As Introduced

SENATOR Spada

To amend sections 109.32, 119.12, 173.121, 1531.01,

1

1711.09, 2915.01, 2915.02, 2915.04, 2915.05,

2

2915.07, 2915.08, 2915.09, 2915.10, 2915.11,

3

2915.12, 3763.01, 4301.03, and 4303.17 and to

4

enact sections 2915.081, 2915.082, 2915.091, and

5

2915.092 of the Revised Code to define "bingo" to

6

include bingo, instant bingo, seal cards, and

7

raffles; to create a license that authorizes

8

certain charitable organizations to conduct bingo

9

and instant bingo; to require the licensing of

10

manufacturers and distributors of bingo supplies;

11

to regulate the sale of instant bingo and the

12

conduct of raffles; to prohibit the playing of

13

bingo and games of chance that a charitable

14

organization conducts, in a premises where beer or

15

liquor is sold for on-premises consumption; and to

16

make other changes in the Charitable Gambling Law.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 109.32, 119.12, 173.121, 1531.01,	18
1711.09, 2915.01, 2915.02, 2915.04, 2915.05, 2915.07, 2915.08,	19
2915.09, 2915.10, 2915.11, 2915.12, 3763.01, 4301.03, and 4303.17	20
be amended and sections 2915.081, 2915.082, 2915.091, and 2915.092	21
of the Revised Code be enacted to read as follows:	22

Sec. 109.32.  All annual filing fees obtained by the attorney	23
general pursuant to section 109.31 of the Revised Code, all	24
receipts obtained from the sale of the charitable lawfoundations	25
directory, and all registration fees received by the attorney	26
general, bond forfeitures, awards of costs and attorney's fees,	27
and civil penalties assessed under Chapter 1716. of the Revised	28
Code, and all license fees received by the attorney general under	29
section 2915.08, 2915.081, or 2915.082 of the Revised Code shall	30
be paid into the state treasury to the credit of the charitable	31
law fund. The charitable law fund shall be used insofar as its	32
moneys are available for the expenses of the charitable law	33
section of the office of the attorney general. The expenses of	34
the charitable law section in excess of moneys available in the	35
charitable law fund shall be paid out of regular appropriations to	36
the office of the attorney general.	37

Sec. 119.12.  Any party adversely affected by any order of an	38
agency issued pursuant to an adjudication denying an applicant	39
admission to an examination, or denying the issuance or renewal of	40
a license or registration of a licensee, or revoking or suspending	41
a license, or allowing the payment of a forfeiture under section	42
4301.252 of the Revised Code, may appeal from the order of the	43
agency to the court of common pleas of the county in which the	44
place of business of the licensee is located or the county in	45
which the licensee is a resident, except that appeals from	46
decisions of the liquor control commission, the state medical	47
board, state chiropractic board, and board of nursing shall be to	48
the court of common pleas of Franklin county. If any such party	49
is not a resident of and has no place of business in this state,	50
the party may appeal to the court of common pleas of Franklin	51
county.	52

Any party adversely affected by any order of an agency issued	53
pursuant to any other adjudication may appeal to the court of	54
common pleas of Franklin county, except that appeals from orders	55
of the fire marshal issued under Chapter 3737. of the Revised Code	56
may be to the court of common pleas of the county in which the	57
building of the aggrieved person is located.	58

This section does not apply to appeals from the department of	59
taxation.	60

Any party desiring to appeal shall file a notice of appeal	61
with the agency setting forth the order appealed from and the	62
grounds of the party's appeal. A copy of suchthe notice of	63
appeal shall also be filed by the appellant with the court. Unless	64
otherwise provided by law relating to a particular agency, such	65
notices of appeal shall be filed within fifteen days after the	66
mailing of the notice of the agency's order as provided in this	67
section. For purposes of this paragraph, an order includes a	68
determination appealed pursuant to division (C) of section 119.092	69
of the Revised Code.	70

The filing of a notice of appeal shall not automatically	71
operate as a suspension of the order of an agency. If it appears	72
to the court that an unusual hardship to the appellant will result	73
from the execution of the agency's order pending determination of	74
the appeal, the court may grant a suspension and fix its terms. If	75
an appeal is taken from the judgment of the court and the court	76
has previously granted a suspension of the agency's order as	77
provided in this section, suchthe suspension of the agency's	78
order shall not be vacated and shall be given full force and	79
effect until the matter is finally adjudicated. No renewal of a	80
license or permit shall be denied by reason of such suspended	81
order during the period of the appeal from the decision of the	82
court of common pleas. In the case of an appeal from the state	83
medical board or state chiropractic board, the court may grant a	84
suspension and fix its terms if it appears to the court that an	85
unusual hardship to the appellant will result from the execution	86
of the agency's order pending determination of the appeal and the	87
health, safety, and welfare of the public will not be threatened	88
by suspension of the order. This provision shall not be construed	89
to limit the factors the court may consider in determining whether	90
to suspend an order of any other agency pending determination of	91
an appeal.	92

The final order of adjudication may apply to any renewal of a	93
license or permit which has been granted during the period of the	94
appeal.	95

Notwithstanding any other provision of this section, any	96
order issued by a court of common pleas or a court of appeals	97
suspending the effect of an order of the liquor control commission	98
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	99
suspends, revokes, or cancels a permit issued under Chapter 4303.	100
of the Revised Code, or that allows the payment of a forfeiture	101
under section 4301.252 of the Revised Code, shall terminate not	102
more than six months after the date of the filing of the record of	103
the liquor control commission with the clerk of the court of	104
common pleas and shall not be extended. The court of common	105
pleas, or the court of appeals on appeal, shall render a judgment	106
in that matter within six months after the date of the filing of	107
the record of the liquor control commission with the clerk of the	108
court of common pleas. A court of appeals shall not issue an	109
order suspending the effect of an order of the liquor control	110
commission that extends beyond six months after the date on which	111
the record of the liquor control commission is filed with a court	112
of common pleas.	113

Notwithstanding any other provision of this section to the	114
contrary, any order that a court of common pleas issues suspending	115
the effect of an order of the attorney general that revokes or	116
suspends any license issued under Chapter 2915. of the Revised	117
Code shall terminate not later than fifteen months after the	118
filing of a notice of appeal in the court of common pleas, even if	119
the matter has not been finally adjudicated within that time.	120

Notwithstanding any other provision of this section, any	121
order issued by a court of common pleas suspending the effect of	122
an order of the state medical board or state chiropractic board	123
that limits, revokes, suspends, places on probation, or refuses to	124
register or reinstate a certificate issued by the board or	125
reprimands the holder of such a certificate shall terminate not	126
more than fifteen months after the date of the filing of a notice	127
of appeal in the court of common pleas, or upon the rendering of a	128
final decision or order in the appeal by the court of common	129
pleas, whichever occurs first.	130

Within thirty days after receipt of a notice of appeal from	131
an order in any case in which a hearing is required by sections	132
119.01 to 119.13 of the Revised Code, the agency shall prepare and	133
certify to the court a complete record of the proceedings in the	134
case. Failure of the agency to comply within the time allowed,	135
upon motion, shall cause the court to enter a finding in favor of	136
the party adversely affected. Additional time, however, may be	137
granted by the court, not to exceed thirty days, when it is shown	138
that the agency has made substantial effort to comply. Such	139
record shall be prepared and transcribed, and the expense of it	140
shall be taxed as a part of the costs on the appeal. The	141
appellant shall provide security for costs satisfactory to the	142
court of common pleas. Upon demand by any interested party, the	143
agency shall furnish at the cost of the party requesting it a copy	144
of the stenographic report of testimony offered and evidence	145
submitted at any hearing and a copy of the complete record.	146

Notwithstanding any other provision of this section, any	147
party desiring to appeal an order or decision of the state	148
personnel board of review shall, at the time of filing a notice of	149
appeal with the board, provide a security deposit in an amount and	150
manner prescribed in rules that the board shall adopt in	151
accordance with this chapter. In addition, the board is not	152
required to prepare or transcribe the record of any of its	153
proceedings unless the appellant has provided the deposit	154
described above. The failure of the board to prepare or	155
transcribe a record for an appellant who has not provided a	156
security deposit shall not cause a court to enter a finding	157
adverse to the board.	158

Unless otherwise provided by law, in the hearing of the	159
appeal, the court is confined to the record as certified to it by	160
the agency. Unless otherwise provided by law, the court may grant	161
a request for the admission of additional evidence when satisfied	162
that suchthe additional evidence is newly discovered and could	163
not with reasonable diligence have been ascertained prior to the	164
hearing before the agency.	165

The court shall conduct a hearing on such appeal and shall	166
give preference to all proceedings under sections 119.01 to 119.13	167
of the Revised Code, over all other civil cases, irrespective of	168
the position of the proceedings on the calendar of the court. An	169
appeal from an order of the state medical board issued pursuant to	170
division (G) of either section 4730.25 or 4731.22 of the Revised	171
Code, or the state chiropractic board issued pursuant to section	172
4734.37 of the Revised Code, or the liquor control commission	173
issued pursuant to Chapter 4301. or 4303. of the Revised Code	174
shall be set down for hearing at the earliest possible time and	175
takes precedence over all other actions. The hearing in the court	176
of common pleas shall proceed as in the trial of a civil action,	177
and the court shall determine the rights of the parties in	178
accordance with the laws applicable to sucha civil action. At	179
suchthe hearing, counsel may be heard on oral argument, briefs	180
may be submitted, and evidence introduced if the court has granted	181
a request for the presentation of additional evidence.	182

The court may affirm the order of the agency complained of in	183
the appeal if it finds, upon consideration of the entire record	184
and suchany additional evidence as the court has admitted, that	185
the order is supported by reliable, probative, and substantial	186
evidence and is in accordance with law. In the absence of such a	187
finding, it may reverse, vacate, or modify the order or make such	188
otheranother ruling asthat is supported by reliable, probative,	189
and substantial evidence and is in accordance with law. The court	190
shall award compensation for fees in accordance with section	191
2335.39 of the Revised Code to a prevailing party, other than an	192
agency, in an appeal filed pursuant to this section.	193

The judgment of the court shall be final and conclusive	194
unless reversed, vacated, or modified on appeal. Such appeals	195
Appeals may be taken either by the party or the agency, shall	196
proceed as in the case of appeals in civil actions, and shall be	197
pursuant to the Rules of Appellate Procedure and, to the extent	198
not in conflict with those rules, Chapter 2505. of the Revised	199
Code. SuchAn appeal by the agency shall be taken on questions of	200
law relating to the constitutionality, construction, or	201
interpretation of statutes and rules of the agency, and, in such	202
the appeal, the court may also review and determine the	203
correctness of the judgment of the court of common pleas that the	204
order of the agency is not supported by any reliable, probative,	205
and substantial evidence in the entire record.	206

The court shall certify its judgment to suchthe agency or	207
take such other action necessary to give its judgment effect.	208

Sec. 173.121.  (A) As used in this section, "bingo," "bingo	209
game operator," and "participant" have the same meanings as in	210
section 2915.01 of the Revised Code.	211

(B) Notwithstanding sections 2915.07 to 2915.12 of the	212
Revised Code, a multipurpose senior center may conduct bingo games	213
described in division (S)(1) of section 2915.01 of the Revised	214
Code, but only if it complies with all of the following	215
requirements:	216

(1) All bingo games are conducted only on the premises of	217
the facility;.	218

(2) All participants are sixty years of age or older;,

219

(3) All bingo game operators are sixty years of age or older	220
and receive no compensation for serving as operators;.	221

(4) No participant is charged an admission fee, and no	222
participant is charged more than twenty-five cents to purchase a	223
bingo card or a card, sheet, or other device described in division	224
(S)(2)(a) of section 2915.01 of the Revised Code;.	225

(5) All proceeds from games are used only for any of the	226
following:	227

(a) To pay winners monetary or nonmonetary prizes;

228

(b) To provide refreshments;

229

(c) To defray any costs directly related to conducting the	230
games;	231

(d) To defray costs of services the facility provides in	232
accordance with section 173.12 of the Revised Code.	233

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	234
the Revised Code:	235

(A) "Person" means individual, company, partnership,	236
corporation, municipal corporation, association, or any	237
combination of individuals, or any employee, agent, or officer	238
thereof.	239

(B) "Resident" means any individual who has resided in this	240
state for not less than six months next preceding the date of	241
making application for a license.	242

(C) "Nonresident" means any individual who does not qualify	243
as a resident.	244

(D) "Division rule" or "rule" means any rule adopted by the	245
chief of the division of wildlife under section 1531.10 of the	246
Revised Code unless the context indicates otherwise.	247

(E) "Closed season" means that period of time during which	248
the taking of wild animals protected by this chapter and Chapter	249
1533. of the Revised Code is prohibited.	250

(F) "Open season" means that period of time during which the	251
taking of wild animals protected by this chapter and Chapter 1533.	252
of the Revised Code is permitted.	253

(G) "Take or taking" includes pursuing, shooting, hunting,	254
killing, trapping, angling, fishing with a trotline, or netting	255
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	256
wild bird, or wild quadruped, and any lesser act, such as	257
wounding, or placing, setting, drawing, or using any other device	258
for killing or capturing any wild animal, whether it results in	259
killing or capturing the animal or not. "Take or taking" includes	260
every attempt to kill or capture and every act of assistance to	261
any other person in killing or capturing or attempting to kill or	262
capture a wild animal.	263

(H) "Possession" means both actual and constructive	264
possession and any control of things referred to.	265

(I) "Bag limit" means the number, measurement, or weight of	266
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	267
birds, and wild quadrupeds permitted to be taken.	268

(J) "Transport and transportation" means carrying or moving	269
or causing to be carried or moved.	270

(K) "Sell and sale" means barter, exchange, or offer or	271
expose for sale.	272

(L) "Whole to include part" means that every provision	273
relating to any wild animal protected by this chapter and Chapter	274
1533. of the Revised Code applies to any part of the wild animal	275
with the same effect as it applies to the whole.	276

(M) "Angling" means fishing with not more than two hand	277
lines, not more than two units of rod and line, or a combination	278
of not more than one hand line and one rod and line, either in	279
hand or under control at any time while fishing. The hand line or	280
rod and line shall have attached to it not more than three baited	281
hooks, not more than three artificial fly rod lures, or one	282
artificial bait casting lure equipped with not more than three	283
sets of three hooks each.	284

(N) "Trotline" means a device for catching fish that	285
consists of a line having suspended from it, at frequent	286
intervals, vertical lines with hooks attached.	287

(O) "Fish" means a cold-blooded vertebrate having fins.

288

(P) "Measurement of fish" means length from the end of the	289
nose to the longest tip or end of the tail.	290

(Q) "Wild birds" includes game birds and nongame birds.

291

(R) "Game" includes game birds, game quadrupeds, and	292
fur-bearing animals.	293

(S) "Game birds" includes mourning doves, ringneck	294
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,	295
pinnated grouse, wild turkey, Hungarian partridge, Chukar	296
partridge, woodcocks, black-breasted plover, golden plover,	297
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,	298
coots, gallinules, duck, geese, brant, and crows.	299

(T) "Nongame birds" includes all other wild birds not	300
included and defined as game birds.	301

(U) "Wild quadrupeds" includes game quadrupeds and	302
fur-bearing animals.	303

(V) "Game quadrupeds" includes cottontail rabbits, gray	304
squirrels, black squirrels, fox squirrels, red squirrels, flying	305
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	306
wild boar, and black bears.	307

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	308
skunks, opossums, muskrats, fox, beavers, badgers, otters,	309
coyotes, and bobcats.	310

(X) "Wild animals" includes mollusks, crustaceans, aquatic	311
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	312
and all other wild mammals, but does not include domestic deer.	313

(Y) "Hunting" means pursuing, shooting, killing, following	314
after or on the trail of, lying in wait for, shooting at, or	315
wounding wild birds or wild quadrupeds while employing any device	316
commonly used to kill or wound wild birds or wild quadrupeds	317
whether or not the acts result in killing or wounding. "Hunting"	318
includes every attempt to kill or wound and every act of	319
assistance to any other person in killing or wounding or	320
attempting to kill or wound wild birds or wild quadrupeds.	321

(Z) "Trapping" means securing or attempting to secure	322
possession of a wild bird or wild quadruped by means of setting,	323
placing, drawing, or using any device that is designed to close	324
upon, hold fast, confine, or otherwise capture a wild bird or wild	325
quadruped whether or not the means results in capture. "Trapping"	326
includes every act of assistance to any other person in capturing	327
wild birds or wild quadrupeds by means of the device whether or	328
not the means results in capture.	329

(AA) "Muskrat spear" means any device used in spearing	330
muskrats.	331

(BB) "Channels and passages" means those narrow bodies of	332
water lying between islands or between an island and the mainland	333
in Lake Erie.	334

(CC) "Island" means a rock or land elevation above the	335
waters of Lake Erie having an area of five or more acres above	336
water.	337

(DD) "Reef" means an elevation of rock, either broken or in	338
place, or gravel shown by the latest United States chart to be	339
above the common level of the surrounding bottom of the lake,	340
other than the rock bottom, or in place forming the base or	341
foundation rock of an island or mainland and sloping from the	342
shore of it. "Reef" also means all elevations shown by that chart	343
to be above the common level of the sloping base or foundation	344
rock of an island or mainland, whether running from the shore of	345
an island or parallel with the contour of the shore of an island	346
or in any other way and whether formed by rock, broken or in	347
place, or from gravel.	348

(EE) "Fur farm" means any area used exclusively for raising	349
fur-bearing animals or in addition thereto used for hunting game,	350
the boundaries of which are plainly marked as such.	351

(FF) "Waters" includes any lake, pond, reservoir, stream,	352
channel, lagoon, or other body of water, or any part thereof,	353
whether natural or artificial.	354

(GG) "Crib" or "car" refers to that particular compartment	355
of the net from which the fish are taken when the net is lifted.	356

(HH) "Commercial fish" means those species of fish permitted	357
to be taken, possessed, bought, or sold unless otherwise	358
restricted by the Revised Code or division rule and are alewife	359
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	360
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	361
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	362
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	363
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	364
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	365
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	366
freshwater drum or sheepshead (Aplodinotus grunniens), gar	367
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	368
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	369
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	370
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	371
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	372
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	373
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	374
chrysops), white perch (Roccus americanus), and yellow perch	375
(Perca flavescens). When the common name of a fish is used in	376
this chapter or Chapter 1533. of the Revised Code, it refers to	377
the fish designated by the scientific name in this definition.	378

(II) "Fishing" means taking or attempting to take fish by	379
any method, and all other acts such as placing, setting, drawing,	380
or using any device commonly used to take fish whether resulting	381
in a taking or not.	382

(JJ) "Fillet" means the pieces of flesh taken or cut from	383
both sides of a fish, joined to form one piece of flesh.	384

(KK) "Part fillet" means a piece of flesh taken or cut from	385
one side of a fish.	386

(LL) "Round" when used in describing fish means with head	387
and tail intact.	388

(MM) "Migrate" means the transit or movement of fish to or	389
from one place to another as a result of natural forces or	390
instinct and includes, but is not limited to, movement of fish	391
induced or caused by changes in the water flow.	392

(NN) "Spreader bar" means a brail or rigid bar placed across	393
the entire width of the back, at the top and bottom of the cars in	394
all trap, crib, and fyke nets for the purpose of keeping the	395
meshes hanging squarely while the nets are fishing.	396

(OO) "Fishing guide" means any person who, for consideration	397
or hire, operates a boat, rents, leases, or otherwise furnishes	398
angling devices, ice fishing shanties or shelters of any kind, or	399
other fishing equipment, and accompanies, guides, directs, or	400
assists any other person in order for the other person to engage	401
in fishing.	402

(PP) "Net" means fishing devices with meshes composed of	403
twine or synthetic material and includes, but is not limited to,	404
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	405
seines, except minnow seines and minnow dip nets.	406

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	407
nets, dip nets, carp aprons, trotlines, other similar gear, and	408
any boat used in conjunction with that gear, but does not include	409
gill nets.	410

(RR) "Native wildlife" means any species of the animal	411
kingdom indigenous to this state.	412

(SS) "Gill net" means a single section of fabric or netting	413
seamed to a float line at the top and a lead line at the bottom,	414
which is designed to entangle fish in the net openings as they	415
swim into it.	416

(TT) "Tag fishing tournament" means a contest in which a	417
participant pays a fee, or gives other valuable consideration, for	418
a chance to win a prize by virtue of catching a tagged or	419
otherwise specifically marked fish within a limited period of	420
time, but does not include a scheme of chance conducted under	421
division (D)(1) of section 2915.02 of the Revised Code.	422

(UU) "Tenant" means an individual who resides on land for	423
which the individual pays rent and whose annual income is	424
primarily derived from agricultural production conducted on that	425
land, as "agricultural production" is defined in section 929.01 of	426
the Revised Code.	427

(VV) "Nonnative wildlife" means any wild animal not	428
indigenous to this state, but does not include domestic deer.	429

(WW) "Reptiles" includes common musk turtle (sternotherus	430
odoratus), common snapping turtle (Chelydra serpentina	431
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	432
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	433
blandingii), common map turtle (Graptemys geographica), ouachita	434
map turtle (Graptemys pseudogeographica ouachitensis), midland	435
painted turtle (Chrysemys picta marginata), red-eared slider	436
(Trachemys scripta elegans), eastern spiny softshell turtle	437
(Apalone spinifera spinifera), midland smooth softshell turtle	438
(Apalone mutica mutica), northern fence lizard (Sceloporus	439
undulatus hyacinthinus), ground skink (Scincella lateralis),	440
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	441
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	442
European wall lizard (Podarcis muralis), queen snake (Regina	443
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	444
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	445
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	446
erythrogaster neglecta), northern brown snake (Storeria dekayi	447
dekayi), midland brown snake (Storeria dekayi wrightorum),	448
northern redbelly snake (Storeria occipitomaculata	449
occipitomaculata), eastern garter snake (Thamnophis sirtalis	450
sirtalis), eastern plains garter snake (Thamnophis radix radix),	451
Butler's garter snake (Thamnophis butleri), shorthead garter snake	452
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	453
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	454
septentrionalis), eastern hognose snake (Heterodon platirhinos),	455
eastern smooth earth snake (Virginia valeriae valeriae), northern	456
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	457
(Carphophis amoenus helenae), eastern worm snake (Carphophis	458
amoenus amoenus), black racer (Coluber constrictor constrictor),	459
blue racer (Coluber constrictor foxii), rough green snake	460
(opheodrys aestivus), smooth green snake (opheodrys vernalis	461
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	462
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	463
getula nigra), eastern milk snake (Lampropeltis triangulum	464
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	465
eastern massasauga (Sistrurus catenatus catenatus), and timber	466
rattlesnake (Crotalus horridus horridus).	467

(XX) "Amphibians" includes eastern hellbender	468
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus	469
maculosus maculosus), red-spotted newt (Notophthalmus viridescens	470
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	471
spotted salamander (Ambystoma maculatum), blue-spotted salamander	472
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	473
streamside salamander (Ambystoma barbouri), marbled salamander	474
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	475
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	476
mountain dusky salamander (Desmognathus ochrophaeus), redback	477
salamander (Plethodon cinereus), ravine salamander (Plethodon	478
richmondi), northern slimy salamander (Plethodon glutinosus),	479
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	480
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	481
porphyriticus duryi), northern spring salamander (Gyrinophilus	482
porphyriticus porphyriticus), mud salamander (Pseudotriton	483
montanus), northern red salamander (Pseudotriton ruber ruber),	484
green salamander (Aneides aeneus), northern two-lined salamander	485
(Eurycea bislineata), longtail salamander (Eurycea longicauda	486
longicauda), cave salamander (Eurycea lucifuga), southern	487
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	488
woodhousii fowleri), American toad (Bufo americanus), eastern	489
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	490
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	491
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	492
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	493
triseriata), mountain chorus frog (Pseudacris brachyphona),	494
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	495
northern leopard frog (Rana pipiens), pickerel frog (Rana	496
palustris), southern leopard frog (Rana utricularia), and wood	497
frog (Rana sylvatica).	498

(YY) "Deer" means white-tailed deer (Oddocoileus	499
virginianus).	500

(ZZ) "Domestic deer" means nonnative deer that have been	501
legally acquired or their offspring and that are held in private	502
ownership for primarily agricultural purposes.	503

Sec. 1711.09.  Except as otherwise provided in this section,	504
county agricultural societies, independent agricultural societies,	505
and the Ohio expositions commission shall not permit during any	506
fair, or for one week before or three days thereafterafter any	507
fair, any dealing in spirituous liquors, or at any time allow or	508
tolerate immoral shows, lottery devices, games of chance, or	509
gambling of any kind, including pool selling and paddle wheels,	510
anywhere on the fairground; and shall permit no person at any time	511
to operate any side show, amusement, game, or device, or offer for	512
sale any novelty by auction or solicitation, on suchthe	513
fairground who has not first obtained from the director of	514
agriculture sucha license as is provided byunder section 1711.11	515
of the Revised Code. This section does not prohibit the sale of	516
lottery tickets by the state lottery commission pursuant to	517
Chapter 3770. of the Revised Code at the state fairground during	518
the state fair. In addition, a county or independent agricultural	519
society may permit, at any time except during a fair or for one	520
week before or three days thereafterafter a fair, a charitable	521
organization to conduct in accordance with Chapter 2915. of the	522
Revised Code games of chance, schemes of chance, or bingo on the	523
fairground of a county with a population of 500,000five hundred	524
thousand or less. A charitable organization may lease all or part	525
of the fairground from the agricultural society for that purpose.	526

Any sales of intoxicating liquor transacted on the fairground	527
shall be subject to Chapters 4301., 4303., and 4399. of the	528
Revised Code.	529

Any agricultural society that permits the sale of	530
intoxicating liquor on its fairground shall apply any proceeds	531
gained by suchthe society from the permit holder and from	532
activities coincident to the sale of intoxicating liquor first to	533
pay the cost of insurance on all buildings on suchthe fairground,	534
and then for any other purpose authorized by law.	535

Sec. 2915.01.  As used in this chapter:

536

(A) "Bookmaking" means the business of receiving or paying	537
off bets.	538

(B) "Bet" means the hazarding of anything of value upon the	539
result of an event, undertaking, or contingency, but does not	540
include a bona fide business risk.	541

(C) "Scheme of chance" means a slot machine, lottery, numbers	542
game, pool, or other scheme in which a participant gives a	543
valuable consideration for a chance to win a prize,but does not	544
include bingo.	545

(D) "Game of chance" means poker, craps, roulette, a slot	546
machine, a punch board, or other game in which a player gives	547
anything of value in the hope of gain, the outcome of which is	548
determined largely or wholly by chance,but does not include	549
bingo.	550

(E) "Scheme or game of chance conducted for profit" means any	551
scheme or game of chance designed to produce income for the person	552
who conducts or operates the scheme or game of chance, but does	553
not include a charitable bingo game.	554

(F) "Gambling device" means any of the following:

555

(1) A book, totalizer, or other equipment for recording	556
bets;	557

(2) A ticket, token, or other device representing a chance,	558
share, or interest in a scheme of chance, except a charitable	559
bingo game, or evidencing a bet;	560

(3) A deck of cards, dice, gaming table, roulette wheel,	561
slot machine, punch board, or other apparatus designed for use in	562
connection with a game of chance, or a slot machine designed for	563
use in connection with bingo or a scheme or game of chance;	564

(4) Any equipment, device, apparatus, or paraphernalia	565
specially designed for gambling purposes;	566

(5) Bingo supplies sold or used in violation of this	567
chapter.	568

(G) "Gambling offense" means any of the following:

569

(1) A violation of section 2915.02, 2915.03, 2915.04,	570
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	571
2915.092, 2915.10, or 2915.11 of the Revised Code;	572

(2) A violation of an existing or former municipal ordinance	573
or law of this or any other state or the United States	574
substantially equivalent to any section listed in division (G)(1)	575
of this section or a violation of section 2915.06 of the Revised	576
Code as it existed prior to the effective date of this amendment	577
July1, 1996;	578

(3) An offense under an existing or former municipal	579
ordinance or law of this or any other state or the United States,	580
of which gambling is an element;	581

(4) A conspiracy or attempt to commit, or complicity in	582
committing, any offense under division (G)(1), (2), or (3) of this	583
section.	584

(H) "CharitableExcept as otherwise provided in this chapter,	585
"charitable organization" means any tax exempt religious,	586
educational, veteran's, fraternal, service, nonprofit medical,	587
volunteer rescue service, volunteer fire fighter'sfirefighter's,	588
senior citizen's, youth athletic, amateur athletic, or youth	589
athletic park organization. An organization is tax exempt if the	590
organization is, and has received from the internal revenue	591
service a determination letter that currently is in effect stating	592
that the organization is, exempt from federal income taxation	593
under subsection 501(a) and described in subsection 501(c)(3),	594
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	595
Revenue Code. To qualify as a charitable organization, an	596
organization, except a volunteer rescue service or volunteer fire	597
fighter'sfirefighter's organization, shall have been in	598
continuous operating existence as such in this state for a period	599
of two years immediately preceding either the making of an	600
application for a bingo license under section 2915.08 of the	601
Revised Code or the conducting of any scheme of chance or game of	602
chance as provided in division (C)(D) of section 2915.02 of the	603
Revised Code.	604

(I) "Religious organization" means any church, body of	605
communicants, or group that is not organized or operated for	606
profit and that gathers in common membership for regular worship	607
and religious observances.	608

(J) "Educational organization" means any organization within	609
this state that is not organized for profit, the primary purpose	610
of which is to educate and develop the capabilities of individuals	611
through instruction, and that operates or contributes to the	612
support of a school, academy, college, or university.	613

(K) "Veteran's organization" means any individual post of a	614
national veteran's association or an auxiliary unit of any	615
individual post of a national veteran's association, which post or	616
auxiliary unit has been incorporated as a nonprofit corporation	617
for at least two years and has received a letter from the state	618
headquarters of the national veteran's association indicating that	619
the individual post or auxiliary unit is in good standing with the	620
national veteran's association. As used in this division,	621
"national veteran's association" means any veteran's association	622
that has been in continuous existence as such for a period of at	623
least ten years and either is incorporated by an act of the United	624
States congress or has a national dues-paying membership of at	625
least five thousand persons.	626

(L) "Volunteer fire fighter'sfirefighter's organization"	627
means any organization of volunteer fire fightersfirefighters, as	628
defined in section 146.01 of the Revised Code, that is organized	629
and operated exclusively to provide financial support for a	630
volunteer fire department or a volunteer fire company and that is	631
recognized or ratified by the county, municipal corporation, or	632
township in which the volunteer fire department or volunteer fire	633
company is located.	634

(M) "Fraternal organization" means any society, order, or	635
association within this state, except a college or high school	636
fraternity, that is not organized for profit, that is a branch,	637
lodge, or chapter of a national or state organization, that exists	638
exclusively for the common business or sodality of its members,	639
and that has been in continuous existence in this state for a	640
period of five years.	641

(N) "Volunteer rescue service organization" means any	642
organization of volunteers organized to function as an emergency	643
medical service organization, as defined in section 4765.01 of the	644
Revised Code.	645

(O) "Service organization" means any organization, not	646
organized for profit, that is organized and operated exclusively	647
to provide, or to contribute to the support of organizations or	648
institutions organized and operated exclusively to provide,	649
medical and therapeutic services for persons who are crippled,	650
born with birth defects, or have any other mental or physical	651
defect or those organized and operated exclusively to protect, or	652
to contribute to the support of organizations or institutions	653
organized and operated exclusively to protect, animals from	654
inhumane treatment.	655

(P) "Nonprofit medical organization" means any organization	656
that has been incorporated as a nonprofit corporation for at least	657
five years and that has continuously operated and will be operated	658
exclusively to provide, or to contribute to the support of	659
organizations or institutions organized and operated exclusively	660
to provide, hospital, medical, research, or therapeutic services	661
for the public.	662

(Q) "Senior citizen's organization" means any private	663
organization, not organized for profit, that is organized and	664
operated exclusively to provide recreational or social services	665
for persons who are fifty-five years of age or older and that is	666
described and qualified under subsection 501(c)(3) of the Internal	667
Revenue Code.	668

(R) "Charitable bingo game" means any bingo gamedescribed in	669
division (S)(1) or (2) of this section, except for a raffle, that	670
is conducted by a charitable organization that has obtained a	671
bingo license pursuant to section 2915.08 of the Revised Code and	672
the proceeds of which are used for a charitable purpose.	673

(S) "BingoExcept as otherwise provided in this chapter,	674
"bingo" means either of the following:	675

(1) A game with all of the following characteristics:

676

(a) The participants use bingo cards or sheets that are	677
divided into twenty-five spaces arranged in five horizontal and	678
five vertical rows of spaces, with each space, except the central	679
space, being designated by a combination of a letter and a number	680
and with the central space being designated as a free space.	681

(b) The participants cover the spaces on the bingo cards or	682
sheets that correspond to combinations of letters and numbers that	683
are announced by a bingo game operator.	684

(c) A bingo game operator announces combinations of letters	685
and numbers that appear on objects that a bingo game operator	686
selects by chance, either manually or mechanically, from a	687
receptacle that contains seventy-five objects at the beginning of	688
each game, each object marked by a different combination of a	689
letter and a number that corresponds to one of the seventy-five	690
possible combinations of a letter and a number that can appear on	691
the bingo cards or sheets.	692

(d) The winner of the bingo game includes any participant	693
who properly announces during the interval between the	694
announcements of letters and numbers as described in division	695
(S)(1)(c) of this section, that a predetermined and preannounced	696
pattern of spaces has been covered on a bingo card or sheet being	697
used by the participant.	698

(2) Any scheme or game other than a game as defined in	699
division (S)(1) of this section with the following	700
characteristics:	701

(a) The participants use cards, sheets, or other devices	702
that are divided into spaces arranged in horizontal, vertical, or	703
diagonal rows of spaces, with each space, except free spaces,	704
being designated by a single letter, number, or symbol; by a	705
combination of letters, numbers, or symbols; by a combination of a	706
letter and a number, a letter and a symbol, or a number and a	707
symbol; or by any combination of letters, numbers, and symbols,	708
with some or none of the spaces being designated as a free,	709
complimentary, or similar space.	710

(b) The participants cover the spaces on the cards, sheets,	711
or devices that correspond to letters, numbers, symbols, or	712
combinations of such that are announced by a bingo game operator	713
or otherwise transmitted to the participants.	714

(c) A bingo game operator announces, or otherwise transmits	715
to the participants, letters, numbers, symbols, or any combination	716
of such as set forth in division (S)(2)(a) of this section that	717
appear on objects that a bingo game operator selects by chance	718
that correspond to one of the possible letters, numbers, symbols,	719
or combinations of such that can appear on the bingo cards,	720
sheets, or devices.	721

(d) The winner of the bingo game is any participant who	722
properly announces that a predetermined and preannounced pattern	723
of spaces has been covered on a card, sheet, or device being used	724
by the participantInstant bingo, seal cards, and raffles.	725

(T) "Conduct" means to back, promote, organize, manage, carry	726
on, or prepare for the operation of bingo or a scheme or game of	727
chance but does not include any act performed by a bingo game	728
operator.	729

(U) "Bingo game operator" means any person, except security	730
personnel, who performs work or labor at the site of a bingo game	731
session or at the site of instant bingo conducted other than at a	732
bingo session, including, but not limited to, collecting money	733
from participants, handing out bingo cards or sheets or objects to	734
cover spaces on the bingo cards or sheets, selling bingo cards or	735
sheets, selecting from a receptacle the objects that contain the	736
combination of letters and numbers that appear on the bingo cards	737
or sheets, calling out the combinations of those letters and	738
numbers, identifying winners, distributing prizes to the winner of	739
the bingo game, selling instant bingo tickets or raffle tickets,	740
selecting raffle tickets from a receptacle and announcing the	741
winning numbers in a raffle, cleaning up the premises, and	742
preparing, selling, and serving food or beverages.	743

(V) "Participant" means any person who plays bingo by	744
covering the spaces on a bingo card that correspond to	745
combinations of letters and numbers that are announced by a bingo	746
game operator.	747

(W) "Bingo session" means a period, notthat includes both of	748
the following:	749

(1) Not to exceed five continuous hours, during which a	750
person conducts one or more bingo gamesfor the conduct of one or	751
more games described in division (S)(1) of this section and	752
instant bingo;	753

(2) A period for the conduct of instant bingo for not more	754
than one hour before and not more than one hour after the period	755
described in division (W)(1) of this section.	756

(X) "Gross receipts" means all money or assets, including	757
admission fees, that a person receives from a bingo session that,	758
the person conductsconduct of instant bingo other than at a	759
bingo session, or a raffle without the deduction of any amounts	760
for prizes paid out during the session or for the expenses of	761
conducting the bingo session, the instant bingo other than at a	762
bingo session, or the raffle. "Gross receipts" does not include	763
any money directly taken in from the sale of food or beverages by	764
a charitable organization conducting a bingo session or instant	765
bingo other than at a bingo session, or by a bona fide auxiliary	766
unit or society of a charitable organization, at a bingo session	767
conducted by the charitable organizationconducting a bingo	768
session or instant bingo other than at a bingo session, provided	769
that all of the following apply:	770

(1) The auxiliary unit or society has been in existence as a	771
bona fide auxiliary unit or society of the charitable organization	772
for at least two years prior to conducting the bingo session or	773
the instant bingo other than at a bingo session.	774

(2) The person who purchases the food or beverage receives	775
nothing of value except the food or beverage and items customarily	776
received with the purchase of that food or beverage.	777

(3) The food and beverages are sold at customary and	778
reasonable prices.	779

(4) No person preparing, selling, or serving the food or	780
beverages at the site of the bingo gamesession or at the site of	781
the instant bingo conducted other than at a bingo session receives	782
directly or indirectly any form of compensation for the	783
preparation, sale, or service of the food or beverages.	784

(Y) "Security personnel" includes any person who either is a	785
sheriff, deputy sheriff, marshal, deputy marshal, township	786
constable, or member of an organized police department of a	787
municipal corporation or has successfully completed a peace	788
officer's training course pursuant to sections 109.71 to 109.79 of	789
the Revised Code and who is hired to provide security for the	790
premises on which a bingo gamesession is conducted or for the	791
premises on which instant bingo is conducted other than at a bingo	792
session.	793

(Z) "To use gross receipts for a charitableCharitable	794
purpose" means that the proceedsnet profit of the bingo game are	795
session, the conduct of instant bingo other than at a bingo	796
session, or the raffle is used by, or given, donated, or otherwise	797
transferred to, any of the following:	798

(1) Any organization that is described in subsection	799
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	800
and is either a governmental unit or an organization that is tax	801
exempt under subsection 501(a) and described in subsection	802
501(c)(3) of the Internal Revenue Code; that the proceeds of the	803
bingo game are used by, or given, donated, or otherwise	804
transferred to a	805

(2) A veteran's organization, as defined in division (K) of	806
this section, that is a post, chapter, or organization of war	807
veterans, or an auxiliary unit or society of, or a trust or	808
foundation for, any such post, chapter, or organization organized	809
in the United States or any of its possessions, at least	810
seventy-five per cent of the members of which are war veterans and	811
substantially all of the other members of which are individuals	812
who are veterans (but not war veterans) or are cadets, or are	813
spouses, widows, or widowers of war veterans, or such individuals,	814
provided that no part of the net earnings of such post or	815
organization inures to the benefit of any private shareholder or	816
individual, and further provided that the bingo game proceeds are	817
net profit is used by the post or organization for the charitable	818
purposes set forth in division (B)(12) of section 5739.02 of the	819
Revised Code, areis used for awarding scholarships to or for	820
attendance at an institution mentioned in division (B)(12) of	821
section 5739.02 of the Revised Code, areis donated to a	822
governmental agency, or areis used for nonprofit youth	823
activities, the purchase of United States or Ohio flags that are	824
donated to schools, youth groups, or other bona fide nonprofit	825
organizations, promotion of patriotism, or disaster relief; that	826
the proceeds of the bingo game are used by, or given, donated, or	827
otherwise transferred to a	828

(3) A fraternal organization that has been in continuous	829
existence in this state for fifteen years for useand that uses	830
the net profit exclusively for religious, charitable, scientific,	831
literary, or educational purposes, or for the prevention of	832
cruelty to children or animals and contributions for such use	833
would qualify as a deductible charitable contribution under	834
subsection 170 of the Internal Revenue Code; or that the proceeds	835
of the bingo game are used by a	836

(4) A volunteer fire fighter'sfirefighter's organization and	837
are used by the organizationthat uses the net profit for the	838
purposes set forth in division (L) of this section.	839

(AA) "Internal Revenue Code" means the "Internal Revenue Code	840
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	841
amended.	842

(BB) "Youth athletic organization" means any organization,	843
not organized for profit, that is organized and operated	844
exclusively to provide financial support to, or to operate,	845
athletic activities for persons who are twenty-one years of age or	846
younger by means of sponsoring, organizing, operating, or	847
contributing to the support of an athletic team, club, league, or	848
association.	849

(CC) "Youth athletic park organization" means any	850
organization, not organized for profit, that satisfies both of the	851
following:	852

(1) It owns, operates, and maintains playing fields that	853
satisfy both of the following:	854

(a) The playing fields are used at least one hundred days	855
per year for athletic activities by one or more organizations, not	856
organized for profit, each of which is organized and operated	857
exclusively to provide financial support to, or to operate,	858
athletic activities for persons who are eighteen years of age or	859
younger by means of sponsoring, organizing, operating, or	860
contributing to the support of an athletic team, club, league, or	861
association.	862

(b) The playing fields are not used for any profit-making	863
activity at any time during the year.	864

(2) It uses the proceeds of the bingo gamessessions it	865
conducts, and instant bingo it conducts other than at bingo	866
sessions, exclusively for the operation, maintenance, and	867
improvement of its playing fields of the type described in	868
division (CC)(1) of this section.	869

(DD) "Amateur athletic organization" means any organization,	870
not organized for profit, that is organized and operated	871
exclusively to provide financial support to, or to operate,	872
athletic activities for persons who are training for amateur	873
athletic competition that is sanctioned by a national governing	874
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	875
3045, 36 U.S.C.A. 373.	876

(EE)"Bingo supplies" means bingo cards or sheets, devices	877
for selecting the objects that contain the combination of bingo	878
letters and numbers, instant bingo tickets, raffle tickets, and	879
seal cards. Items that are bingo supplies are not gambling	880
devices if sold and used in accordance with this chapter.	881

(FF) "Instant bingo" means a form of bingo in which one or	882
more prizes are won by one or more persons who have purchased,	883
folded, or banded tickets with perforated break-open tabs, a face	884
of which is covered or otherwise hidden from view to conceal a	885
number, letter, or symbol, or set of numbers, letters, or symbols,	886
some of which have been designated in advance as prize winners.	887

(GG) "Raffle" means a form of bingo in which one or more	888
prizes are won by one or more persons who have purchased a raffle	889
ticket and in which one or more winners of the raffle are	890
determined by drawing a ticket stub or other detachable section	891
from a receptacle containing ticket stubs or detachable sections	892
corresponding to all tickets sold for the raffle.	893

(HH) "Distributor" means any person who purchases or obtains	894
bingo supplies and who sells, offers for sale, or otherwise	895
provides or offers to provide the bingo supplies to another person	896
for use in this state.	897

(II) "Manufacturer" means any person who assembles completed	898
bingo supplies from raw materials, other items, or subparts or who	899
modifies, converts, adds to, or removes parts from bingo supplies	900
to further their promotion or sale.	901

(JJ) "Gross profit" means gross receipts minus the amount	902
actually expended for the payment of prize awards.	903

(KK) "Net profit" means gross profit minus the expenses	904
described in division (A)(2) of section 2915.09 of the Revised	905
Code.	906

(LL) Unless the context requires a different meaning,	907
"premises" means a building in which a bingo session is conducted	908
or in which instant bingo is conducted other than at a bingo	909
session, but does not include any area of land surrounding the	910
building unless the area is used by a charitable organization in	911
conjunction with games of chance authorized by division (D)(1) of	912
section 2915.02 of the Revised Code. As used in this division,	913
"charitable organization" means a charitable organization that is	914
tax exempt under subsection 501(a) and described in subsection	915
501(c)(3) of the Internal Revenue Code.	916

(MM) "Revoke" means to void permanently all rights and	917
privileges of the holder of a license issued under section	918
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	919
gaming license issued by another jurisdiction.	920

(NN) "Suspend" means to interrupt temporarily all rights and	921
privileges of the holder of a license issued under section	922
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	923
gaming license issued by another jurisdiction.	924

(OO) "Seal card" means a board or placard used in	925
conjunction with instant bingo tickets that contain one or more	926
seals that, when removed or opened, reveal predesignated winning	927
numbers, letters, or symbols.	928

(PP) "Slot machine" means either of the following:

929

(1) Any mechanical, electronic, or digital device that is	930
capable of accepting anything of value, directly or indirectly,	931
from or on behalf of a player who gives the thing of value in the	932
hope of gain, the outcome of which is determined largely or wholly	933
by chance;	934

(2) Any mechanical, electronic, or digital device that is	935
capable of accepting anything of value, directly or indirectly,	936
from or on behalf of a player to conduct or dispense bingo or a	937
scheme or game of chance.	938

Sec. 2915.02.  (A) No person shall do any of the following:

939

(1) Engage in bookmaking, or knowingly engage in conduct	940
that facilitates bookmaking;	941

(2) Establish, promote, or operate or knowingly engage in	942
conduct that facilitates any scheme or game of chance conducted	943
for profit;	944

(3) Knowingly procure, transmit, exchange, or engage in	945
conduct that facilitates the procurement, transmission, or	946
exchange of information for use in establishing odds or	947
determining winners in connection with bookmaking or with any	948
scheme or game of chance conducted for profit;	949

(4) Engage in betting or in playing any scheme or game of	950
chance, except a charitable bingo game, as a substantial source of	951
income or livelihood;	952

(5) Purchase bingo supplies for any consideration other than	953
payment by check;	954

(6) With purpose to violate division (A)(1), (2), (3), or	955
(4), or (5) of this section, acquire, possess, control, or operate	956
any gambling device.	957

(B) For purposes of division (A)(1) of this section, a	958
person facilitates bookmaking if the person in any way knowingly	959
aids an illegal bookmaking operation, including, without	960
limitation, placing a bet with a person engaged in or facilitating	961
illegal bookmaking. For purposes of division (A)(2) of this	962
section, a person facilitates a scheme or game of chance conducted	963
for profit if the person in any way knowingly aids in the conduct	964
or operation of any such scheme or game, including, without	965
limitation, playing any such scheme or game.	966

(C) This section does not prohibit conduct in connection	967
with gambling expressly permitted by law.	968

(D) This section does not apply to any of the following:

969

(1) Schemes of chance conducted by a charitable organization	970
that is, and has received from the internal revenue service a	971
determination letter that is currently in effect stating that the	972
organization is, exempt from federal income taxation under	973
subsection 501(a) and described in subsection 501(c)(3) of the	974
Internal Revenue Code, provided that all of the money or assets	975
received from the scheme of chance after deduction only of prizes	976
paid out during the conduct of the scheme of chance are used by,	977
or given, donated, or otherwise transferred to, any organization	978
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	979
of the Internal Revenue Code and is either a governmental unit or	980
an organization that is tax exempt under subsection 501(a) and	981
described in subsection 501(c)(3) of the Internal Revenue Code,	982
and provided that the scheme of chance is not conducted during, or	983
within ten hours of, a bingo game conducted for amusement purposes	984
only pursuant to section 2915.12 of the Revised Code;	985

(2) Games of chance, if all of the following apply:

986

(a) The games of chance are not craps for money, roulette	987
for money, or slot machines;.	988

(b) The games of chance are conducted by a charitable	989
organization that is, and has received from the internal revenue	990
service a determination letter that is currently in effect,	991
stating that the organization is, exempt from federal income	992
taxation under subsection 501(a) and described in subsection	993
501(c)(3) of the Internal Revenue Code;;	994

(c) The games of chance are conducted at festivals of the	995
charitable organization that are conducted either for a period of	996
four consecutive days or less and not more than twice ain any	997
calendar year or for a period of five consecutive days not more	998
than once ain any calendar year, and are conducted on premises	999
owned by the charitable organization for a period of no less than	1000
one year immediately preceding the conducting of the games of	1001
chance, on premises leased from a governmental unit, or on	1002
premises that are leased from a veteran's or fraternal	1003
organization and that have been owned by the lessor veteran's or	1004
fraternal organization for a period of no less than one year	1005
immediately preceding the conducting of the games of chance.	1006

A charitable organization shall not lease premises from a	1007
veteran's or fraternal organization to conduct a festival	1008
described in division (D)(2)(1)(c) of this section if the	1009
veteran's or fraternal organization already has leased the	1010
premises four times during the precedingthat calendar year to	1011
charitable organizations for that purpose. If a charitable	1012
organization leases premises from a veteran's or fraternal	1013
organization to conduct a festival described in division	1014
(D)(2)(1)(c) of this section, the charitable organization shall	1015
not pay a rental rate for the premises per day of the festival	1016
that exceeds the rental rate per bingo session that a charitable	1017
organization may pay under division (A)(3) of section 2915.09 of	1018
the Revised Code when it leases premises from another charitable	1019
organization to conduct bingo games.	1020

(d) All of the money or assets received from the games of	1021
chance after deduction only of prizes paid out during the conduct	1022
of the games of chance are used by, or given, donated, or	1023
otherwise transferred to, any organization that is described in	1024
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	1025
Revenue Code and is either a governmental unit or an organization	1026
that is tax exempt under subsection 501(a) and described in	1027
subsection 501(c)(3) of the Internal Revenue Code;.	1028

(e) The games of chance are not conducted during, or within	1029
ten hours of, a bingo game conducted for amusement purposes only	1030
pursuant to section 2915.12 of the Revised Code and are not	1031
conducted on any premises for which a permit for the sale of beer	1032
or intoxicating liquor has been issued under Chapter 4303. of the	1033
Revised Code.	1034

No person shall receive any commission, wage, salary, reward,	1035
tip, donation, gratuity, or other form of compensation, directly	1036
or indirectly, for operating or assisting in the operation of any	1037
scheme or game of chance.	1038

(3)(2) Any tag fishing tournament operated under a permit	1039
issued under section 1533.92 of the Revised Code, as "tag fishing	1040
tournament" is defined in section 1531.01 of the Revised Code.	1041

(E) Division (D) of this section shall not be construed to	1042
authorize the sale, lease, or other temporary or permanent	1043
transfer of the right to conduct schemes of chance or games of	1044
chance, as granted by that division (D) of this section, by any	1045
charitable organization that is granted that right.	1046

(F) Whoever violates this section is guilty of gambling,.	1047
Except as otherwise provided in this division, gambling is a	1048
misdemeanor of the first degree. If the offender previously has	1049
been convicted of any gambling offense, gambling is a felony of	1050
the fifth degree.	1051

Sec. 2915.04.  (A) No person, while at a hotel, restaurant,	1052
tavern, store, arena, hall, or other place of public	1053
accommodation, business, amusement, or resort shall make a bet or	1054
play any game of chance.	1055

(B) No person, being the owner or lessee, or having custody,	1056
control, or supervision, of a hotel, restaurant, tavern, store,	1057
arena, hall, or other place of public accommodation, business,	1058
amusement, or resort shall recklessly permit suchthose premises	1059
to be used or occupied in violation of division (A) of this	1060
section.	1061

(C) This(1) No person, while at a tavern or other	1062
establishment at which beer or intoxicating liquor is sold for	1063
consumption on the premises, shall play bingo or any game of	1064
chance that a charitable organization conducts.	1065

(2) No person who is the owner or lessee, or who has	1066
custody, control, or supervision, of a tavern or other	1067
establishment at which beer or intoxicating liquor is sold for	1068
consumption on the premises shall recklessly permit the premises	1069
to be used or occupied for a purpose described in division (C)(1)	1070
of this section.	1071

(D) Divisions (A) and (B) of this section doesdo not	1072
prohibit conduct in connection with gambling expressly permitted	1073
by law.	1074

(D)(E) Whoever violates this section is guilty of public	1075
gaming,. Except as otherwise provided in this division, public	1076
gaming is a minor misdemeanor. If the offender has previously has	1077
been convicted of any gambling offense, public gaming is a	1078
misdemeanor of the fourth degree.	1079

(E)(F) Premises used or occupied in violation of division	1080
(B) or (C) of this section constitute a nuisance subject to	1081
abatement pursuant to sections 3767.01 to 3767.99under Chapter	1082
3767. of the Revised Code.	1083

Sec. 2915.05.  (A) No person, with purpose to defraud or	1084
knowing that the person is facilitating a fraud, shall engage in	1085
conduct designed to corrupt the outcome of any of the following:	1086

(1) The subject of a bet;

1087

(2) A contest of knowledge, skill, or endurance that is not	1088
an athletic or sporting event;	1089

(3) A scheme or game of chance;

1090

(4) Bingo.

1091

(B) No person shall knowingly do any of the following:

1092

(1) Offer, give, solicit, or accept anything of value to	1093
corrupt the outcome of an athletic or sporting event;	1094

(2) Engage in conduct designed to corrupt the outcome of an	1095
athletic or sporting event.	1096

(C)(1) Whoever violates division (A) of this section is	1097
guilty of cheating,. Except as otherwise provided in this	1098
division, cheating is a misdemeanor of the first degree. If the	1099
potential gain from the cheating is five hundred dollars or more	1100
or if the offender previously has been convicted of any gambling	1101
offense or of any theft offense, as defined in section 2913.01 of	1102
the Revised Code, cheating is a felony of the fifth degree.	1103

(2) Whoever violates division (B) of this section is guilty	1104
of corrupting sports. Corrupting sports is a felony of the fifth	1105
degree on a first offense and a felony of the fourth degree on	1106
each subsequent offense.	1107

Sec. 2915.07.  (A) No(1) Except as otherwise provided in	1108
division (A)(2) of this section, no person, except a charitable	1109
organization that has obtained a bingo license pursuant to section	1110
2915.08 of the Revised Code, shall conduct or advertise a bingo	1111
gamesession or any form of bingo described in division (S)(1) or	1112
(2) of section 2915.01 of the Revised Code.	1113

(2) Division (A)(1) of this section does not apply to a	1114
raffle conducted in accordance with section 2915.092 of the	1115
Revised Code.	1116

(B) Whoever violates this section is guilty of conducting an	1117
illegal bingo game,. Except as otherwise provided in this	1118
division, conducting illegal bingo is a felony of the fourth	1119
degree. If the offender previously has been convicted of a	1120
violation of this section, conducting illegal bingo is a felony of	1121
the second degree.	1122

Sec. 2915.08.  (A)(1) Annually before the first day of	1123
January, a charitable organization that desires to conduct bingo	1124
gamessessions or instant bingo other than at a bingo session	1125
shall make out and deliver to the attorney general, upon a form to	1126
be furnished by the attorney general for that purpose, an	1127
application for a license to conduct bingo sessions or instant	1128
bingo other than at a bingo session and deliver that application	1129
to the attorney general together with a license fee of one hundred	1130
dollars or athat is based upon the sum of the total gross	1131
receipts of the charitable organization, and the total of all	1132
money or assets received by any person that operates or assists in	1133
the operation of any game of chance for the charitable	1134
organization, during the one-year period ending on the	1135
thirty-first day of October of the year immediately preceding the	1136
year for which the license is sought, as follows:	1137

(a) Five hundred dollars, if the sum is less than two hundred	1138
fifty thousand dollars;	1139

(b) One thousand dollars, if the sum is at least two hundred	1140
fifty thousand dollars but less than five hundred thousand	1141
dollars;	1142

(c) One thousand five hundred dollars, if the sum is at least	1143
five hundred thousand dollars but less than seven hundred fifty	1144
thousand dollars;	1145

(d) Two thousand dollars, if the sum is at least seven	1146
hundred fifty thousand dollars but less than one million dollars;	1147

(e) Three thousand five hundred dollars, if the sum is at	1148
least one million dollars but less than one million five hundred	1149
thousand dollars;	1150

(f) Five thousand dollars, if the sum is one million five	1151
hundred thousand dollars or more;	1152

(g) A reduced license fee established by the attorney general	1153
pursuant to division (G) of this section. The	1154

(2) The attorney general shall deposit all license fees	1155
received under division (A)(1) or (F) of this section into the	1156
state treasury to the credit of the charitable law fund	1157
established under section 109.32 of the Revised Code.	1158

(3) The application shall be in the form prescribed by the	1159
attorney general and, shall be signed and sworn to by the	1160
applicant.	1161

The application, and shall contain the following:

1162

(1)(a) The name and post-office address of, and the address	1163
of the principal place of business of, the applicant;	1164

(2)(b) A statement that the applicant is a charitable	1165
organization and that it has been in continuous existence as a	1166
charitable organization in this state for two years immediately	1167
preceding the making of the application or for five years in the	1168
case of a fraternal organization or a nonprofit medical	1169
organization;	1170

(3)(c) The locationpremises at which the organization will	1171
conduct the bingo gamesessions or instant bingo other than at a	1172
bingo session, which locationpremises shall be within the county	1173
in which the principal place of business of the applicant is	1174
located, the days of the week and the times on each of those days	1175
when a bingo session or instant bingo other than at a bingo	1176
session will be conducted, whether the organization owns, leases,	1177
or subleases the premises, and a copy of the rental agreement if	1178
it leases or subleases the premises;	1179

(4)(d) A statement of the applicant's previous history,	1180
record, and association that is sufficient to establish that the	1181
applicant is a charitable organization, and a copy of a	1182
determination letter that is issued by the Internal Revenue	1183
Service and states that the organization is tax exempt under	1184
subsection 501(a) and described in subsection 501(c)(3),	1185
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	1186
Revenue Code;	1187

(5)(e) A statement as to whether the applicant has ever had	1188
any previous application refused in this state or in any other	1189
jurisdiction, whether it previously has had a license revoked or	1190
suspended in this state or in any other jurisdiction, and the	1191
reason stated by the attorney generallicensing authority for the	1192
refusal, revocation, or suspension;	1193

(6)(f) A statement of the charitable purpose for which the	1194
bingo proceedsnet profit will be used;	1195

(7)(g) Other necessary and reasonable information that the	1196
attorney general may require by rule adopted pursuant to section	1197
111.15 of the Revised Code;	1198

(8)(h) If the applicant is a charitable trust as defined in	1199
section 109.23 of the Revised Code, a statement as to whether it	1200
has registered with the attorney general pursuant to section	1201
109.26 of the Revised Code or filed annual reports pursuant to	1202
section 109.31 of the Revised Code, and, if it is not required to	1203
do either, the exemption in section 109.26 or 109.31 of the	1204
Revised Code that applies to it;	1205

(9)(i) If the applicant is a charitable organization as	1206
defined in section 1716.01 of the Revised Code, a statement as to	1207
whether it has filed with the attorney general a registration	1208
statement pursuant to section 1716.02 of the Revised Code and a	1209
financial report pursuant to section 1716.04 of the Revised Code,	1210
and, if it is not required to do both, the exemption in section	1211
1716.03 of the Revised Code that applies to it;	1212

(10)(j) In the case of an applicant seeking to qualify as a	1213
youth athletic park organization under division (CC) of section	1214
2915.01 of the Revised Code, a statement issued by a board or body	1215
vested with authority under Chapter 755. of the Revised Code for	1216
the supervision and maintenance of recreation facilities in the	1217
territory in which the organization is located, certifying that	1218
the playing fields owned by the organization were used for at	1219
least one hundred days during the year in which the statement is	1220
issued, and were open for use to all residents of that territory,	1221
regardless of race, color, creed, religion, sex, or national	1222
origin, for athletic activities by youth athletic organizations,	1223
as defined in division (BB) of section 2915.01 of the Revised	1224
Code, that do not discriminate on the basis of race, color, creed,	1225
religion, sex, or national origin, and that the fields were not	1226
used for any profit-making activity at any time during the year.	1227
That type of board or body is authorized to issue the statement	1228
upon request and shall issue the statement if it finds that the	1229
applicant's playing fields were so used.	1230

(4) The attorney general, within thirty days after receiving	1231
a timely filed application from a charitable organization that has	1232
been issued a bingo license under this section that has not	1233
expired and has not been revoked or suspended, shall send a	1234
temporary permit to the applicant specifying the date on which the	1235
application was filed with the attorney general and stating that,	1236
pursuant to section 119.06 of the Revised Code, the applicant may	1237
continue to conduct bingo gamessessions or instant bingo other	1238
than at a bingo session until a new license is granted or, if the	1239
application is rejected, until fifteen days after notice of the	1240
rejection is mailed to the applicant. The temporary permit does	1241
not affect the validity of the applicant's application and does	1242
not grant any rights to the applicant except those rights	1243
specifically granted in section 119.06 of the Revised Code. The	1244
issuance of a temporary permit by the attorney general pursuant to	1245
this paragraphdivision does not prohibit the attorney general	1246
from rejecting the applicant's application because of acts that	1247
the applicant committed, or actions that the applicant failed to	1248
take, before or after the issuance of the temporary permit.	1249

(B)(1) The attorney general shallmay adopt rules to enforce	1250
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised	1251
Code to ensure that bingo gamessessions are conducted, and	1252
instant bingo other than at a bingo session is conducted, in	1253
accordance with those sections, and to maintain proper control	1254
over the conduct of bingo gamessessions and instant bingo other	1255
than at a bingo session. The rules, except rules adopted pursuant	1256
to divisiondivisions (A)(7)(3)(g) and (G) of this section, shall	1257
be adopted pursuant to Chapter 119. of the Revised Code. The	1258
attorney general shall license charitable organizations to conduct	1259
bingo gamessessions and instant bingo other than at a bingo	1260
session in conformance with this chapter and with the licensing	1261
provisions of Chapter 119. of the Revised Code.	1262

(2) The attorney general may refuse to grant a bingo license	1263
to any organization, or revoke or suspend the license of any	1264
organization, that does any of the following or to which any of	1265
the following applies:	1266

(a) Fails or has failed at any time to meet any requirement	1267
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	1268
2915.11 of the Revised Code, or violates or has violated any	1269
provision of sections 2915.02 or 2915.07 to 2915.12 of the Revised	1270
Code or any rule adopted by the attorney general pursuant to this	1271
section;	1272

(b) Makes or has made an incorrect or false statement that	1273
is material to the granting of the license in an application filed	1274
pursuant to division (A) of this section;	1275

(c) Submits or has submitted any incorrect or false	1276
information relating to an application if the information is	1277
material to the granting of the license;	1278

(d) Maintains or has maintained any incorrect or false	1279
information that is material to the granting of the license in the	1280
records required to be kept pursuant to divisiondivisions (A) and	1281
(C) of section 2915.10 of the Revised Code, if applicable;	1282

(e) The attorney general has good cause to believe that the	1283
organization will not conduct its bingo gamessessions or instant	1284
bingo other than at a bingo session in accordance with sections	1285
2915.02 and 2915.07 to 2915.12 of the Revised Code or with any	1286
rule adopted by the attorney general pursuant to this section.	1287

(3) For the purposes of this division (B) of this section,	1288
any action of an officer, trustee, agent, representative, or bingo	1289
game operator of an organization is an action of the organization.	1290

(C) The attorney general shall not grant more than one	1291
license to a particular charitable organization. The attorney	1292
general may grant bingo licenses to charitable organizations that	1293
are branches, lodges, or chapters of national charitable	1294
organizations.	1295

(D) The attorney general shall send notice in writing to the	1296
prosecuting attorney and sheriff of the county in which the	1297
organization will conduct the bingo gamesessions or instant bingo	1298
other than at a bingo session, as stated in its application for a	1299
license or amended license, and to any other law enforcement	1300
agency in that county that so requests, of all of the following:	1301

(1) The issuance of the license;

1302

(2) The issuance of the amended license;

1303

(3) The rejection of an application for and refusal to grant	1304
a license;	1305

(4) The revocation of any license previously issued;

1306

(5) The suspension of any license previously issued.

1307

(E) A bingo license issued by the attorney general shall set	1308
forth the information contained on the application of the	1309
charitable organization that the attorney general determines is	1310
relevant, including, but not limited to, the locationpremises at	1311
which the organization will conduct the bingo gamesessions or	1312
instant bingo other than at a bingo session and the days of the	1313
week and the times on each of those days when a bingo session or	1314
instant bingo other than at a bingo session will be conducted. If	1315
the attorney general refuses to grant or revokes or suspends a	1316
bingo license, the attorney general shall notify the applicant in	1317
writing and specifically identify the reason for the refusal,	1318
revocation, or suspension in narrative form and, if applicable, by	1319
identifying the section of the Revised Code violated. The failure	1320
of the attorney general to give the written notice of the reasons	1321
for the refusal, revocation, or suspension or a mistake in the	1322
written notice does not affect the validity of the attorney	1323
general's refusal to grant, or the revocation or suspension of, a	1324
bingo license. If the attorney general fails to give the written	1325
notice or if there is a mistake in the written notice, the	1326
applicant may bring an action to compel the attorney general to	1327
comply with this division or to correct the mistake, but the	1328
attorney general's order refusing to grant, or revoking or	1329
suspending, a bingo license shall not be enjoined during the	1330
pendency of the action.	1331

(F) A charitable organization that has been issued a bingo	1332
license pursuant to division (B) of this section but that cannot	1333
conduct bingo sessions, or instant bingo other than at a bingo	1334
session, at the locationpremises, or on the day of the week or	1335
the time, specified on the license due tobecause of circumstances	1336
beyond its control may apply, without charge, in writing to the	1337
attorney general for an amended bingo license. The organization	1338
shall submit an amended license fee of five hundred dollars with	1339
the application. The application shall describe in detail the	1340
causes making it impossible for the organization to conduct its	1341
bingo sessions or instant bingo other than at a bingo session in	1342
conformity with its license and shall indicate the location	1343
premises, days of the week, and times on each of those days when	1344
it desires to conduct a bingo session or instant bingo other than	1345
at a bingo session. If the attorney general approves the	1346
application for the amended license, the attorney general shall	1347
issue the amended license in accordance with division (E) of this	1348
section, and the organization shall surrender its original license	1349
to the attorney general. The attorney general shall refuse to	1350
grant an application for an amended bingo license according to the	1351
terms of division (B) of this section.	1352

(G) The attorney general, by rule adopted pursuant to	1353
section 111.15 of the Revised Code, shall establish a schedule of	1354
reduced license fees for charitable organizations that desire to	1355
conduct bingo gamessessions or instant bingo other than at a	1356
bingo session during fewer than twenty-six weeks in any calendar	1357
year. Those fees shall be paid under division (A)(1)(g) of this	1358
section to the attorney general, and the attorney general shall	1359
deposit them in accordance with division (A)(2) of this section.	1360

Sec. 2915.081. (A)No person shall sell, offer to sell, or	1361
otherwise provide or offer to provide bingo supplies for use in	1362
this state without having obtained a license from the attorney	1363
general under this section.	1364

(B) The attorney general may issue a distributor license to	1365
any person that meets the requirements of this section. The	1366
application for a distributor license shall be on a form	1367
prescribed by the attorney general and be accompanied by the	1368
annual fee prescribed by this section. A distributor license is	1369
valid for a period of one year, and the annual fee for this	1370
license is twenty-five hundred dollars.	1371

(C) The attorney general may refuse to issue a distributor	1372
license to any person to which any of the following applies, or to	1373
any person that has an officer, partner, or other person who has	1374
an ownership interest of ten per cent or more and to whom any of	1375
the following applies:	1376

(1) The person, officer, or partner has been convicted of a	1377
felony under the laws of this state, another state, or the United	1378
States.	1379

(2) The person, officer, or partner has been convicted of	1380
any gambling offense.	1381

(3) The person, officer, or partner has made an incorrect or	1382
false statement that is material to the issuing of a license in an	1383
application submitted to the attorney general under this section	1384
or in a similar application submitted to a gambling licensing	1385
authority in another jurisdiction if the statement resulted in	1386
license revocation through administrative action in the other	1387
jurisdiction.	1388

(4) The person, officer, or partner has submitted any	1389
incorrect or false information relating to the application under	1390
this section, if the information is material to the issuing of the	1391
license.	1392

(5) The person, officer, or partner has maintained any	1393
incorrect or false information that is material to the issuing of	1394
the license in the records required to be maintained under	1395
division (E) of section 2915.10 Of the Revised Code.	1396

(6) The person, officer, or partner has had a license	1397
related to gambling revoked or suspended under the laws of this	1398
state, another state, or the United States.	1399

(D) The attorney general shall not issue a distributor	1400
license to any person that is involved in the conduct of bingo on	1401
behalf of a charitable organization or that is a lessor of	1402
premises used for the conduct of bingo.	1403

(E)(1) No distributor shall sell, offer to sell, or	1404
otherwise provide or offer to provide bingo supplies to any person	1405
in this state except to a charitable organization licensed under	1406
section 2915.08 of the Revised Code or to another distributor	1407
licensed under this section. No distributor shall accept payment	1408
for the sale of bingo supplies other than by check.	1409

(2) No distributor shall purchase bingo supplies for use in	1410
this state from any person except from a manufacturer licensed	1411
under section 2915.082 of the Revised Code or from another	1412
distributor licensed under this section. No distributor shall pay	1413
for purchased bingo supplies other than by check.	1414

(F)(1) The attorney general may suspend or revoke a	1415
distributor license for any of the reasons for which the attorney	1416
general may refuse to issue a distributor license specified in	1417
division (C) of this section or if the distributor holding the	1418
license violates any provision of this chapter or any rule adopted	1419
by the attorney general under this chapter.	1420

(2) The refusal to issue, the suspension of, or the	1421
revocation of a distributor license under this section is subject	1422
to Chapter 119. of the Revised Code.	1423

(G) Whoever violates division (A) or (E) of this section is	1424
guilty of illegally operating as a distributor. Except as	1425
otherwise provided in this division, illegally operating as a	1426
distributor is a misdemeanor of the first degree. If the offender	1427
previously has been convicted of a violation of division (A) or	1428
(E) of this section, illegally operating as a distributor is a	1429
felony of the fifth degree.	1430

Sec. 2915.082.  (A) No manufacturer shall sell, offer to	1431
sell, or otherwise provide or offer to provide bingo supplies for	1432
use in this state without having obtained a license from the	1433
attorney general under this section.	1434

(B) The attorney general may issue a manufacturer license to	1435
any person that meets the requirements of this section. The	1436
application for a manufacturer license shall be on a form	1437
prescribed by the attorney general and be accompanied by the	1438
annual fee prescribed by this section. A manufacturer license is	1439
valid for a period of one year, and the annual fee for this	1440
license is twenty-five hundred dollars.	1441

(C) The attorney general may refuse to issue a manufacturer	1442
license to any person to which any of the following applies, or to	1443
any person that has an officer, partner, or other person who has	1444
an ownership interest of ten per cent or more and to whom any of	1445
the following applies:	1446

(1) The person, officer, or partner has been convicted of a	1447
felony under the laws of this state, another state, or the United	1448
States.	1449

(2) The person, officer, or partner has been convicted of	1450
any gambling offense.	1451

(3) The person, officer, or partner has made an incorrect	1452
or false statement that is material to the issuing of a license	1453
in an application submitted to the attorney general under this	1454
section or in a similar application submitted to a gambling	1455
licensing authority in another jurisdiction if the statement	1456
resulted in license revocation through administrative action in	1457
the other jurisdiction.	1458

(4) The person, officer, or partner has submitted any	1459
incorrect or false information relating to an application under	1460
this section, if the information is material to the issuing of the	1461
license.	1462

(5) The person, officer, or partner has maintained any	1463
incorrect or false information that is material to the issuing of	1464
the license in the records required to be maintained under	1465
division (F) of section 2915.10 of the Revised Code.	1466

(6) The person, officer, or partner has had a license	1467
related to gambling revoked or suspended under the laws of this	1468
state, another state, or the United States.	1469

(D) No manufacturer shall sell, offer to sell, or otherwise	1470
provide or offer to provide bingo supplies to any person for use	1471
in this state except to a distributor licensed under section	1472
2915.081 of the Revised Code. No manufacturer shall accept	1473
payment for the sale of bingo supplies other than by check.	1474

(E)(1) The attorney general may suspend or revoke a	1475
manufacturer license for any of the reasons for which the attorney	1476
general may refuse to issue a manufacturer license specified in	1477
division (C) of this section or if the manufacturer holding the	1478
license violates any provision of this chapter or any rule adopted	1479
by the attorney general under this chapter.	1480

(2) The refusal to issue, the suspension of, or the	1481
revocation of a manufacturer license under this section is subject	1482
to Chapter 119. of the Revised Code.	1483

(F) Whoever violates division (A) or (D) of this section is	1484
guilty of illegally operating as a manufacturer. Except as	1485
otherwise provided in this division, illegally operating as a	1486
manufacturer is a misdemeanor of the first degree. If the	1487
offender previously has been convicted of a violation of division	1488
(A) or (D) of this section, illegally operating as a manufacturer	1489
is a felony of the fifth degree.	1490

Sec. 2915.09.  (A) A charitable organization that conducts a	1491
bingo gamesession shall do all of the following:	1492

(1) Own all of the equipment used to conduct the bingo game	1493
session or lease that equipment from a charitable organization	1494
that is licensed to conduct a bingo gameunder section 2915.08 of	1495
the Revised Code for a rental rate that is not more than is	1496
customary and reasonable for that equipment;	1497

(2) Use all of the gross receipts from the bingo game	1498
session for paying prizes, for the charitable purposes listed in	1499
its bingo license application, for purchasing or leasing bingo	1500
cards or sheets, instant bingo tickets, seal cards, and other	1501
equipment used in conducting the bingo gamesession, hiring	1502
security personnel for the bingo gamesession, or advertising the	1503
bingo game, provided thatsession, but the amount of the receipts	1504
so spent isshall not be more than is customary and reasonable for	1505
a similar purchase, lease, hiring, or advertising, and for renting	1506
premises in which to conduct the bingo gamesession, except that,	1507
if the building in which the gamebingo session is conducted is	1508
owned by the charitable organization conducting the gameit, the	1509
charitable organization may deduct from the total amount of the	1510
gross receipts from each bingo session a sum equal to the lesser	1511
of six hundred dollars or forty-five per cent of the gross	1512
receipts from the bingo session as consideration for the use of	1513
the premises;	1514

(3) Conduct the bingo gamesession on premises that are	1515
owned by the charitable organization, on premises that are owned	1516
by another charitable organization and leased from that charitable	1517
organization for a rental rate not in excess of four hundred fifty	1518
dollars per bingo session, on premises that are leased from a	1519
person other than a charitable organization for a rental rate that	1520
is not more than is customary and reasonable for premises that are	1521
similar in location, size, and quality but not in excess of four	1522
hundred fifty dollars per bingo session, or on premises that are	1523
owned by a person other than a charitable organization, that are	1524
leased from that person by another charitable organization, and	1525
that are subleased from that other charitable organization by the	1526
charitable organization for a rental rate not in excess of four	1527
hundred fifty dollars per bingo session. If the charitable	1528
organization leases from a person other than a charitable	1529
organization the premises on which it conducts bingo games	1530
sessions, the lessor of the premises shall provide only the	1531
premises,including tables and chairs, to the organization and	1532
shall not provide the organization with bingo game operators,	1533
security personnel, concessions or concession operators, bingo	1534
equipmentsupplies, or any other type of service or equipment. A	1535
charitable organization shall not lease or sublease premises that	1536
it owns or leases to more than one other charitable organization	1537
per calendar week for the purpose of conducting bingo games	1538
sessions on the premises. A person that is not a charitable	1539
organization shall not lease premises that it owns, leases, or	1540
otherwise is empowered to lease to more than one charitable	1541
organization per calendar week for conducting bingo gamessessions	1542
on the premises. In no case shall more than two bingo sessions be	1543
conducted on any premises in any calendar week.	1544

(4) Display its bingo license conspicuously at the location	1545
premises where the bingo gamesession is conducted;	1546

(5) Conduct the bingo gamesession in accordance with the	1547
definition of bingo set forth in divisiondivisions (S)(1) and(2)	1548
of section 2915.01 of the Revised Code.	1549

(B) A charitable organization that conducts a bingo game	1550
session shall not do any of the following:	1551

(1) Pay any compensation to a bingo game operator for	1552
operating a bingo gamesession that is conducted by the charitable	1553
organization or for preparing, selling, or serving food or	1554
beverages at the site of the bingo gamesession, permit any	1555
auxiliary unit or society of the charitable organization to pay	1556
compensation to any bingo game operator who prepares, sells, or	1557
serves food or beverages at a bingo session conducted by the	1558
charitable organization, or permit any auxiliary unit or society	1559
of the charitable organization to prepare, sell, or serve food or	1560
beverages at a bingo session conducted by the charitable	1561
organization, if the auxiliary unit or society pays any	1562
compensation to the bingo game operators who prepare, sell, or	1563
serve the food or beverages;	1564

(2) Pay consulting fees to any person for any services	1565
performed in relation to the bingo gamesession;	1566

(3) Pay concession fees to any person who provides	1567
refreshments to the participants in the bingo gamesession;	1568

(4) Conduct more than two bingo sessions in any seven-day	1569
period. Except that aA volunteer fire fighter'sfirefighter's	1570
organization or a volunteer rescue service organization that	1571
conducts not more than five bingo sessions in a calendar year may	1572
conduct more than two bingo sessions in a seven-day period after	1573
notifying the attorney general when it will conduct the sessions;.	1574

(5) Pay out more than three thousand five hundred dollars in	1575
prizes for any bingo game described in division (S)(1) of section	1576
2915.01 of the Revised Code during any bingo session that is	1577
conducted by the charitable organization;	1578

(6) Conduct a bingo session at any time during the ten-hour	1579
period between midnight and ten a.m., at any time during, or	1580
within ten hours of, a bingo game conducted for amusement only	1581
pursuant to section 2915.12 of the Revised Code, at any location	1582
premises not specified on its bingo license, or on any day of the	1583
week or during any time period not specified on its bingo license.	1584
If circumstances beyond its control make it impossible for the	1585
charitable organization to conduct a bingo session at the location	1586
premises specified on its bingo license or if a charitable	1587
organization wants to conduct bingo sessions on a day of the week	1588
or at a time other than the day or time specified on its bingo	1589
license, the charitable organization may apply in writing to the	1590
attorney general for an amended bingo license, pursuant to	1591
division (F) of section 2915.08 of the Revised Code. A charitable	1592
organization may apply only once in each calendar year for an	1593
amended license to conduct bingo sessions on a day of the week or	1594
at a time other than the day or time specified on its bingo	1595
license. If the amended license is granted, the organization may	1596
conduct bingo sessions at the locationpremises, on the day of the	1597
week, and at the time specified on its amended license.	1598

(7) Permit any person whom the charitable organization	1599
knows, or should have known, is under the age of eighteen years of	1600
age to work as a bingo game operator;	1601

(8) Permit any person whom the charitable organization	1602
knows, or should have known, has been convicted of a felony or	1603
gambling offense in any jurisdiction to be a bingo game operator;	1604

(9) Permit the lessor of the premises on which the bingo	1605
session is conducted, if the lessor is not a charitable	1606
organization, to provide the charitable organization with bingo	1607
game operators, security personnel, concessions, bingo equipment	1608
supplies, or any other type of service or equipment;	1609

(10) Permit any person the charitable organization knows, or	1610
should have known, to be under eighteen years of age to play bingo	1611
described in division (S)(1) of section 2915.01 of the Revised	1612
Code or to play in a raffle, except at a festival or civic	1613
celebration;	1614

(11) Purchase bingo supplies from any person except a	1615
distributor licensed under section 2915.081 of the Revised Code.	1616

(C) A bingo game operator shall not receive or accept any	1617
commission, wage, salary, reward, tip, donation, gratuity, or	1618
other form of compensation, directly or indirectly, regardless of	1619
the source, for operating a bingo gamesession or providing other	1620
work or labor at the site of the bingo gamesession.	1621

(D) Notwithstanding division (A)(3) of this section, a	1622
charitable organization that, prior to December 6, 1977, has	1623
entered into written agreements for the lease of premises it owns	1624
to another charitable organization or other charitable	1625
organizations for the conducting of bingo sessions so that more	1626
than two bingo sessions are conducted per calendar week on the	1627
premises, and a person that is not a charitable organization and	1628
that, prior to December 6, 1977, has entered into written	1629
agreements for the lease of premises it owns to charitable	1630
organizations for the conducting of more than two bingo sessions	1631
per calendar week on the premises, may continue to lease the	1632
premises to those charitable organizations, provided that no more	1633
than four sessions are conducted per calendar week, that the	1634
lessor organization or person has notified the attorney general in	1635
writing of the organizations that will conduct the sessions and	1636
the days of the week and the times of the day on which the	1637
sessions will be conducted, that the initial lease entered into	1638
with each organization that will conduct the sessions was filed	1639
with the attorney general prior to December 6, 1977, and that each	1640
organization that will conduct the sessions was issued a license	1641
to conduct bingo games by the attorney general prior to December	1642
6, 1977.	1643

(E) Whoever violates division (A)(2) of this section is	1644
guilty of illegally conducting a bingo game, a felony of the	1645
fourth degree. Whoever violates division (A)(1), (3), (4), or	1646
(5), (B), or (C) of this section is guilty ofsession. Except as	1647
otherwise provided in this division, illegally conducting a bingo	1648
session is a minor misdemeanor of the first degree. If the	1649
offender previously has been convicted of a violation of division	1650
(A)(1), (3), (4), or (5), (B), or (C) of this section, a violation	1651
of division (A)(1), (3), (4), or (5), (B), or (C) of this section	1652
illegally conducting a bingo session is a misdemeanorfelony of	1653
the firstfourth degree.	1654

Sec. 2915.091. (A)(1) No charitable organization shall	1655
conduct instant bingo or use seal cards unless that organization	1656
is, and has received from the internal revenue service a	1657
determination letter that is currently in effect stating that the	1658
organization is, exempt from federal income taxation under	1659
subsection 501(a) and is described in subsection 501(c)(3) of the	1660
Internal Revenue Code.	1661

(2) No charitable organization shall conduct instant bingo	1662
on any day, at any time, or at any premises not specified on the	1663
organization's license issued pursuant to section 2915.08 of the	1664
Revised Code.	1665

(3) No charitable organization that conducts instant bingo	1666
other than at a bingo session shall fail to comply with the	1667
requirements of sections 2915.09 and 2915.10 of the Revised Code	1668
that govern the conduct of instant bingo at a bingo session, the	1669
use of gross receipts from instant bingo conducted at a bingo	1670
session, and the keeping of instant bingo records relative to a	1671
bingo session.	1672

(B) No charitable organization that conducts instant bingo	1673
shall do any of the following:	1674

(1) Sell any instant bingo ticket for a price different from	1675
the price printed on the ticket by the manufacturer;	1676

(2) Use any instant bingo ticket as a prize or award;

1677

(3) Sell an instant bingo ticket to a person under eighteen	1678
years of age.	1679

(C) The attorney general may adopt rules, in accordance with	1680
Chapter 119. of the Revised Code, governing the sale of instant	1681
bingo tickets by charitable organizations and establishing	1682
standards for instant bingo tickets.	1683

(D) Whoever violates division (A) or (B) of this section is	1684
guilty of illegal instant bingo conduct. Except as otherwise	1685
provided in this division, illegal instant bingo conduct in	1686
violation of division (A)(1) or (2) or (B) of this section is a	1687
misdemeanor of the first degree. If the offender has previously	1688
been convicted of a violation of this section, illegal instant	1689
bingo conduct in violation of division (A)(1) or (2) or (B) of	1690
this section is a felony of the fifth degree. Illegal instant	1691
bingo conduct in violation of division (A)(3) of this section	1692
shall be punished in accordance with division (E) of section	1693
2915.09 of the Revised Code, if the offender is found to have	1694
failed to comply with the requirements of that section that govern	1695
the conduct of instant bingo at a bingo session or the use of	1696
gross receipts from instant bingo conducted at a bingo session,	1697
and shall be punished in accordance with division (J) of section	1698
2915.10 of the Revised Code, if the offender is found to have	1699
failed to comply with the requirements of that section that govern	1700
the keeping of instant bingo records relative to a bingo session.	1701

Sec. 2915.092. (A) A charitable organization does not need a	1702
license to conduct bingo, in order to conduct a raffle in	1703
accordance with this section.	1704

(B)(1) No charitable organization shall conduct a raffle	1705
unless that organization is, and has received from the internal	1706
revenue service a determination letter that is currently in effect	1707
stating that the organization is, exempt from federal income	1708
taxation under subsection 501(a) and is described in subsection	1709
501(c)(3) of the Internal Revenue Code.	1710

(2) No charitable organization shall conduct more than	1711
twelve raffles during a calendar year.	1712

(C) No raffle drawing shall be conducted on premises other	1713
than premises that a charitable organization uses for its	1714
charitable programs.	1715

(D) Whoever violates division (B) or (C) of this section is	1716
guilty of illegal conduct of a raffle. Except as otherwise	1717
provided in this division, illegal conduct of a raffle is a	1718
misdemeanor of the first degree. If the offender has previously	1719
been convicted of a violation of division (B) or (C) of this	1720
section, illegal conduct of a raffle is a felony of the fifth	1721
degree.	1722

Sec. 2915.10.  (A) A charitable organization that conducts a	1723
bingo session or scheme, raffle, or game of chance pursuant to	1724
division (D) of section 2915.02 of the Revised Code, shall	1725
maintain the following records for at least three years fromafter	1726
the date on which the bingo session or scheme, raffle, or game of	1727
chance is conducted:	1728

(1) An itemized list of the gross receipts of each bingo	1729
session or scheme, raffle, or game of chance;	1730

(2) An itemized list of all expenses other than prizes that	1731
are incurred in conducting theeach bingo session, the name of	1732
each person to whom the expenses are paid, and a receipt for all	1733
of the expenses;	1734

(3) A list of all prizes awarded during theeach bingo	1735
session or scheme, raffle, or game of chance conducted by the	1736
charitable organization,the total prizes awarded from each game,	1737
and the name and address of all persons who are winners of prizes	1738
of onesix hundred dollars or more in value;	1739

(4) An itemized list of the charitable recipients of the	1740
proceedsnet profit of theeach bingo session or scheme, raffle,	1741
or game of chance, including the name and address of each	1742
recipient to whom the money is distributed, and if the	1743
organization uses the proceedsnet profit of a bingo session, or	1744
the money or assets received from a schemeraffle or game of	1745
chance for any charitable purpose set forth in division (Z) of	1746
section 2915.01 or division (D) of section 2915.02 of the Revised	1747
Code, a list ofshowing each purpose and an itemized list of	1748
showing each expenditure for each purpose;	1749

(5) The number of persons who participate in any bingo	1750
session or scheme, raffle, or game of chance that is conducted by	1751
the charitable organization;	1752

(6) A list of receipts from the sale of food and beverages	1753
by the charitable organization or one of its auxiliary units or	1754
societies, if the receipts were excluded from the definition of	1755
"gross receipts" under division (X) of section 2915.01 of the	1756
Revised Code;	1757

(7) An itemized list of all expenses incurred at each bingo	1758
session conducted by the charitable organization in the sale of	1759
food and beverages by the charitable organization or by an	1760
auxiliary unit or society of the charitable organization, the name	1761
of each person to whom the expenses are paid, and a receipt for	1762
all of the expenses.	1763

(B)The gross profit from each bingo session shall be	1764
deposited into a checking account devoted exclusively to the bingo	1765
session. Payments for allowable expenses and payments to	1766
charitable recipients shall be made only by checks drawn on the	1767
bingo session account.	1768

(C) Each charitable organization shall conduct and record an	1769
inventory of all of its bingo supplies on the first day of	1770
November of each year.	1771

(D) The attorney general may adopt rules in accordance with	1772
Chapter 119. of the Revised Code establishing standards of	1773
accounting, record-keeping, and reporting to ensure that	1774
charitable receipts from bingo sessions, raffles, and games of	1775
chance are properly accounted for.	1776

(E) A distributor shall maintain, for a period of three	1777
years after the date of sale or other provision, a record of each	1778
instance of its selling or otherwise providing to another person	1779
bingo supplies for use in this state. The record shall include	1780
all of the following for each instance:	1781

(1) The name of the manufacturer from which the distributor	1782
purchased the bingo supplies and the date of the purchase;	1783

(2) The name and address of the charitable organization or	1784
other distributor to which the bingo supplies were sold or	1785
otherwise provided;	1786

(3) A description that clearly identifies the bingo	1787
supplies;	1788

(4) Invoices that include the serial numbers of all instant	1789
bingo tickets sold or otherwise provided to each charitable	1790
organization.	1791

(F) A manufacturer shall maintain, for a period of three	1792
years after the date of sale or other provision, a record of each	1793
instance of its selling or otherwise providing to another person	1794
bingo supplies for use in this state. The record shall include	1795
all of the following for each instance:	1796

(1) The name and address of the distributor to whom the	1797
bingo supplies were sold or otherwise provided;	1798

(2) A description that clearly identifies the bingo	1799
supplies;	1800

(3) Invoices that include the serial numbers of all instant	1801
bingo tickets sold or otherwise provided to each distributor.	1802

(B)(G) The attorney general, or any local law enforcement	1803
agency, may do all of the following:	1804

(1) Investigate any charitable organization or any officer,	1805
agent, trustee, member, or employee of the organization;	1806

(2) Examine the accounts and records of the organization;

1807

(3) Conduct inspections, audits, and observations of bingo	1808
games or schemessessions, bingo conducted other than at a bingo	1809
session, raffles, or games of chance while they are in session;	1810

(4) Conduct inspections of the premises where bingo games or	1811
schemessessions, bingo conducted other than at a bingo session,	1812
raffles, or games of chance are operatedconducted;	1813

(5) Take any other necessary and reasonable action to	1814
determine if a violation of any provision of sections 2915.01,	1815
2915.02, and 2915.07 to 2915.12 of the Revised Code has occurred	1816
and to determine whether section 2915.11 of the Revised Code has	1817
been complied with.	1818

If any local law enforcement agency has reasonable grounds to	1819
believe that a charitable organization or an officer, agent,	1820
trustee, member, or employee of the organization has violated any	1821
provision of this chapter, the local law enforcement agency may	1822
proceed by action in the proper court to enforce this chapter,	1823
provided that the local law enforcement agency shall give written	1824
notice to the attorney general when commencing an action as	1825
described in this division.	1826

(H)The attorney general or any law enforcement agency may	1827
inspect, during normal business hours, the books, records,	1828
inventory, and business premises of a licensed distributor or	1829
manufacturer and take other reasonable action to determine whether	1830
a violation of this chapter has occurred involving a licensed	1831
distributor or manufacturer.	1832

(C)(I) No person shall destroy, alter, conceal, withhold, or	1833
deny access to any accounts or records of a charitable	1834
organization that have been requested for examination, or	1835
obstruct, impede, or interfere with any inspection, audit, or	1836
observation of a bingo game or scheme orsession, bingo conducted	1837
other than at a bingo session, raffle, game of chance, or premises	1838
where a bingo game or schemesession, bingo conducted other than	1839
at a bingo session, raffle, or game of chance is operated	1840
conducted, or refuse to comply with any reasonable request of, or	1841
obstruct, impede, or interfere with any other reasonable action	1842
undertaken by, the attorney general or a local law enforcement	1843
agency pursuant to division (B)(G)or(H) of this section.	1844

(D)(J) Whoever violates division (A) or (C) of this section	1845
is guilty of a misdemeanorfelony of the firstfourth degree.	1846

Sec. 2915.11.  (A) No person shall be a bingo game operator	1847
unless hethe person is eighteen years of age or older.	1848

(B) No person who has been convicted of a felony or a	1849
gambling offense in any jurisdiction shall be a bingo game	1850
operator.	1851

(C) Whoever violates division (A) of this section is guilty	1852
of a misdemeanor of the third degree.	1853

(D) Whoever violates division (B) of this section is guilty	1854
of a misdemeanor of the first degree.	1855

Sec. 2915.12.  Sections 2915.07 to 2915.11 of the Revised	1856
Code do not apply to bingo games that are conducted for the	1857
purpose of amusement only. A bingo game is conducted for the	1858
purpose of amusement only if it complies with all of the	1859
requirements specified in either division (A) or (B) of this	1860
section:	1861

(A)(1) The participants do not pay any money or any other	1862
thing of value including an admission fee, or any fee for bingo	1863
cards,or sheets, objects to cover the spaces, or other devices	1864
used in playing bingo, for the privilege of participating in the	1865
bingo game, or to defray any costs of the game, or pay tips or	1866
make donations during or immediately before or after the bingo	1867
game;.	1868

(2) All prizes awarded during the course of the game are	1869
nonmonetary, and in the form of merchandise, goods, or	1870
entitlements to goods or services only, and the total value of all	1871
prizes awarded during the game is less than one hundred dollars;.	1872

(3) No commission, wages, salary, reward, tip, donation,	1873
gratuity, or other form of compensation, either directly or	1874
indirectly, and regardless of the source, is paid to any bingo	1875
game operator for work or labor performed at the site of the bingo	1876
game;.	1877

(4) The bingo game is not conducted either during or within	1878
ten hours of any of the following:	1879

(a) A bingo session during which a charitable bingo game is	1880
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1881
Code;	1882

(b) A schemeraffle or game of chance other than a bingo	1883
game conducted pursuant to this section.	1884

(5) The number of players participating in the bingo game	1885
does not exceed fifty.	1886

(B)(1) The participants do not pay money or any other thing	1887
of value as an admission fee, and no participant is charged more	1888
than twenty-five cents to purchase a bingo card,or sheet, objects	1889
to cover the spaces, or other devices used in playing bingo;.	1890

(2) The total amount of money paid by all of the	1891
participants for bingo cards,or sheets, objects to cover the	1892
spaces, or other devices used in playing bingo does not exceed one	1893
hundred dollars;.	1894

(3) All of the money paid for bingo cards,or sheets,	1895
objects to cover spaces, or other devices used in playing bingo	1896
areis used only to pay winners monetary and nonmonetary prizes	1897
and to provide refreshments;.	1898

(4) The total value of all prizes awarded during the game	1899
does not exceed one hundred dollars;.	1900

(5) No commission, wages, salary, reward, tip, donation,	1901
gratuity, or other form of compensation, either directly or	1902
indirectly, and regardless of the source, is paid to any bingo	1903
game operator for work or labor performed at the site of the bingo	1904
game;.	1905

(6) The bingo game is not conducted during or within ten	1906
hours of either of the following:	1907

(a) A bingo session during which a charitable bingo game is	1908
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1909
Code;	1910

(b) A scheme of chanceraffle or game of chance other than a	1911
bingo game conducted pursuant to this section.	1912

(7) All of the participants reside at the premises where the	1913
bingo game is conducted;.	1914

(8) The bingo games are conducted on different days of the	1915
week and not more than twice in a calendar week.	1916

(C) The attorney general, or any local law enforcement	1917
agency, may investigate the conduct of a bingo game that	1918
purportedly is conducted for purposes of amusement only if there	1919
is reason to believe that the purported amusement bingo game does	1920
not comply with the requirements of either division (A) or (B) of	1921
this section. A local law enforcement agency may proceed by	1922
action in the proper court to enforce this section if the local	1923
law enforcement agency gives written notice to the attorney	1924
general when commencing the action.	1925

Sec. 3763.01.  (A) All promises, agreements, notes, bills,	1926
bonds or other contracts, mortgages, or other securities, when the	1927
whole or part of the consideration thereof is for money or other	1928
valuable thing won or lost, laid, staked, or betted at or upon a	1929
game of any kind, or upon a horse race or cockfights, sport or	1930
pastime, or on a wager, or for the repayment of money lent or	1931
advanced at the time of a game, play, or wager, for the purpose of	1932
being laid, betted, staked, or wagered, are void.	1933

(B) Sections 3763.01 to 3763.08 of the Revised Code do not	1934
apply to a charitable bingo game as defined in division (O) of	1935
section 2915.01 of the Revised Code or to any scheme or game of	1936
chance that is not subject to criminal penalties under section	1937
2915.02 of the Revised Code.	1938

Sec. 4301.03.  The liquor control commission may adopt and	1939
promulgate, repeal, rescind, and amend, in the manner required by	1940
this section, rules, standards, requirements, and orders necessary	1941
to carry out Chapters 4301. and 4303. of the Revised Code, but all	1942
rules of the board of liquor control which were in effect	1943
immediately prior to April 17, 1963, shall remain in full force	1944
and effect as rules of the liquor control commission until and	1945
unless amended or repealed by the liquor control commission. The	1946
rules of the commission may include the following:	1947

(A) Rules with reference to applications for and the	1948
issuance of permits for the manufacture, distribution,	1949
transportation, and sale of beer and intoxicating liquor, and the	1950
sale of alcohol; and rules governing the procedure of the division	1951
of liquor control in the suspension, revocation, and cancellation	1952
of suchthose permits;	1953

(B) Rules and orders providing in detail for the conduct of	1954
any retail business authorized under permits issued pursuant to	1955
suchthose chapters, with a view to ensuring compliance with such	1956
those chapters and laws relative theretoto them, and the	1957
maintenance of public decency, sobriety, and good order in any	1958
place licensed under suchthose permits. No rule or order shall	1959
prohibit the sale of lottery tickets issued pursuant to Chapter	1960
3770. of the Revised Code by any retail business authorized under	1961
permits issued pursuant to suchthat chapter.	1962

No rule or order shall prohibit pari-mutuel wagering on	1963
simulcast horse races at a satellite facility that has been issued	1964
a D liquor permit under Chapter 4303. of the Revised Code. No	1965
rule or order shall prohibit a charitable organization that holds	1966
a D-4 permit from selling or serving beer or intoxicating liquor	1967
under its permit in a portion of its premises merely because that	1968
portion of its premises is used at other times for the conduct of	1969
a charitable bingo game. However, such ana charitable	1970
organization of that type shall not sell or serve beer or	1971
intoxicating liquor or permit beer or intoxicating liquor to be	1972
consumed or seen in the same location in its premises where a	1973
charitable bingo game is being conducted while the gamecharitable	1974
bingo is being conducted. As used in this division, "charitable	1975
organization" has the same meaning as in division (H) of section	1976
2915.01 and "charitable bingo game" hashave the same meaning	1977
meanings as in division (R) of section 2915.01 of the Revised	1978
Code. No rule or order pertaining to visibility into the premises	1979
of a permit holder after the legal hours of sale shall be adopted	1980
or maintained by the commission.	1981

(C) Standards, not in conflict with those prescribed by any	1982
law of this state or the United States, to secure the use of	1983
proper ingredients and methods in the manufacture of beer, malt	1984
liquor, mixed beverages, and wine to be sold within this state;	1985

(D) Rules determining the nature, form, and capacity of all	1986
packages and bottles to be used for containing beer or	1987
intoxicating liquor except for spirituous liquor to be kept or	1988
sold, governing the form of all seals and labels to be used	1989
thereonon the packages and bottles, and requiring the label on	1990
every package, bottle, and container to state the ingredients in	1991
the contents and, except on malt beverages, the terms of weight,	1992
volume, or proof spirits, and whether the same is beer, wine,	1993
alcohol, or any intoxicating liquor except for spirituous liquor;	1994

(E) Uniform rules governing all advertising with reference	1995
to the sale of beer and intoxicating liquor throughout the state	1996
and advertising upon and in the premises licensed for the sale of	1997
beer or intoxicating liquor;	1998

(F) Rules restricting and placing conditions upon the	1999
transfer of permits;	2000

(G) Rules and orders limiting the number of permits of any	2001
class within the state or within any political subdivision of the	2002
state; and, for suchthat purpose, adopting reasonable	2003
classifications of persons or establishments to which any	2004
authorized class of permits may be issued within any such	2005
political subdivision;	2006

(H) Rules and orders with reference to sales of beer and	2007
intoxicating liquor on Sundays and holidays and with reference to	2008
the hours of the day during which and the persons to whom	2009
intoxicating liquor of any class may be sold, and rules with	2010
reference to the manner of sale;	2011

(I) Rules requiring permit holders buying beer and malt	2012
beverages to pay, and permit holders selling beer and malt	2013
beverages to collect, minimum cash deposits for kegs, cases,	2014
bottles, or other returnable containers of such beer and malt	2015
beverages; requiring the repayment, or credit therefor, of such	2016
the minimum cash deposit charges upon the return of such empty	2017
containers, and requiring the posting of such form of indemnity or	2018
such other conditions with respect to the charging, collection,	2019
and repayment of minimum cash deposit charges for returnable	2020
containers of beer or malt beverages as are necessary to ensure	2021
the return of such empty containers or the repayment upon such	2022
their return of the minimum cash deposits paid therefor.for them;	2023

(J) Rules establishing the method by which alcohol products	2024
may be imported for sale by wholesale distributors and the method	2025
by which manufacturers and suppliers may sell alcohol products to	2026
wholesale distributors.	2027

Every rule, standard, requirement, or order of the	2028
commission, and every repeal, amendment, or rescission thereofof	2029
them shall be posted for public inspection in the principal office	2030
of the commission and the principal office of the division of	2031
liquor control, and a certified copy thereofof them shall be	2032
filed in the office of the secretary of state. An order applying	2033
only to persons named thereinin it shall be served on the persons	2034
affected by personal delivery of a certified copy, or by mailing	2035
sucha certified copy to each person affected thereby,by it or,	2036
in the case of a corporation, to any officer or agent thereofof	2037
the corporation upon whom a service of summons may be served in a	2038
civil action. The posting and filing required by this section	2039
constitutes sufficient notice to all persons affected by sucha	2040
rule or order whichthat is not required to be served. General	2041
rules of the commission promulgated pursuant to this section shall	2042
be published in such athe manner as the commission determines.	2043

Sec. 4303.17.  Permit D-4 may be issued to a club whichthat	2044
has been in existence for three years or more prior to the	2045
issuance of suchthe permit to sell beer and any intoxicating	2046
liquor to its members only, in glass or container, for consumption	2047
on the premises where sold. The fee for this permit is three	2048
hundred seventy-five dollars. No such permit shall be granted or	2049
retained until all elected officers of suchthe organization	2050
controlling suchthe club have filed with the division of liquor	2051
control a statement certifying that suchthe club is operated in	2052
the interest of the membership of a reputable organization, which	2053
is maintained by a dues paying membership, setting forth the	2054
amount of initiation fee and yearly dues. All such matters shall	2055
be contained in a statement signed under oath and accompanied by a	2056
surety bond in the sum of one thousand dollars. SuchThe bond	2057
shall be declared forfeited in the full amount of the penal sum of	2058
the bond for any false statement contained in suchthe	2059
certificate, and the surety shall pay the amount of the bond to	2060
the division. The roster of membership of a D-4 permit holder	2061
shall be submitted under oath on the request of the superintendent	2062
of liquor control. Any information acquired by the superintendent	2063
or the division with respect to suchthat membership shall not be	2064
open to public inspection or examination and may be divulged by	2065
the superintendent and the division only in hearings before the	2066
liquor control commission or in a court action in which the	2067
division or the superintendent is named a party.	2068

The requirement that a club shall have been in existence for	2069
three years in order to qualify for a D-4 permit does not apply to	2070
units of organizations chartered by congress or to a subsidiary	2071
unit of a national fraternal organization if the parent	2072
organization has been in existence for three years or more at the	2073
time application for a permit is made by suchthe unit.	2074

No rule or order of the division or commission shall prohibit	2075
a charitable organization that holds a D-4 permit from selling or	2076
serving beer or intoxicating liquor under its permit in a portion	2077
of its premises merely because that portion of its premises is	2078
used at other times for the conduct of a charitable bingo game.	2079
However, such ana charitable organization shall not sell or serve	2080
beer or intoxicating liquor or permit beer or intoxicating liquor	2081
to be consumed or seen in the same location in its premises where	2082
a charitable bingo game is being conducted while the game	2083
charitable bingo is being conducted. As used in this section,	2084
"charitable organization" has the same meaning as in division (H)	2085
of section 2915.01 and "charitable bingo game" hashave the same	2086
meaningmeanings as in division (R) of section 2915.01 of the	2087
Revised Code.	2088

Section 2.  That existing sections 109.32, 119.12, 173.121,	2089
1531.01, 1711.09, 2915.01, 2915.02, 2915.04, 2915.05, 2915.07,	2090
2915.08, 2915.09, 2915.10, 2915.11, 2915.12, 3763.01, 4301.03, and	2091
4303.17 of the Revised Code are hereby repealed.	2092

Section 3.  Section 2915.09 of the Revised Code is presented	2093
in this act as a composite of the section as amended by both Am.	2094
Sub. S.B. 2 and Am. Sub. S.B. 70 of the 121st General Assembly.	2095
The General Assembly, applying the principle stated in division	2096
(B) of section 1.52 of the Revised Code that amendments are to be	2097
harmonized if reasonably capable of simultaneous operation, finds	2098
that the composite is the resulting version of the section in	2099
effect prior to the effective date of the section as presented in	2100
this act.	2101