- How often may an organization conduct
a bingo game?
Generally, only two (2) bingo sessions may be conducted
in any given seven (7) day period. Volunteer firemen's
organizations or volunteer rescue organizations that do
not conduct more that five (5) bingo sessions in a calendar
year (such as at a local fair or festival) are not subject
to this rule.
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- Are there any restrictions upon the
time periods at which a bingo game may be conducted?
Yes, a bingo session may not be conducted with in the
ten hour time period of 12:00 p.m. and 10:00 a.m., within
10 hours of a bingo game conducted for amusement or at
anytime other that the day and time specified in an organization'
bingo application.
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- Can the organization pay employees
to provide concessions and conduct the bingo games?
No, bingo and concession operators must be volunteers
and may not be paid for their services. Tipping or compensation
in any manner directly or indirectly is expressly prohibited.
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- How much can the organization pay
in rent for the bingo premises?
Generally, the maximum rent which may be paid to any lessor
for a bingo premises is $450.00 per bingo session. If the
bingo premises is owned by the by the organization conducting
bingo, it may deduct from the gross receipts the lesser
of 45% or $600.00 as consideration for the use of the premises.
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- Are there any required annual filings?
Yes, as of April 1, 2001, Ohio's legislators amended the
law to require new and renewal bingo license applicants
to comply with Ohio's Charitable Trust Act and Ohio's Charitable
Organization Act. If the applicant does not comply with
the Acts, it will not qualify for a license or a renewal
license. Prior to this amendment, new and renewal bingo
applicants could technically qualify for a bingo license
without complying with either of the above Acts.
Ohio's Charitable Trust Act requires every charitable
organization, other than those exempt by statute, which
is established or active in the state of Ohio to register
with the Attorney General's Charitable Law Section by filing
a Charitable Trust Registration Form along with a copy
of the organizational documents.
Any organization that is required to register must also
file an annual financial statement for any taxable year
in which the organization has gross receipts in excess
of $5,000 or gross assets exceeding $15,000. The financial
report can be either a complete copy of the organization's
annual federal return (Form 990), or a completed copy of
the Attorney General's Annual Financial Report of Charitable
Organization.
Additionally, Ohio's Charitable Organizations Act requires
every charitable organization, other that those exempted
by statute that intends to solicit contributions in Ohio
to register annually with the Attorney General's Office
Charitable Law Section. Charitable organizations that conduct
bingo or sell schemes of chance are considered to be conducting
a solicitation and as such are required to register.
Once licensed, the charitable organization must also renew
its bingo license on an annual basis. The applications
for the subsequent year are due on or before December 31,
in order for the licensee to receive a temporary permit
to conduct bingo in a subsequent year.
License applications and other filing forms other forms
relating to initial and renewal licensure are available
through Kegler,
Brown, Hill & Ritter's Gaming Law Practice Group.
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- How long does the licensing process
take?
Prior to issuing a bingo license, the Attorney General's
office will conduct an extensive investigation to insure
that the charitable organization meets all requirements
of Ohio law. This process is dependent entirely on the
organizations preparedness for the investigation.
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- Are there any restrictions for the
location of the bingo premises?
Yes, a charitable organization must conduct its bingo
games in the county where its principal place of business
is located.
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- Can an organization change its location
or dates of bingo sessions after a license has been issued?
Generally yes, any amendments to the location or date
of a bingo session must first be submitted to the Attorney
General's Office for its approval. For a request to be
granted, the organization must provide sufficient evidence
that "circumstances beyond its control" have
made it impossible to conduct a bingo session on the date
or at the location listed in its original bingo application.
If permitted, an organization may only amend its application
once in any given calendar year.
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- Are there restrictions for volunteers?
Yes, volunteers must be at least 18 years of age and any
person who has been convicted of a felony or gambling offense
cannot be a bingo game operator.
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- Can the organization serve alcohol
at the bingo premises?
No, organizations are expressly prohibited from serving
alcohol at premises where a bingo session is being conducted.
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- Can the organization pay a consultant
to assist in performing any services related to the bingo
game?
No, a bingo licensee may not compensate directly or indirectly
a person to assist in performing any services in relation
to a bingo game.
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- Are there any limitations on advertising?
Yes, although there are no specific guidelines, all advertising
expenditures must be reasonable and customary.
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- How much can the organization pay
out each bingo session?
The maximum amount of prizes that may be paid out per
bingo session is $3,500. Such amount includes bingo prizes
and other prizes paid for "bonanza bingo" or
any game of scheme of chance where the winner is determined
by announcement of winning bingo.
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- Are instant bingo tickets considered
prizes paid?
Generally No, unless the ticket is determined by announcement
of a winning bingo, prizes paid from the sale of instant
bingo tickets are not counted towards the maximum prize
amount per bingo session.
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- Who may serve as security during
a bingo session?
Security personnel for a bingo game is limited to a sheriff,
deputy sheriff, marshal, deputy marshal, township constable,
a member of an organized municipal police department or
a person who has successfully completed peace officer's
training. If the security is compensated, the officers
cannot perform any other service at the bingo session.
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- How much can security be paid?
Although there are no set limitations, Security may be
paid a fee that is customary and reasonable for its services.
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- Can the lessor of the bingo premises
provide security, concessions, bingo equipment or other type
of service or equipment?
Generally No, a non-charitable lessor may not provide
bingo or concession operators, equipment or security personnel
or any other type of service or equipment for a bingo game.
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- Does the organization need to track
its bingo proceeds?
Yes, true and accurate records of attendance, prizes,
receipts and expenses must be kept for each bingo session.
The names and addresses of all winners of $100.00 or more
must be recorded. Net proceeds must be deposited into a
separate banking account from that of the organizations
general operating account. All records must be maintained
for a period of three years and are subject to audit by
the Attorney General's Office.
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- Are temporary licenses being
issued for first-time applicants?
No.
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- When did House Bill 512
become effective?
The new bill took effect on July 1, 2003.
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- Have any Type 3 licenses
been issued by the Attorney General?
Yes, a handful. However, those organizations which have
been granted applied early in the year (not later than
April 2003).
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- What percentage of bingo
proceeds can be used by veterans and fraternal groups for
their expenses?
House Bill 512 allows veterans and fraternal to keep 45
percent of the gross profits from bingo for their own purpose.
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