As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 7

Representative Huffman 

Cosponsors:  Speaker Batchelder  Representatives Amstutz, Buchy, Hill, Brown, Burkley, Curtin, Dovilla, Hackett, Hayes, Sears, Sprague, Stebelton 

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A BILL

To amend sections 109.32, 109.54, 2915.01, and

1

2915.02 of the Revised Code to permit the Bureau

2

of Criminal Identification and Investigation to

3

investigate criminal activity related to the

4

Gambling Law, to make changes related to schemes

5

of chance, and to require certifications related

6

to the conduct of a sweepstakes with the use of a

7

sweepstakes terminal device.

8

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

Section 1. That sections 109.32, 109.54, 2915.01, and 2915.02	9
of the Revised Code be amended to read as follows:	10

Sec. 109.32.  All annual filing fees obtained by the attorney	11
general pursuant to section 109.31 of the Revised Code, all	12
receipts obtained from the sale of the charitable foundations	13
directory, all registration fees received by the attorney general,	14
bond forfeitures, awards of costs and attorney's fees, and civil	15
penalties assessed under Chapter 1716. of the Revised Code, and	16
all license fees received by the attorney general under section	17
2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing	18
fees received by the attorney general under divisions (F) and (G)	19
of section 2915.02 of the Revised Code, shall be paid into the	20
state treasury to the credit of the charitable law fund. The	21
charitable law fund shall be used insofar as its moneys are	22
available for the expenses of the charitable law section of the	23
office of the attorney general, except that all annual license	24
fees that are received by the attorney general under section	25
2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing	26
fees received by the attorney general under divisions (F) and (G)	27
of section 2915.02 of the Revised Code, that are credited to the	28
fund shall be used by the attorney general, or any law enforcement	29
agency in cooperation with the attorney general, for the purposes	30
specified in division (H) of section 2915.10 of the Revised Code	31
and to administer and enforce Chapter 2915. of the Revised Code.	32
The expenses of the charitable law section in excess of moneys	33
available in the charitable law fund shall be paid out of regular	34
appropriations to the office of the attorney general.	35

Sec. 109.54.  (A) The bureau of criminal identification and	36
investigation may investigate any criminal activity in this state	37
that is of statewide or intercounty concern when requested by	38
local authorities and may aid federal authorities, when requested,	39
in their investigation of any criminal activity in this state. The	40
bureau may investigate any criminal activity in this state related	41
to the conduct of elections when requested by the secretary of	42
state. The bureau may investigate any criminal activity in this	43
state involving drug abuse or illegal drug distribution prohibited	44
under Chapter 3719. or 4729. of the Revised Code or any violation	45
of section 2915.02 of the Revised Code. The superintendent and any	46
agent of the bureau may participate, as the director of an	47
organized crime task force established under section 177.02 of the	48
Revised Code or as a member of the investigatory staff of a task	49
force established under that section, in an investigation of	50
organized criminal activity anywhere within this state under	51
sections 177.01 to 177.03 of the Revised Code.	52

(B) The bureau may provide any trained investigative	53
personnel and specialized equipment that are requested by any	54
sheriff or chief of police, by the authorized designee of any	55
sheriff or chief of police, or by any other authorized law	56
enforcement officer to aid and assist the officer in the	57
investigation and solution of any crime or the control of any	58
criminal activity occurring within the officer's jurisdiction.	59
This assistance shall be furnished by the bureau without	60
disturbing or impairing any of the existing law enforcement	61
authority or the prerogatives of local law enforcement authorities	62
or officers. Investigators provided pursuant to this section, or	63
engaged in an investigation pursuant to section 109.83 of the	64
Revised Code, may go armed in the same manner as sheriffs and	65
regularly appointed police officers under section 2923.12 of the	66
Revised Code.	67

(C)(1) The bureau shall obtain recording equipment that can	68
be used to record depositions of the type described in division	69
(A) of section 2152.81 and division (A) of section 2945.481 of the	70
Revised Code, or testimony of the type described in division (D)	71
of section 2152.81 and division (D) of section 2945.481 or in	72
division (C) of section 2937.11 of the Revised Code, shall obtain	73
closed circuit equipment that can be used to televise testimony of	74
the type described in division (C) of section 2152.81 and division	75
(C) of section 2945.481 or in division (B) of section 2937.11 of	76
the Revised Code, and shall provide the equipment, upon request,	77
to any court for use in recording any deposition or testimony of	78
one of those types or in televising the testimony in accordance	79
with the applicable division.	80

(2) The bureau shall obtain the names, addresses, and	81
telephone numbers of persons who are experienced in questioning	82
children in relation to an investigation of a violation of section	83
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	84
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	85
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	86
offense of violence and shall maintain a list of those names,	87
addresses, and telephone numbers. The list shall include a	88
classification of the names, addresses, and telephone numbers by	89
appellate district. Upon request, the bureau shall provide any	90
county sheriff, chief of police, prosecuting attorney, village	91
solicitor, city director of law, or similar chief legal officer	92
with the name, address, and telephone number of any person	93
contained in the list.	94

Sec. 2915.01.  As used in this chapter:

95

(A) "Bookmaking" means the business of receiving or paying	96
off bets.	97

(B) "Bet" means the hazarding of anything of value upon the	98
result of an event, undertaking, or contingency, but does not	99
include a bona fide business risk.	100

(C) "Scheme of chance" means a slot machine unless authorized	101
under Chapter 3772. of the Revised Code, lottery unless authorized	102
under Chapter 3770. of the Revised Code, numbers game, pool	103
conducted for profit, or other scheme in which a participant gives	104
a valuable consideration for a chance to win a prize, but does not	105
include bingo, a skill-based amusement machine, or a pool not	106
conducted for profit. "Scheme of chance" includes the use of an	107
electronic device to reveal the results of a game entry if	108
valuable consideration is paid, directly or indirectly, for a	109
chance to win a prize. Valuable consideration is deemed to be paid	110
for a chance to win a prize in the following instances:	111

(1) Less than fifty per cent of the goods or services sold by	112
a scheme of chance operator in exchange for game entries are used	113
or redeemed by participants at any one location;	114

(2) Less than fifty per cent of participants who purchase	115
goods or services at any one location do not accept, use, or	116
redeem the goods or services sold or purportedly sold;	117

(3) More than fifty per cent of prizes at any one location	118
are revealed to participants through an electronic device	119
simulating a game of chance or a "casino game" as defined in	120
section 3772.01 of the Revised Code;	121

(4) The good or service sold by a scheme of chance operator	122
in exchange for a game entry cannot be used or redeemed in the	123
manner advertised;	124

(5) A participant pays more than fair market value for goods	125
or services offered by a scheme of chance operator in order to	126
receive one or more game entries;	127

(6) A participant may use the electronic device to purchase	128
additional game entries;	129

(7) A participant may purchase additional game entries by	130
using points or credits won as prizes while using the electronic	131
device;	132

(8) A scheme of chance operator pays out in prize money more	133
than twenty per cent of the gross revenue received at one	134
location; or	135

(9) A participant makes a purchase or exchange in order to	136
obtain any good or service that may be used to facilitate play on	137
the electronic device.	138

As used in this division, "electronic device" means a	139
mechanical, video, digital, or electronic machine or device that	140
is capable of displaying information on a screen or other	141
mechanism and that is owned, leased, or otherwise possessed by any	142
person conducting a scheme of chance, or by that person's	143
partners, affiliates, subsidiaries, or contractors.	144

(D) "Game of chance" means poker, craps, roulette, or other	145
game in which a player gives anything of value in the hope of	146
gain, the outcome of which is determined largely by chance, but	147
does not include bingo.	148

(E) "Game of chance conducted for profit" means any game of	149
chance designed to produce income for the person who conducts or	150
operates the game of chance, but does not include bingo.	151

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

152

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

153

(2) A ticket, token, or other device representing a chance,	154
share, or interest in a scheme of chance or evidencing a bet;	155

(3) A deck of cards, dice, gaming table, roulette wheel, slot	156
machine, or other apparatus designed for use in connection with a	157
game of chance;	158

(4) Any equipment, device, apparatus, or paraphernalia	159
specially designed for gambling purposes;	160

(5) Bingo supplies sold or otherwise provided, or used, in	161
violation of this chapter.	162

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

163

(1) A violation of section 2915.02, 2915.03, 2915.04,	164
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	165
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	166

(2) A violation of an existing or former municipal ordinance	167
or law of this or any other state or the United States	168
substantially equivalent to any section listed in division (G)(1)	169
of this section or a violation of section 2915.06 of the Revised	170
Code as it existed prior to July 1, 1996;	171

(3) An offense under an existing or former municipal	172
ordinance or law of this or any other state or the United States,	173
of which gambling is an element;	174

(4) A conspiracy or attempt to commit, or complicity in	175
committing, any offense under division (G)(1), (2), or (3) of this	176
section.	177

(H) Except as otherwise provided in this chapter, "charitable	178
organization" means either of the following:	179

(1) An organization that is, and has received from the	180
internal revenue service a determination letter that currently is	181
in effect stating that the organization is, exempt from federal	182
income taxation under subsection 501(a) and described in	183
subsection 501(c)(3) of the Internal Revenue Code;	184

(2) A volunteer rescue service organization, volunteer	185
firefighter's organization, veteran's organization, fraternal	186
organization, or sporting organization that is exempt from federal	187
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	188
(c)(10), or (c)(19) of the Internal Revenue Code.	189

To qualify as a "charitable organization," an organization	190
shall have been in continuous existence as such in this state for	191
a period of two years immediately preceding either the making of	192
an application for a bingo license under section 2915.08 of the	193
Revised Code or the conducting of any game of chance as provided	194
in division (D) of section 2915.02 of the Revised Code.	195

(I) "Religious organization" means any church, body of	196
communicants, or group that is not organized or operated for	197
profit and that gathers in common membership for regular worship	198
and religious observances.	199

(J) "Veteran's organization" means any individual post or	200
state headquarters of a national veteran's association or an	201
auxiliary unit of any individual post of a national veteran's	202
association, which post, state headquarters, or auxiliary unit is	203
incorporated as a nonprofit corporation and either has received a	204
letter from the state headquarters of the national veteran's	205
association indicating that the individual post or auxiliary unit	206
is in good standing with the national veteran's association or has	207
received a letter from the national veteran's association	208
indicating that the state headquarters is in good standing with	209
the national veteran's association. As used in this division,	210
"national veteran's association" means any veteran's association	211
that has been in continuous existence as such for a period of at	212
least five years and either is incorporated by an act of the	213
United States congress or has a national dues-paying membership of	214
at least five thousand persons.	215

(K) "Volunteer firefighter's organization" means any	216
organization of volunteer firefighters, as defined in section	217
146.01 of the Revised Code, that is organized and operated	218
exclusively to provide financial support for a volunteer fire	219
department or a volunteer fire company and that is recognized or	220
ratified by a county, municipal corporation, or township.	221

(L) "Fraternal organization" means any society, order, state	222
headquarters, or association within this state, except a college	223
or high school fraternity, that is not organized for profit, that	224
is a branch, lodge, or chapter of a national or state	225
organization, that exists exclusively for the common business or	226
sodality of its members.	227

(M) "Volunteer rescue service organization" means any	228
organization of volunteers organized to function as an emergency	229
medical service organization, as defined in section 4765.01 of the	230
Revised Code.	231

(N) "Charitable bingo game" means any bingo game described in	232
division (O)(1) or (2) of this section that is conducted by a	233
charitable organization that has obtained a license pursuant to	234
section 2915.08 of the Revised Code and the proceeds of which are	235
used for a charitable purpose.	236

(O) "Bingo" means either of the following:

237

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

238

(a) The participants use bingo cards or sheets, including	239
paper formats and electronic representation or image formats, that	240
are divided into twenty-five spaces arranged in five horizontal	241
and five vertical rows of spaces, with each space, except the	242
central space, being designated by a combination of a letter and a	243
number and with the central space being designated as a free	244
space.	245

(b) The participants cover the spaces on the bingo cards or	246
sheets that correspond to combinations of letters and numbers that	247
are announced by a bingo game operator.	248

(c) A bingo game operator announces combinations of letters	249
and numbers that appear on objects that a bingo game operator	250
selects by chance, either manually or mechanically, from a	251
receptacle that contains seventy-five objects at the beginning of	252
each game, each object marked by a different combination of a	253
letter and a number that corresponds to one of the seventy-five	254
possible combinations of a letter and a number that can appear on	255
the bingo cards or sheets.	256

(d) The winner of the bingo game includes any participant who	257
properly announces during the interval between the announcements	258
of letters and numbers as described in division (O)(1)(c) of this	259
section, that a predetermined and preannounced pattern of spaces	260
has been covered on a bingo card or sheet being used by the	261
participant.	262

(2) Instant bingo, punch boards, and raffles.

263

(P) "Conduct" means to back, promote, organize, manage, carry	264
on, sponsor, or prepare for the operation of bingo or a game of	265
chance, a scheme of chance, or a sweepstakes.	266

(Q) "Bingo game operator" means any person, except security	267
personnel, who performs work or labor at the site of bingo,	268
including, but not limited to, collecting money from participants,	269
handing out bingo cards or sheets or objects to cover spaces on	270
bingo cards or sheets, selecting from a receptacle the objects	271
that contain the combination of letters and numbers that appear on	272
bingo cards or sheets, calling out the combinations of letters and	273
numbers, distributing prizes, selling or redeeming instant bingo	274
tickets or cards, supervising the operation of a punch board,	275
selling raffle tickets, selecting raffle tickets from a receptacle	276
and announcing the winning numbers in a raffle, and preparing,	277
selling, and serving food or beverages.	278

(R) "Participant" means any person who plays bingo.

279

(S) "Bingo session" means a period that includes both of the	280
following:	281

(1) Not to exceed five continuous hours for the conduct of	282
one or more games described in division (O)(1) of this section,	283
instant bingo, and seal cards;	284

(2) A period for the conduct of instant bingo and seal cards	285
for not more than two hours before and not more than two hours	286
after the period described in division (S)(1) of this section.	287

(T) "Gross receipts" means all money or assets, including	288
admission fees, that a person receives from bingo without the	289
deduction of any amounts for prizes paid out or for the expenses	290
of conducting bingo. "Gross receipts" does not include any money	291
directly taken in from the sale of food or beverages by a	292
charitable organization conducting bingo, or by a bona fide	293
auxiliary unit or society of a charitable organization conducting	294
bingo, provided all of the following apply:	295

(1) The auxiliary unit or society has been in existence as a	296
bona fide auxiliary unit or society of the charitable organization	297
for at least two years prior to conducting bingo.	298

(2) The person who purchases the food or beverage receives	299
nothing of value except the food or beverage and items customarily	300
received with the purchase of that food or beverage.	301

(3) The food and beverages are sold at customary and	302
reasonable prices.	303

(U) "Security personnel" includes any person who either is a	304
sheriff, deputy sheriff, marshal, deputy marshal, township	305
constable, or member of an organized police department of a	306
municipal corporation or has successfully completed a peace	307
officer's training course pursuant to sections 109.71 to 109.79 of	308
the Revised Code and who is hired to provide security for the	309
premises on which bingo is conducted.	310

(V) "Charitable purpose" means that the net profit of bingo,	311
other than instant bingo, is used by, or is given, donated, or	312
otherwise transferred to, any of the following:	313

(1) Any organization that is described in subsection	314
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	315
and is either a governmental unit or an organization that is tax	316
exempt under subsection 501(a) and described in subsection	317
501(c)(3) of the Internal Revenue Code;	318

(2) A veteran's organization that is a post, chapter, or	319
organization of veterans, or an auxiliary unit or society of, or a	320
trust or foundation for, any such post, chapter, or organization	321
organized in the United States or any of its possessions, at least	322
seventy-five per cent of the members of which are veterans and	323
substantially all of the other members of which are individuals	324
who are spouses, widows, or widowers of veterans, or such	325
individuals, provided that no part of the net earnings of such	326
post, chapter, or organization inures to the benefit of any	327
private shareholder or individual, and further provided that the	328
net profit is used by the post, chapter, or organization for the	329
charitable purposes set forth in division (B)(12) of section	330
5739.02 of the Revised Code, is used for awarding scholarships to	331
or for attendance at an institution mentioned in division (B)(12)	332
of section 5739.02 of the Revised Code, is donated to a	333
governmental agency, or is used for nonprofit youth activities,	334
the purchase of United States or Ohio flags that are donated to	335
schools, youth groups, or other bona fide nonprofit organizations,	336
promotion of patriotism, or disaster relief;	337

(3) A fraternal organization that has been in continuous	338
existence in this state for fifteen years and that uses the net	339
profit exclusively for religious, charitable, scientific,	340
literary, or educational purposes, or for the prevention of	341
cruelty to children or animals, if contributions for such use	342
would qualify as a deductible charitable contribution under	343
subsection 170 of the Internal Revenue Code;	344

(4) A volunteer firefighter's organization that uses the net	345
profit for the purposes set forth in division (K) of this section.	346

(W) "Internal Revenue Code" means the "Internal Revenue Code	347
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	348
amended.	349

(X) "Youth athletic organization" means any organization, not	350
organized for profit, that is organized and operated exclusively	351
to provide financial support to, or to operate, athletic	352
activities for persons who are twenty-one years of age or younger	353
by means of sponsoring, organizing, operating, or contributing to	354
the support of an athletic team, club, league, or association.	355

(Y) "Youth athletic park organization" means any	356
organization, not organized for profit, that satisfies both of the	357
following:	358

(1) It owns, operates, and maintains playing fields that	359
satisfy both of the following:	360

(a) The playing fields are used at least one hundred days per	361
year for athletic activities by one or more organizations, not	362
organized for profit, each of which is organized and operated	363
exclusively to provide financial support to, or to operate,	364
athletic activities for persons who are eighteen years of age or	365
younger by means of sponsoring, organizing, operating, or	366
contributing to the support of an athletic team, club, league, or	367
association.	368

(b) The playing fields are not used for any profit-making	369
activity at any time during the year.	370

(2) It uses the proceeds of bingo it conducts exclusively for	371
the operation, maintenance, and improvement of its playing fields	372
of the type described in division (Y)(1) of this section.	373

(Z) "Bingo supplies" means bingo cards or sheets; instant	374
bingo tickets or cards; electronic bingo aids; raffle tickets;	375
punch boards; seal cards; instant bingo ticket dispensers; and	376
devices for selecting or displaying the combination of bingo	377
letters and numbers or raffle tickets. Items that are "bingo	378
supplies" are not gambling devices if sold or otherwise provided,	379
and used, in accordance with this chapter. For purposes of this	380
chapter, "bingo supplies" are not to be considered equipment used	381
to conduct a bingo game.	382

(AA) "Instant bingo" means a form of bingo that shall use	383
folded or banded tickets or paper cards with perforated break-open	384
tabs, a face of which is covered or otherwise hidden from view to	385
conceal a number, letter, or symbol, or set of numbers, letters,	386
or symbols, some of which have been designated in advance as prize	387
winners, and may also include games in which some winners are	388
determined by the random selection of one or more bingo numbers by	389
the use of a seal card or bingo blower. In all "instant bingo" the	390
prize amount and structure shall be predetermined. "Instant bingo"	391
does not include any device that is activated by the insertion of	392
a coin, currency, token, or an equivalent, and that contains as	393
one of its components a video display monitor that is capable of	394
displaying numbers, letters, symbols, or characters in winning or	395
losing combinations.	396

(BB) "Seal card" means a form of instant bingo that uses	397
instant bingo tickets in conjunction with a board or placard that	398
contains one or more seals that, when removed or opened, reveal	399
predesignated winning numbers, letters, or symbols.	400

(CC) "Raffle" means a form of bingo in which the one or more	401
prizes are won by one or more persons who have purchased a raffle	402
ticket. The one or more winners of the raffle are determined by	403
drawing a ticket stub or other detachable section from a	404
receptacle containing ticket stubs or detachable sections	405
corresponding to all tickets sold for the raffle. "Raffle" does	406
not include the drawing of a ticket stub or other detachable	407
section of a ticket purchased to attend a professional sporting	408
event if both of the following apply:	409

(1) The ticket stub or other detachable section is used to	410
select the winner of a free prize given away at the professional	411
sporting event; and	412

(2) The cost of the ticket is the same as the cost of a	413
ticket to the professional sporting event on days when no free	414
prize is given away.	415

(DD) "Punch board" means a board containing a number of holes	416
or receptacles of uniform size in which are placed, mechanically	417
and randomly, serially numbered slips of paper that may be punched	418
or drawn from the hole or receptacle when used in conjunction with	419
instant bingo. A player may punch or draw the numbered slips of	420
paper from the holes or receptacles and obtain the prize	421
established for the game if the number drawn corresponds to a	422
winning number or, if the punch board includes the use of a seal	423
card, a potential winning number.	424

(EE) "Gross profit" means gross receipts minus the amount	425
actually expended for the payment of prize awards.	426

(FF) "Net profit" means gross profit minus expenses.

427

(GG) "Expenses" means the reasonable amount of gross profit	428
actually expended for all of the following:	429

(1) The purchase or lease of bingo supplies;

430

(2) The annual license fee required under section 2915.08 of	431
the Revised Code;	432

(3) Bank fees and service charges for a bingo session or game	433
account described in section 2915.10 of the Revised Code;	434

(4) Audits and accounting services;

435

(5) Safes;

436

(6) Cash registers;

437

(7) Hiring security personnel;

438

(8) Advertising bingo;

439

(9) Renting premises in which to conduct a bingo session;

440

(10) Tables and chairs;

441

(11) Expenses for maintaining and operating a charitable	442
organization's facilities, including, but not limited to, a post	443
home, club house, lounge, tavern, or canteen and any grounds	444
attached to the post home, club house, lounge, tavern, or canteen;	445

(12) Payment of real property taxes and assessments that are	446
levied on a premises on which bingo is conducted;	447

(13) Any other product or service directly related to the	448
conduct of bingo that is authorized in rules adopted by the	449
attorney general under division (B)(1) of section 2915.08 of the	450
Revised Code.	451

(HH) "Person" has the same meaning as in section 1.59 of the	452
Revised Code and includes any firm or any other legal entity,	453
however organized.	454

(II) "Revoke" means to void permanently all rights and	455
privileges of the holder of a license issued under section	456
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	457
gaming license issued by another jurisdiction.	458

(JJ) "Suspend" means to interrupt temporarily all rights and	459
privileges of the holder of a license issued under section	460
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	461
gaming license issued by another jurisdiction.	462

(KK) "Distributor" means any person who purchases or obtains	463
bingo supplies and who does either of the following:	464

(1) Sells, offers for sale, or otherwise provides or offers	465
to provide the bingo supplies to another person for use in this	466
state;	467

(2) Modifies, converts, adds to, or removes parts from the	468
bingo supplies to further their promotion or sale for use in this	469
state.	470

(LL) "Manufacturer" means any person who assembles completed	471
bingo supplies from raw materials, other items, or subparts or who	472
modifies, converts, adds to, or removes parts from bingo supplies	473
to further their promotion or sale.	474

(MM) "Gross annual revenues" means the annual gross receipts	475
derived from the conduct of bingo described in division (O)(1) of	476
this section plus the annual net profit derived from the conduct	477
of bingo described in division (O)(2) of this section.	478

(NN) "Instant bingo ticket dispenser" means a mechanical	479
device that dispenses an instant bingo ticket or card as the sole	480
item of value dispensed and that has the following	481
characteristics:	482

(1) It is activated upon the insertion of United States	483
currency.	484

(2) It performs no gaming functions.

485

(3) It does not contain a video display monitor or generate	486
noise.	487

(4) It is not capable of displaying any numbers, letters,	488
symbols, or characters in winning or losing combinations.	489

(5) It does not simulate or display rolling or spinning	490
reels.	491

(6) It is incapable of determining whether a dispensed bingo	492
ticket or card is a winning or nonwinning ticket or card and	493
requires a winning ticket or card to be paid by a bingo game	494
operator.	495

(7) It may provide accounting and security features to aid in	496
accounting for the instant bingo tickets or cards it dispenses.	497

(8) It is not part of an electronic network and is not	498
interactive.	499

(OO)(1) "Electronic bingo aid" means an electronic device	500
used by a participant to monitor bingo cards or sheets purchased	501
at the time and place of a bingo session and that does all of the	502
following:	503

(a) It provides a means for a participant to input numbers	504
and letters announced by a bingo caller.	505

(b) It compares the numbers and letters entered by the	506
participant to the bingo faces previously stored in the memory of	507
the device.	508

(c) It identifies a winning bingo pattern.

509

(2) "Electronic bingo aid" does not include any device into	510
which a coin, currency, token, or an equivalent is inserted to	511
activate play.	512

(PP) "Deal of instant bingo tickets" means a single game of	513
instant bingo tickets all with the same serial number.	514

(QQ)(1) "Slot machine" means either of the following:

515

(a) Any mechanical, electronic, video, or digital device that	516
is capable of accepting anything of value, directly or indirectly,	517
from or on behalf of a player who gives the thing of value in the	518
hope of gain;	519

(b) Any mechanical, electronic, video, or digital device that	520
is capable of accepting anything of value, directly or indirectly,	521
from or on behalf of a player to conduct bingo or a scheme or game	522
of chance.	523

(2) "Slot machine" does not include a skill-based amusement	524
machine or an instant bingo ticket dispenser.	525

(RR) "Net profit from the proceeds of the sale of instant	526
bingo" means gross profit minus the ordinary, necessary, and	527
reasonable expense expended for the purchase of instant bingo	528
supplies, and, in the case of instant bingo conducted by a	529
veteran's, fraternal, or sporting organization, minus the payment	530
by that organization of real property taxes and assessments levied	531
on a premises on which instant bingo is conducted.	532

(SS) "Charitable instant bingo organization" means an	533
organization that is exempt from federal income taxation under	534
subsection 501(a) and described in subsection 501(c)(3) of the	535
Internal Revenue Code and is a charitable organization as defined	536
in this section. A "charitable instant bingo organization" does	537
not include a charitable organization that is exempt from federal	538
income taxation under subsection 501(a) and described in	539
subsection 501(c)(3) of the Internal Revenue Code and that is	540
created by a veteran's organization, a fraternal organization, or	541
a sporting organization in regards to bingo conducted or assisted	542
by a veteran's organization, a fraternal organization, or a	543
sporting organization pursuant to section 2915.13 of the Revised	544
Code.	545

(TT) "Game flare" means the board or placard that accompanies	546
each deal of instant bingo tickets and that has printed on or	547
affixed to it the following information for the game:	548

(1) The name of the game;

549

(2) The manufacturer's name or distinctive logo;

550

(3) The form number;

551

(4) The ticket count;

552

(5) The prize structure, including the number of winning	553
instant bingo tickets by denomination and the respective winning	554
symbol or number combinations for the winning instant bingo	555
tickets;	556

(6) The cost per play;

557

(7) The serial number of the game.

558

(UU)(1) "Skill-based amusement machine" means a mechanical,	559
video, digital, or electronic device that rewards the player or	560
players, if at all, only with merchandise prizes or with	561
redeemable vouchers redeemable only for merchandise prizes,	562
provided that with respect to rewards for playing the game all of	563
the following apply:	564

(a) The wholesale value of a merchandise prize awarded as a	565
result of the single play of a machine does not exceed ten	566
dollars;	567

(b) Redeemable vouchers awarded for any single play of a	568
machine are not redeemable for a merchandise prize with a	569
wholesale value of more than ten dollars;	570

(c) Redeemable vouchers are not redeemable for a merchandise	571
prize that has a wholesale value of more than ten dollars times	572
the fewest number of single plays necessary to accrue the	573
redeemable vouchers required to obtain that prize; and	574

(d) Any redeemable vouchers or merchandise prizes are	575
distributed at the site of the skill-based amusement machine at	576
the time of play.	577

A card for the purchase of gasoline is a redeemable voucher	578
for purposes of division (UU)(1) of this section even if the	579
skill-based amusement machine for the play of which the card is	580
awarded is located at a place where gasoline may not be legally	581
distributed to the public or the card is not redeemable at the	582
location of, or at the time of playing, the skill-based amusement	583
machine.	584

(2) A device shall not be considered a skill-based amusement	585
machine and shall be considered a slot machine if it pays cash or	586
one or more of the following apply:	587

(a) The ability of a player to succeed at the game is	588
impacted by the number or ratio of prior wins to prior losses of	589
players playing the game.	590

(b) Any reward of redeemable vouchers is not based solely on	591
the player achieving the object of the game or the player's score;	592

(c) The outcome of the game, or the value of the redeemable	593
voucher or merchandise prize awarded for winning the game, can be	594
controlled by a source other than any player playing the game.	595

(d) The success of any player is or may be determined by a	596
chance event that cannot be altered by player actions.	597

(e) The ability of any player to succeed at the game is	598
determined by game features not visible or known to the player.	599

(f) The ability of the player to succeed at the game is	600
impacted by the exercise of a skill that no reasonable player	601
could exercise.	602

(3) All of the following apply to any machine that is	603
operated as described in division (UU)(1) of this section:	604

(a) As used in division (UU) of this section, "game" and	605
"play" mean one event from the initial activation of the machine	606
until the results of play are determined without payment of	607
additional consideration. An individual utilizing a machine that	608
involves a single game, play, contest, competition, or tournament	609
may be awarded redeemable vouchers or merchandise prizes based on	610
the results of play.	611

(b) Advance play for a single game, play, contest,	612
competition, or tournament participation may be purchased. The	613
cost of the contest, competition, or tournament participation may	614
be greater than a single noncontest, competition, or tournament	615
play.	616

(c) To the extent that the machine is used in a contest,	617
competition, or tournament, that contest, competition, or	618
tournament has a defined starting and ending date and is open to	619
participants in competition for scoring and ranking results toward	620
the awarding of redeemable vouchers or merchandise prizes that are	621
stated prior to the start of the contest, competition, or	622
tournament.	623

(4) For purposes of division (UU)(1) of this section, the	624
mere presence of a device, such as a pin-setting, ball-releasing,	625
or scoring mechanism, that does not contribute to or affect the	626
outcome of the play of the game does not make the device a	627
skill-based amusement machine.	628

(VV) "Merchandise prize" means any item of value, but shall	629
not include any of the following:	630

(1) Cash, gift cards, or any equivalent thereof;

631

(2) Plays on games of chance, state lottery tickets, bingo,	632
or instant bingo;	633

(3) Firearms, tobacco, or alcoholic beverages; or

634

(4) A redeemable voucher that is redeemable for any of the	635
items listed in division (VV)(1), (2), or (3) of this section.	636

(WW) "Redeemable voucher" means any ticket, token, coupon,	637
receipt, or other noncash representation of value.	638

(XX) "Pool not conducted for profit" means a scheme in which	639
a participant gives a valuable consideration for a chance to win a	640
prize and the total amount of consideration wagered is distributed	641
to a participant or participants.	642

(YY) "Sporting organization" means a hunting, fishing, or	643
trapping organization, other than a college or high school	644
fraternity or sorority, that is not organized for profit, that is	645
affiliated with a state or national sporting organization,	646
including but not limited to, the league of Ohio sportsmen, and	647
that has been in continuous existence in this state for a period	648
of three years.	649

(ZZ) "Community action agency" has the same meaning as in	650
section 122.66 of the Revised Code.	651

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	652
video, digital, or electronic machine or device that is owned,	653
leased, or otherwise possessed by any person conducting a	654
sweepstakes, or by that person's partners, affiliates,	655
subsidiaries, or contractors, that is intended to be used by a	656
sweepstakes participant, and that is capable of displaying	657
information on a screen or other mechanism. A device is a	658
sweepstakes terminal device if any of the following apply:	659

(a) The device uses a simulated game terminal as a	660
representation of the prizes associated with the results of the	661
sweepstakes entries.	662

(b) The device utilizes software such that the simulated game	663
influences or determines the winning of or value of the prize.	664

(c) The device selects prizes from a predetermined finite	665
pool of entries.	666

(d) The device utilizes a mechanism that reveals the content	667
of a predetermined sweepstakes entry.	668

(e) The device predetermines the prize results and stores	669
those results for delivery at the time the sweepstakes entry	670
results are revealed.	671

(f) The device utilizes software to create a game result.

672

(g) The device reveals the prize incrementally, even though	673
the device does not influence the awarding of the prize or the	674
value of any prize awarded.	675

(h) The device determines and associates the prize with an	676
entry or entries at the time the sweepstakes is entered.	677

(2) As used in this division and in section 2915.02 of the	678
Revised Code:	679

(a) "Enter" means the act by which a person becomes eligible	680
to receive any prize offered in a sweepstakes.	681

(b) "Entry" means one event from the initial activation of	682
the sweepstakes terminal device until all the sweepstakes prize	683
results from that activation are revealed.	684

(c) "Prize" means any gift, award, gratuity, good, service,	685
credit, reward, or any other thing of value that may be	686
transferred to a person, whether possession of the prize is	687
actually transferred, or placed on an account or other record as	688
evidence of the intent to transfer the prize.	689

(d) "Sweepstakes terminal device facility" means any location	690
in this state where a sweepstakes terminal device is provided to a	691
sweepstakes participant, except as provided in division (G) of	692
section 2915.02 of the Revised Code.	693

(BBB) "Sweepstakes" means any game, contest, advertising	694
scheme or plan, or other promotion where consideration is not	695
required for a person to enter to win or become eligible to	696
receive any prize, the determination of which is based upon	697
chance. "Sweepstakes" does not include bingo as authorized under	698
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	699
of the Revised Code, lotteries conducted by the state lottery	700
commission as authorized by Chapter 3770. of the Revised Code, and	701
casino gaming as authorized by Chapter 3772. of the Revised Code.	702

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

703

(1) Engage in bookmaking, or knowingly engage in conduct that	704
facilitates bookmaking;	705

(2) Establish, promote, or operate or knowingly engage in	706
conduct that facilitates any game of chance conducted for profit	707
or any scheme of chance;	708

(3) Knowingly procure, transmit, exchange, or engage in	709
conduct that facilitates the procurement, transmission, or	710
exchange of information for use in establishing odds or	711
determining winners in connection with bookmaking or with any game	712
of chance conducted for profit or any scheme of chance;	713

(4) Engage in betting or in playing any scheme or game of	714
chance as a substantial source of income or livelihood;	715

(5) Conduct, or participate in the conduct of, a sweepstakes	716
with the use of a sweepstakes terminal device at a sweepstakes	717
terminal device facility and either:	718

(a) Give to another person any item described in division	719
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code	720
as a prize for playing or participating in a sweepstakes; or	721

(b) Give to another person any merchandise prize, or a	722
redeemable voucher for a merchandise prize, the wholesale value of	723
which is in excess of ten dollars and which is awarded as a single	724
entry for playing or participating in a sweepstakes. Redeemable	725
vouchers shall not be redeemable for a merchandise prize that has	726
a wholesale value of more than ten dollars.	727

(6) Conduct, or participate in the conduct of, a sweepstakes	728
with the use of a sweepstakes terminal device at a sweepstakes	729
terminal device facility without first obtaining a current annual	730
"certificate of registration" from the attorney general as	731
required by division (F) of this section;	732

(7) With purpose to violate division (A)(1), (2), (3), or	733
(4), (5), or (6) of this section, acquire, possess, control, or	734
operate any gambling device.	735

(B) For purposes of division (A)(1) of this section, a person	736
facilitates bookmaking if the person in any way knowingly aids an	737
illegal bookmaking operation, including, without limitation,	738
placing a bet with a person engaged in or facilitating illegal	739
bookmaking. For purposes of division (A)(2) of this section, a	740
person facilitates a game of chance conducted for profit or a	741
scheme of chance if the person in any way knowingly aids in the	742
conduct or operation of any such game or scheme, including,	743
without limitation, playing any such game or scheme.	744

(C) This section does not prohibit conduct in connection with	745
gambling expressly permitted by law.	746

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

747

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

748

(a) The games of chance are not craps for money or roulette	749
for money.	750

(b) The games of chance are conducted by a charitable	751
organization that is, and has received from the internal revenue	752
service a determination letter that is currently in effect,	753
stating that the organization is, exempt from federal income	754
taxation under subsection 501(a) and described in subsection	755
501(c)(3) of the Internal Revenue Code.	756

(c) The games of chance are conducted at festivals of the	757
charitable organization that are conducted not more than a total	758
of five days a calendar year, and are conducted on premises owned	759
by the charitable organization for a period of no less than one	760
year immediately preceding the conducting of the games of chance,	761
on premises leased from a governmental unit, or on premises that	762
are leased from a veteran's or fraternal organization and that	763
have been owned by the lessor veteran's or fraternal organization	764
for a period of no less than one year immediately preceding the	765
conducting of the games of chance.	766

A charitable organization shall not lease premises from a	767
veteran's or fraternal organization to conduct a festival	768
described in division (D)(1)(c) of this section if the veteran's	769
or fraternal organization already has leased the premises twelve	770
times during the preceding year to charitable organizations for	771
that purpose. If a charitable organization leases premises from a	772
veteran's or fraternal organization to conduct a festival	773
described in division (D)(1)(c) of this section, the charitable	774
organization shall not pay a rental rate for the premises per day	775
of the festival that exceeds the rental rate per bingo session	776
that a charitable organization may pay under division (B)(1) of	777
section 2915.09 of the Revised Code when it leases premises from	778
another charitable organization to conduct bingo games.	779

(d) All of the money or assets received from the games of	780
chance after deduction only of prizes paid out during the conduct	781
of the games of chance are used by, or given, donated, or	782
otherwise transferred to, any organization that is described in	783
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	784
Revenue Code and is either a governmental unit or an organization	785
that is tax exempt under subsection 501(a) and described in	786
subsection 501(c)(3) of the Internal Revenue Code;	787

(e) The games of chance are not conducted during, or within	788
ten hours of, a bingo game conducted for amusement purposes only	789
pursuant to section 2915.12 of the Revised Code.	790

No person shall receive any commission, wage, salary, reward,	791
tip, donation, gratuity, or other form of compensation, directly	792
or indirectly, for operating or assisting in the operation of any	793
game of chance.	794

(2) Any tag fishing tournament operated under a permit issued	795
under section 1533.92 of the Revised Code, as "tag fishing	796
tournament" is defined in section 1531.01 of the Revised Code;	797

(3) Bingo conducted by a charitable organization that holds a	798
license issued under section 2915.08 of the Revised Code.	799

(E) Division (D) of this section shall not be construed to	800
authorize the sale, lease, or other temporary or permanent	801
transfer of the right to conduct games of chance, as granted by	802
that division, by any charitable organization that is granted that	803
right.	804

(F) Any person desiring to conduct, or participate in the	805
conduct of, a sweepstakes with the use of a sweepstakes terminal	806
device at a sweepstakes terminal device facility shall first	807
register with the office of the attorney general and obtain an	808
annual certificate of registration by providing a filing fee of	809
two hundred dollars and all information as required by rule	810
adopted under division (H) of this section. Not later than the	811
tenth day of each month, each sweepstakes terminal device operator	812
shall file a sweepstakes terminal device monthly report with the	813
attorney general and provide a filing fee of fifty dollars and all	814
information required by rule adopted under division (H) of this	815
section. All information provided to the attorney general under	816
this division shall be available to law enforcement upon request.	817

(G) A person may apply to the attorney general, on a form	818
prescribed by the attorney general, for a certificate of	819
compliance that the person is not operating a sweepstakes terminal	820
device facility. The form shall require the person to include the	821
address of the business location where sweepstakes terminal	822
devices will be used and to make the following certifications:	823

(1) That the person will not use more than two sweepstakes	824
terminal devices at the business location;	825

(2) That the retail value of sweepstakes prizes to be awarded	826
at the business location using sweepstakes terminal devices during	827
a reporting period will be less than three per cent of the gross	828
revenue received at the business location during the reporting	829
period;	830

(3) That no other form of gaming except lottery ticket sales	831
as authorized under Chapter 3770. of the Revised Code will be	832
conducted at the business location or in an adjoining area of the	833
business location;	834

(4) That any sweepstakes terminal device at the business	835
location will not allow any deposit of any money, coin, or token,	836
or the use of any credit card, debit card, prepaid card, or any	837
other method of similar payment to be used, directly or	838
indirectly, to participate in a sweepstakes;	839

(5) That notification of any prize will not take place on the	840
same day as a participant's sweepstakes entry; and	841

(6) That the person consents to provide any other information	842
to the attorney general as required by rule adopted under division	843
(H) of this section.	844

The filing fee for a certificate of compliance is two hundred	845
fifty dollars. The attorney general may charge up to an additional	846
two hundred fifty dollars for reasonable expenses resulting from	847
any investigation related to an application for a certificate of	848
compliance.	849

A certificate of compliance is effective for one year. The	850
certificate holder may reapply for a certificate of compliance. A	851
person issued a certificate of compliance shall file semiannual	852
reports with the attorney general stating the number of	853
sweepstakes terminal devices at the business location and that the	854
retail value of prizes awarded at the business location using	855
sweepstakes terminal devices is less than three per cent of the	856
gross revenue received at the business location.	857

(H) The attorney general shall adopt rules setting forth:

858

(1) The required information to be submitted by persons	859
conducting a sweepstakes with the use of a sweepstakes terminal	860
device at a sweepstakes terminal device facility as described in	861
division (F) of this section; and	862

(2) The requirements pertaining to a certificate of	863
compliance under division (G) of this section, which shall provide	864
for a person to file a consolidated application and a consolidated	865
semiannual report if a person has more than one business location.	866

The attorney general shall issue a certificate of	867
registration or a certificate of compliance to all persons who	868
have successfully satisfied the applicable requirements of this	869
section. The attorney general shall post online a registry of all	870
properly registered and certified sweepstakes terminal device	871
operators.	872

(I) The attorney general may refuse to issue an annual	873
certificate of registration or certificate of compliance to any	874
person or, if one has been issued, the attorney general may revoke	875
a certificate of registration or a certificate of compliance if	876
the applicant has provided any information to the attorney general	877
as part of a registration, certification, monthly report,	878
semiannual report, or any other information that is materially	879
false or misleading, or if the applicant or any officer, partner,	880
or owner of five per cent or more interest in the applicant has	881
violated any provision of this chapter.	882

(J) The attorney general may take any necessary and	883
reasonable action to determine a violation of this chapter,	884
including requesting documents and information, performing	885
inspections of premises, or requiring the attendance of any person	886
at an examination under oath.	887

(K) Whoever violates this section is guilty of gambling, a	888
misdemeanor of the first degree. If the offender previously has	889
been convicted of any gambling offense, gambling is a felony of	890
the fifth degree. Notwithstanding this division, failing to file a	891
sweepstakes terminal device monthly report as required by division	892
(F) of this section or the semiannual report required by division	893
(G) of this section is a misdemeanor of the first degree.	894

Section 2. That existing sections 109.32, 109.54, 2915.01,	895
and 2915.02 of the Revised Code are hereby repealed.	896