| seven-day period after notifying the attorney general when it will | 1400 |
| conduct the
sessions |
1401 |
| (5) Pay out more than three thousand five hundred dollars in | 1402 |
| prizes during any bingo session that is conducted by the | 1403 |
| charitable organization; | 1404 |
| (6) Conduct a bingo session at any time during the ten-hour | 1405 |
| period between midnight and ten a.m., at any time during, or | 1406 |
| within ten hours of, a bingo game conducted for amusement only | 1407 |
| pursuant to section 2915.12 of
the Revised Code, at any |
1408 |
| premises not specified on
its |
1409 |
| week or during any time period
not specified on its |
1410 |
| If circumstances beyond its control make it impossible for the | 1411 |
| charitable organization to
conduct a bingo session at the |
1412 |
| premises specified on its
|
1413 |
| organization wants to conduct bingo sessions on a day of the week | 1414 |
| or at a time other than the day
or time specified on its |
1415 |
| license, the charitable organization may apply in writing to the | 1416 |
| attorney general for an amended
|
1417 |
| division (F) of section 2915.08 of the Revised Code. A charitable | 1418 |
| organization may apply
|
1419 |
| an amended license to conduct bingo sessions on a day of the week | 1420 |
| or at a time other than the day
or time specified on its |
1421 |
| license. If the amended license is granted, the organization may | 1422 |
| conduct bingo sessions at the
|
1423 |
| week, and at the time specified on its amended license. | 1424 |
| (7) Permit any person whom the charitable organization | 1425 |
| knows, or should have known, is under the age of eighteen to work | 1426 |
| as a bingo game operator; | 1427 |
| (8) Permit any person whom the charitable organization | 1428 |
| knows, or should have known, has been convicted of a felony or | 1429 |
| gambling offense in any jurisdiction to be a bingo game operator; | 1430 |
| (9) Permit the lessor of the premises on which the bingo | 1431 |
| session is conducted, if the lessor is not a charitable | 1432 |
| organization, to provide the charitable organization with bingo | 1433 |
| game operators, security
personnel, concessions, bingo |
1434 |
| supplies, or any other type of service or equipment; | 1435 |
| (10) Purchase or lease bingo supplies from any person | 1436 |
| except a distributor issued a license under section 2915.081 of | 1437 |
| the Revised Code. | 1438 |
| |
1439 |
| charitable organization shall provide to a bingo game operator, | 1440 |
| and no bingo game operator
shall |
1441 |
| commission, wage, salary, reward, tip, donation, gratuity, or | 1442 |
| other form of compensation, directly or indirectly, regardless of | 1443 |
| the source, for |
1444 |
| other work or labor at the site
of |
1445 |
| does not prohibit an employee of a fraternal organization or | 1446 |
| veteran's organization from selling instant bingo tickets or cards | 1447 |
| to the organization's members, as long as no portion of the | 1448 |
| employee's compensation is paid from any receipts of bingo. | 1449 |
| |
1450 |
| section, a charitable organization that, prior to December 6, | 1451 |
| 1977, has entered into written agreements for the lease of | 1452 |
| premises it owns to another charitable organization or other | 1453 |
| charitable organizations for the conducting of bingo sessions so | 1454 |
| that more than two bingo sessions are conducted per calendar week | 1455 |
| on the premises, and a person that is not a charitable | 1456 |
| organization and that, prior to December 6, 1977, has entered into | 1457 |
| written agreements for the lease of premises it owns to charitable | 1458 |
| organizations for the conducting of more than two bingo sessions | 1459 |
| per calendar week on the premises, may continue to lease the | 1460 |
| premises to those charitable organizations, provided that no more | 1461 |
| than four sessions are conducted per calendar week, that the | 1462 |
| lessor organization or person has notified the attorney general in | 1463 |
| writing of the organizations that will conduct the sessions and | 1464 |
| the days of the week and the times of the day on which the | 1465 |
| sessions will be conducted, that the initial lease entered into | 1466 |
| with each organization that will conduct the sessions was filed | 1467 |
| with the attorney general prior to December 6, 1977, and that each | 1468 |
| organization that will conduct the sessions was issued a license | 1469 |
| to conduct bingo games by the attorney general prior to December | 1470 |
| 6, 1977. | 1471 |
| |
1472 |
| guilty of illegally conducting a bingo game, a felony of the | 1473 |
| fourth degree.
|
1474 |
| division, whoever violates
division (A)(1) |
1475 |
| (B)(1),
(2),or(3), |
1476 |
| minor misdemeanor. If the offender previously has been convicted | 1477 |
| of a violation of division
(A)(1) |
1478 |
| (2),or(3),
|
1479 |
| division
(A)(1) |
1480 |
| or(D) of this section is a misdemeanor of the first degree. | 1481 |
| Sec. 2915.091. (A)(1) No charitable organization that | 1482 |
| conducts instant bingo shall fail to comply with division (A) of | 1483 |
| section 2915.09 of the Revised Code. | 1484 |
| (2) No charitable organization that conducts instant bingo | 1485 |
| shall permit any person whom the charitable organization knows or | 1486 |
| should have known has been convicted of a felony or gambling | 1487 |
| offense in any jurisdiction to be a bingo game operator in the | 1488 |
| conduct of instant bingo. | 1489 |
| (3) No charitable organization that conducts instant bingo, | 1490 |
| seal card or punch board games, or a raffle shall purchase or | 1491 |
| lease supplies used to conduct instant bingo, seal card or punch | 1492 |
| board games, or the raffle from any person except a distributor | 1493 |
| that has been issued a license under section 2915.081 of the | 1494 |
| Revised Code. | 1495 |
| (4) A charitable organization may purchase or lease, and may | 1496 |
| use, instant bingo ticket dispensers to sell instant bingo tickets | 1497 |
| or cards. | 1498 |
| (B) A charitable organization may conduct instant bingo other | 1499 |
| than at a bingo session. | 1500 |
| (C) The attorney general may adopt rules in accordance with | 1501 |
| Chapter 119. of the Revised Code that govern the conduct of | 1502 |
| instant bingo by charitable organizations. Before those rules | 1503 |
| are adopted, the attorney general shall reference the recommended | 1504 |
| standards for opacity, randomization, minimum information, winner | 1505 |
| protection, color, and cutting for instant bingo tickets or cards, | 1506 |
| seal cards, and punch boards established by the North American | 1507 |
| gaming regulators association. No rule shall prohibit or limit | 1508 |
| the legal conduct of instant bingo by, or the number of instant | 1509 |
| bingo games being conducted by, charitable organizations. | 1510 |
| (D) Whoever violates division (A)(1), (2), or (3) of this | 1511 |
| section or a rule adopted under division (C) of this section is | 1512 |
| guilty of illegal instant bingo conduct. Except as otherwise | 1513 |
| provided in this division, illegal instant bingo conduct is a | 1514 |
| misdemeanor of the first degree. If the offender previously has | 1515 |
| been convicted of a violation of division (A)(1), (2), or (3) of | 1516 |
| this section or of such a rule, illegal instant bingo conduct is a | 1517 |
| felony of the fifth degree. | 1518 |
| Sec. 2915.092. (A) A charitable organization does not need a | 1519 |
| license to conduct bingo, in order to conduct a raffle drawing on | 1520 |
| the premises it uses for its charitable programs. | 1521 |
| (B) No person shall conduct a raffle drawing for a charitable | 1522 |
| organization on premises other than premises that the charitable | 1523 |
| organization uses for its charitable programs or fail to use, or | 1524 |
| give, donate, or otherwise transfer, the net profit from a raffle | 1525 |
| for a charitable purpose described in division (Z)(2) of section | 1526 |
| 2915.01 of the Revised Code. | 1527 |
| (C) Whoever violates division (B) of this section is guilty | 1528 |
| of illegal conduct of a raffle. Except as otherwise provided in | 1529 |
| this division, illegal conduct of a raffle is a misdemeanor of the | 1530 |
| first degree. If the offender previously has been convicted of a | 1531 |
| violation of division (B) of this section, illegal conduct of a | 1532 |
| raffle is a felony of the fifth degree. | 1533 |
| Sec. 2915.10.
(A) |
1534 |
| 1535 | |
| division (D) of section 2915.02 of the Revised Code, shall fail to | 1536 |
| maintain the following records for at least three years from the | 1537 |
| date on which the bingo
|
1538 |
| conducted: | 1539 |
| (1) An itemized list of the gross receipts of each bingo | 1540 |
| session |
1541 |
| each raffle, each punch board game, each seal card game, and each | 1542 |
| game of chance; | 1543 |
| (2) An itemized list of all expenses, other than prizes, | 1544 |
| that are incurred in conducting
|
1545 |
| by serial number, the name of each person to whom the expenses are | 1546 |
| paid, and a receipt for all of the expenses; | 1547 |
| (3) A list of all
prizes awarded during |
1548 |
| session |
1549 |
| seal card game, and each game of chance conducted by the | 1550 |
| charitable organization,the total prizes awarded from each game | 1551 |
| of instant bingo by serial
number, and the name |
1552 |
| social security number of all persons who are winners of prizes of | 1553 |
| 1554 |
| (4) An itemized list of the charitable recipients of the | 1555 |
| 1556 | |
| chance, including the name and address of each recipient to whom | 1557 |
| the money is distributed, and if the organization uses the | 1558 |
| 1559 | |
| received from a |
1560 |
| purpose set forth in division (Z) of section 2915.01 or division | 1561 |
| (D) of section 2915.02 of the Revised Code, a list of each purpose | 1562 |
| and an itemized list of each expenditure for each purpose; | 1563 |
| (5) The number of persons who participate in any bingo | 1564 |
| session |
1565 |
| charitable organization; | 1566 |
| (6) A list of receipts from the sale of food and beverages | 1567 |
| by the charitable organization or one of its auxiliary units or | 1568 |
| societies, if the receipts were
excluded from |
1569 |
| 1570 | |
| Revised Code; | 1571 |
| (7) An itemized list of all expenses incurred at each bingo | 1572 |
| session,each raffle, each punch board game, each seal card game, | 1573 |
| or each game of instant bingo by serial number conducted by the | 1574 |
| charitable organization in the sale of food and beverages by the | 1575 |
| charitable organization or by an auxiliary unit or society of the | 1576 |
| charitable organization, the name of each person to whom the | 1577 |
| expenses are paid, and a receipt for all of the expenses. | 1578 |
| (B) The gross profit from each bingo session or game | 1579 |
| described in division (S)(1) or (2) of section 2915.01 of the | 1580 |
| Revised Code shall be deposited into a checking account devoted | 1581 |
| exclusively to the bingo session or game. Payments for allowable | 1582 |
| expenses incurred in conducting the bingo session or game and | 1583 |
| payments to charitable recipients of some or all of the net profit | 1584 |
| of the bingo session or game shall be made only by checks drawn on | 1585 |
| the bingo session or game account. | 1586 |
| (C) Each charitable organization shall conduct and record an | 1587 |
| inventory of all of its bingo supplies as of the first day of | 1588 |
| November of each year. | 1589 |
| (D) The attorney general may adopt rules in accordance with | 1590 |
| Chapter 119. of the Revised Code that establish standards of | 1591 |
| accounting, record keeping, and reporting to ensure that gross | 1592 |
| receipts from bingo or games of chance are properly accounted for. | 1593 |
| (E) A distributor shall maintain, for a period of three years | 1594 |
| after the date of its sale or other provision, a record of each | 1595 |
| instance of its selling or otherwise providing to another person | 1596 |
| bingo supplies for use in this state. The record shall include | 1597 |
| all of the following for each instance: | 1598 |
| (1) The name of the manufacturer from which the distributor | 1599 |
| purchased the bingo supplies and the date of the purchase; | 1600 |
| (2) The name and address of the charitable organization or | 1601 |
| other distributor to which the bingo supplies were sold or | 1602 |
| otherwise provided; | 1603 |
| (3) A description that clearly identifies the bingo supplies; | 1604 |
| (4) Invoices that include the serial numbers of all instant | 1605 |
| bingo tickets or cards sold or otherwise provided to each | 1606 |
| charitable organization. | 1607 |
| (F) A manufacturer shall maintain, for a period of three | 1608 |
| years after the date of its sale or other provision, a record of | 1609 |
| each instance of its selling or otherwise providing bingo supplies | 1610 |
| for use in this state. The record shall include all of the | 1611 |
| following for each instance: | 1612 |
| (1) The name and address of the distributor to whom the bingo | 1613 |
| supplies were sold or otherwise provided; | 1614 |
| (2) A description that clearly identifies the bingo supplies; | 1615 |
| (3) Invoices that include the serial numbers of all instant | 1616 |
| bingo tickets or cards sold or otherwise provided to each | 1617 |
| distributor. | 1618 |
| (G) The
attorney general |
1619 |
| agency |
1620 |
| (1) Investigate any charitable organization or any officer, | 1621 |
| agent, trustee, member, or employee of the organization; | 1622 |
| (2) Examine the accounts and records of the organization; | 1623 |
| (3) Conduct inspections, audits, and observations of bingo | 1624 |
| 1625 |
| (4) Conduct
inspections of the premises where bingo |
1626 |
| 1627 |
| (5) Take any other necessary and reasonable action to | 1628 |
| determine if a violation of any
provision of sections 2915.01 |
1629 |
| 1630 | |
| and to determine whether section 2915.11 of the Revised Code has | 1631 |
| been complied with. | 1632 |
| If any local law enforcement agency has reasonable grounds to | 1633 |
| believe that a charitable organization or an officer, agent, | 1634 |
| trustee, member, or employee of the organization has violated any | 1635 |
| provision of this chapter, the local law enforcement agency may | 1636 |
| proceed by action in the proper court to enforce this chapter, | 1637 |
| provided that the local law enforcement agency shall give written | 1638 |
| notice to the attorney general when commencing an action as | 1639 |
| described in this division. | 1640 |
| |
1641 |
| deny access to any accounts or records of a charitable | 1642 |
| organization that have been requested for examination, or | 1643 |
| obstruct, impede, or interfere with any inspection, audit, or | 1644 |
| observation of |
1645 |
| premises where |
1646 |
| 1647 | |
| request of, or obstruct, impede, or interfere with any other | 1648 |
| reasonable action undertaken by, the attorney general or a local | 1649 |
| law enforcement agency pursuant
to division |
1650 |
| section. | 1651 |
| |
1652 |
| section is guilty of a misdemeanor of the first degree. | 1653 |
| Sec. 2915.12. Sections 2915.07 to 2915.11 of the Revised | 1654 |
| Code do not apply to bingo games that are conducted for the | 1655 |
| purpose of amusement only. A bingo game is conducted for the | 1656 |
| purpose of amusement only if it complies with all of the | 1657 |
| requirements specified in either division (A) or (B) of this | 1658 |
| section: | 1659 |
| (A)(1) The participants do not pay any money or any other | 1660 |
| thing of value including an admission fee, or any fee for bingo | 1661 |
| cards |
1662 |
| used in playing bingo, for the privilege of participating in the | 1663 |
| bingo game, or to defray any costs of the game, or pay tips or | 1664 |
| make donations during or immediately before or after the bingo | 1665 |
| game |
1666 |
| (2) All prizes awarded during the course of the game are | 1667 |
| nonmonetary, and in the form of merchandise, goods, or | 1668 |
| entitlements to goods or services only, and the total value of all | 1669 |
| prizes awarded during the game is
less than one hundred dollars |
1670 |
| (3) No commission, wages, salary, reward, tip, donation, | 1671 |
| gratuity, or other form of compensation, either directly or | 1672 |
| indirectly, and regardless of the source, is paid to any bingo | 1673 |
| game operator for work or labor performed at the site of the bingo | 1674 |
| game |
1675 |
| (4) The bingo game is not conducted either during or within | 1676 |
| ten hours of any of the following: | 1677 |
| (a) A bingo session during which a charitable bingo game is | 1678 |
| conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1679 |
| Code; | 1680 |
| (b) A scheme or game
of chance |
1681 |
| 1682 | |
| (S)(2) of section 2915.01 of the Revised Code. | 1683 |
| (5) The number of players participating in the bingo game | 1684 |
| does not exceed fifty. | 1685 |
| (B)(1) The participants do not pay money or any other thing | 1686 |
| of value as an admission fee, and no participant is charged more | 1687 |
| than twenty-five cents to
purchase a bingo card |
1688 |
| to cover the spaces, or other
devices used in playing bingo |
1689 |
| (2) The total amount of money paid by all of the | 1690 |
| participants for bingo
cards |
1691 |
| spaces, or other devices used in playing bingo does not exceed one | 1692 |
| hundred
dollars |
1693 |
| (3) All of the money
paid for bingo cards |
1694 |
| objects to cover spaces, or other devices used in playing bingo | 1695 |
| 1696 | |
| and to provide
refreshments |
1697 |
| (4) The total value of all prizes awarded during the game | 1698 |
| does not exceed one hundred
dollars |
1699 |
| (5) No commission, wages, salary, reward, tip, donation, | 1700 |
| gratuity, or other form of compensation, either directly or | 1701 |
| indirectly, and regardless of the source, is paid to any bingo | 1702 |
| game operator for work or labor performed at the site of the bingo | 1703 |
| game |
1704 |
| (6) The bingo game is not conducted during or within ten | 1705 |
| hours of either of the following: | 1706 |
| (a) A bingo session during which a charitable bingo game is | 1707 |
| conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1708 |
| Code; | 1709 |
| (b) A scheme of
chance or game of chance |
1710 |
| 1711 | |
| division (S)(2) of section 2915.01 of the Revised Code. | 1712 |
| (7) All of the participants reside at the premises where the | 1713 |
| bingo game is
conducted |
1714 |
| (8) The bingo games are conducted on different days of the | 1715 |
| week and not more than twice in a calendar week. | 1716 |
| (C) The attorney
general |
1717 |
| agency |
1718 |
| purportedly is conducted for purposes of amusement only if there | 1719 |
| is reason to believe that the purported amusement bingo game does | 1720 |
| not comply with the requirements of either division (A) or (B) of | 1721 |
| this section. A local law enforcement agency may proceed by | 1722 |
| action in the proper court to enforce this section if the local | 1723 |
| law enforcement agency gives written notice to the attorney | 1724 |
| general when commencing the action. | 1725 |
| Sec. 3763.01. (A) All promises, agreements, notes, bills, | 1726 |
| bonds, or other contracts, mortgages, or other securities, when | 1727 |
| the whole or part of the consideration thereof is for money or | 1728 |
| other valuable thing won or lost, laid, staked, or betted at or | 1729 |
| upon a game of any kind, or upon a horse race or cockfights, sport | 1730 |
| or pastime, or on a wager, or for the repayment of money lent or | 1731 |
| advanced at the time of a game, play, or wager, for the purpose of | 1732 |
| being laid, betted, staked, or wagered, are void. | 1733 |
| (B) Sections 3763.01 to 3763.08 of the Revised Code do not | 1734 |
| apply to |
1735 |
| section 2915.01 of the Revised
Code or to any |
1736 |
| chance that is not subject to criminal penalties under section | 1737 |
| 2915.02 of the Revised Code. | 1738 |
| Sec. 4301.03. The liquor control commission may adopt and | 1739 |
| promulgate, repeal, rescind, and amend, in the manner required by | 1740 |
| this section, rules, standards, requirements, and orders necessary | 1741 |
| to carry out Chapters 4301. and 4303. of the Revised Code, but all | 1742 |
| rules of the board of liquor control which were in effect | 1743 |
| immediately prior to April 17, 1963, shall remain in full force | 1744 |
| and effect as rules of the liquor control commission until and | 1745 |
| unless amended or repealed by the liquor control commission. The | 1746 |
| rules of the commission may include the following: | 1747 |
| (A) Rules with reference to applications for and the | 1748 |
| issuance of permits for the manufacture, distribution, | 1749 |
| transportation, and sale of beer and intoxicating liquor, and the | 1750 |
| sale of alcohol; and rules governing the procedure of the division | 1751 |
| of liquor control in the suspension, revocation, and cancellation | 1752 |
| of
|
1753 |
| (B) Rules and orders providing in detail for the conduct of | 1754 |
| any retail business authorized under permits issued pursuant to | 1755 |
| 1756 | |
| those chapters and laws
relative |
1757 |
| maintenance of public decency, sobriety, and good order in any | 1758 |
| place licensed under
|
1759 |
| prohibit the sale of lottery tickets issued pursuant to Chapter | 1760 |
| 3770. of the Revised Code by any retail business authorized under | 1761 |
| permits issued pursuant to
|
1762 |
| No rule or order shall prohibit pari-mutuel wagering on | 1763 |
| simulcast horse races at a satellite facility that has been issued | 1764 |
| a D liquor permit under Chapter 4303. of the Revised Code. No | 1765 |
| rule or order shall prohibit a charitable organization that holds | 1766 |
| a D-4 orD-5 permit from selling or serving beer or intoxicating | 1767 |
| liquor under its permit in a portion of its premises merely | 1768 |
| because that portion of its
premises is used |
1769 |
| 1770 | |
| (S)(2) of section 2915.01 of
the Revised Code. |
1771 |
| 1772 | |
| 1773 | |
| 1774 | |
| 1775 | |
| this division, "charitable
organization" |
1776 |
| 1777 | |
| have the same
|
1778 |
| 1779 | |
| visibility into the premises of a permit holder after the legal | 1780 |
| hours of sale shall be adopted or maintained by the commission. | 1781 |
| (C) Standards, not in conflict with those prescribed by any | 1782 |
| law of this state or the United States, to secure the use of | 1783 |
| proper ingredients and methods in the manufacture of beer, malt | 1784 |
| liquor, mixed beverages, and wine to be sold within this state; | 1785 |
| (D) Rules determining the nature, form, and capacity of all | 1786 |
| packages and bottles to be used for containing beer or | 1787 |
| intoxicating liquor except for spirituous liquor to be kept or | 1788 |
| sold, governing the form of all seals and labels to be used | 1789 |
| 1790 | |
| every package, bottle, and container to state the ingredients in | 1791 |
| the contents and, except on malt beverages, the terms of weight, | 1792 |
| volume, or proof spirits, and whether the same is beer, wine, | 1793 |
| alcohol, or any intoxicating liquor except for spirituous liquor; | 1794 |
| (E) Uniform rules governing all advertising with reference | 1795 |
| to the sale of beer and intoxicating liquor throughout the state | 1796 |
| and advertising upon and in the premises licensed for the sale of | 1797 |
| beer or intoxicating liquor; | 1798 |
| (F) Rules restricting and placing conditions upon the | 1799 |
| transfer of permits; | 1800 |
| (G) Rules and orders limiting the number of permits of any | 1801 |
| class within the state or within any political subdivision of the | 1802 |
| state; and, for
|
1803 |
| classifications of persons or establishments to which any | 1804 |
| authorized class of permits may
be issued within any |
1805 |
| political subdivision; | 1806 |
| (H) Rules and orders with reference to sales of beer and | 1807 |
| intoxicating liquor on Sundays and holidays and with reference to | 1808 |
| the hours of the day during which and the persons to whom | 1809 |
| intoxicating liquor of any class may be sold, and rules with | 1810 |
| reference to the manner of sale; | 1811 |
| (I) Rules requiring permit holders buying beer and malt | 1812 |
| beverages to pay, and permit holders selling beer and malt | 1813 |
| beverages to collect, minimum cash deposits for kegs, cases, | 1814 |
| bottles, or other returnable
containers of |
1815 |
| beverages; requiring the
repayment, or credit therefor, of |
1816 |
| the minimum cash deposit
charges upon the return of |
1817 |
| containers |
1818 |
| or such other conditions with respect to the charging, collection, | 1819 |
| and repayment of minimum cash deposit charges for returnable | 1820 |
| containers of beer or malt beverages as are necessary to ensure | 1821 |
| the return of
|
1822 |
| their return of the
minimum cash deposits paid |
1823 |
| (J) Rules establishing the method by which alcohol products | 1824 |
| may be imported for sale by wholesale distributors and the method | 1825 |
| by which manufacturers and suppliers may sell alcohol products to | 1826 |
| wholesale distributors. | 1827 |
| Every rule, standard, requirement, or order of the | 1828 |
| commission, and every repeal,
amendment, or rescission |
1829 |
| them shall be posted for public inspection in the principal office | 1830 |
| of the commission and the principal office of the division of | 1831 |
| liquor control, and a certified
copy |
1832 |
| filed in the office of the secretary of state. An order applying | 1833 |
| only to persons named
|
1834 |
| affected by personal delivery of a certified copy, or by mailing | 1835 |
| 1836 | |
| in the case of a corporation, to
any officer or agent |
1837 |
| the corporation upon whom a service of summons may be served in a | 1838 |
| civil action. The posting and filing required by this section | 1839 |
| constitutes sufficient notice to
all persons affected by |
1840 |
| rule or order
|
1841 |
| rules of the commission promulgated pursuant to this section shall | 1842 |
| be published in |
1843 |
| Sec. 4303.17. Permit D-4 may be issued to a club which has | 1844 |
| been in existence for three years or more prior to the issuance of | 1845 |
| 1846 | |
| members only, in glass or container, for consumption on the | 1847 |
| premises where sold. The fee for this permit is three hundred | 1848 |
| seventy-five dollars. No such permit shall be granted or retained | 1849 |
| until all elected officers of
|
1850 |
| 1851 | |
| statement certifying that
|
1852 |
| interest of the membership of a reputable organization, which is | 1853 |
| maintained by a dues paying membership, setting forth the amount | 1854 |
| of initiation fee and yearly dues. All such matters shall be | 1855 |
| contained in a statement signed under oath and accompanied by a | 1856 |
| surety bond in the sum of one
thousand dollars. |
1857 |
| shall be declared forfeited in the full amount of the penal sum of | 1858 |
| the bond for any false statement
contained in |
1859 |
| certificate, and the surety shall pay the amount of the bond to | 1860 |
| the division. The roster of membership of a D-4 permit holder | 1861 |
| shall be submitted under oath on the request of the superintendent | 1862 |
| of liquor control. Any information acquired by the superintendent | 1863 |
| or the division with respect to
|
1864 |
| open to public inspection or examination and may be divulged by | 1865 |
| the superintendent and the division only in hearings before the | 1866 |
| liquor control commission or in a court action in which the | 1867 |
| division or the superintendent is named a party. | 1868 |
| The requirement that a club shall have been in existence for | 1869 |
| three years in order to qualify for a D-4 permit does not apply to | 1870 |
| units of organizations chartered by congress or to a subsidiary | 1871 |
| unit of a national fraternal organization if the parent | 1872 |
| organization has been in existence for three years or more at the | 1873 |
| time application for a permit is
made by |
1874 |
| No rule or order of the division or commission shall prohibit | 1875 |
| a charitable organization that holds a D-4 permit from selling or | 1876 |
| serving beer or intoxicating liquor under its permit in a portion | 1877 |
| of its premises merely because that portion of its premises is | 1878 |
| used |
1879 |
| described in division (S)(2) of section 2915.01 of the Revised | 1880 |
| Code. |
1881 |
| 1882 | |
| 1883 | |
| 1884 | |
| 1885 | |
| 1886 | |
| " |
1887 |
| 1888 |
| Section 2. That existing sections 173.121, 1531.01, 1711.09, | 1889 |
| 2915.01, 2915.02, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10, | 1890 |
| 2915.12, 3763.01, 4301.03, and 4303.17 of the Revised Code are | 1891 |
| hereby repealed. | 1892 |
| Section 3. Section 2915.09 of the Revised Code is presented | 1893 |
| in this act as a composite of the section as amended by both Am. | 1894 |
| Sub. S.B. 70 and Am. Sub. S.B. 2 of the 121st General Assembly. | 1895 |
| The General Assembly, applying the principle stated in division | 1896 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 1897 |
| harmonized if reasonably capable of simultaneous operation, finds | 1898 |
| that the composite is the resulting version of the section in | 1899 |
| effect prior to the effective date of the section as presented in | 1900 |
| this act. | 1901 |