CROSS REFERENCES
See sectional histories for similar State law.
Lotteries prohibited; exception, O Const Art XV §6
Search warrants, RC 2933.21(E)
Games of chance in parks, CO 559.38
Gambling prohibited at airports, CO 571.19
Games of chance in billiard rooms, CO 688.14
Gambling at public dances, CO 690.09
Gambling at shooting galleries, CO 695.07
As used in this chapter:
(a) “Bookmaking” means the business of receiving or paying off bets.
(b) “Bet” means the hazarding of anything of value upon the result of an event, undertaking, or contingency, but does not include a bona fide business risk.
(c) “Scheme of chance” means a slot machine, lottery, numbers game, pool conducted for profit, or other scheme in which a participant gives a valuable consideration for a chance to win a prize, but does not include bingo, a skill-based amusement machine, or a pool not conducted for profit.
(d) “Game of chance” means poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.
(e) “Game of chance conducted for profit” means any game of chance designed to produce income for the person who conducts or operates the game of chance, but does not include bingo.
(f) “Gambling device” means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance, share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot machine, or other apparatus designed for use in connection with a game of chance;
(4) Any equipment, device, apparatus, or paraphernalia specially designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in violation of this chapter.
(g) “Gambling offense” means any of the following:
(1) A violation of Sections 611.02 to 611.10 or Sections 2915.02 to 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States substantially equivalent to any section listed in division (g)(1) of this section or a violation of Section 2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States, of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (g) of this section.
(h) Except as otherwise provided in this chapter, “charitable organization” means any tax exempt religious, educational, veteran's, fraternal, sporting, service, nonprofit medical, volunteer rescue service, volunteer firefighter's, senior citizen's, historic railroad educational, youth athletic, amateur athletic, or youth athletic park organization. An organization is tax exempt if the organization is, and has received from the internal revenue service a determination letter that currently is in effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code, or if the organization is a sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(7) of the Internal Revenue Code. To qualify as a charitable organization, an organization, except a volunteer rescue service or volunteer fire fighter's organization, shall have been in continuous existence as such in this state for a period of two years immediately preceding either the making of an application for a bingo license under Section 2915.08 of the Revised Code or the conducting of any game of chance as provided in division (D) of Section 2915.02 of the Revised Code. A charitable organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code and that is created by a veteran's organization, a fraternal organization, or a sporting organization does not have to have been in continuous existence as such in this state for a period of two years immediately preceding either the making of an application for a bingo license under Section 2915.08 of the Revised Code or the conducting of any game of chance as provided in division (D) of Section 2915.02 of the Revised Code.
(i) “Religious organization” means any church, body of communicants, or group that is not organized or operated for profit and that gathers in common membership for regular worship and religious observances.
(j) “Educational organization” means any organization within this state that is not organized for profit, the primary purpose of which is to educate and develop the capabilities of individuals through instruction by means of operating or contributing to the support of a school, academy, college, or university.
(k) “Veteran's organization” means any individual post or state headquarters of a national veteran's association or an auxiliary unit of any individual post of a national veteran's association, which post, state headquarters, or auxiliary unit has been in continuous existence in this state for at least two years and incorporated as a nonprofit corporation and either has received a letter from the state headquarters of the national veteran's association indicating that the individual post or auxiliary unit is in good standing with the national veteran's association or has received a letter from the national veteran's association indicating that the state headquarters is in good standing with the national veteran's association. As used in this division, “national veteran's association” means any veteran's association that has been in continuous existence as such for a period of at least five years and either is incorporated by an act of the United States congress or has a national dues-paying membership of at least five thousand persons.
(l) “Volunteer firefighter's organization” means any organization of volunteer firefighters, as defined in Section 146.01 of the Revised Code, that is organized and operated exclusively to provide financial support for a volunteer fire department or a volunteer fire company and that is recognized or ratified by a county, municipal corporation, or township.
(m) “Fraternal organization” means any society, order, state headquarters, or association within this state, except a college or high school fraternity, that is not organized for profit, that is a branch, lodge, or chapter of a national or state organization, that exists exclusively for the common business or sodality of its members, and that has been in continuous existence in this state for a period of five years.
(n) “Volunteer rescue service organization” means any organization of volunteers organized to function as an emergency medical service organization, as defined in Section 4765.01 of the Revised Code.
(o) “Service organization” means either of the following:
(1) Any organization, not organized for profit, that is organized and operated exclusively to provide, or to contribute to the support of organizations or institutions organized and operated exclusively to provide, medical and therapeutic services for persons who are crippled, born with birth defects, or have any other mental or physical defect or those organized and operated exclusively to protect, or to contribute to the support of organizations or institutions organized and operated exclusively to protect, animals from inhumane treatment or provide immediate shelter to victims of domestic violence;
(2) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code and that is an organization, nor organized for profit, that is organized and operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated primarily to provide, medical and therapeutic services for persons who are crippled, born with birth defects, or have any other mental or physical defect.
(p) “Nonprofit medical organization” means either of the following:
(1) Any organization that has been incorporated as a nonprofit corporation for at least five years and that has continuously operated and will be operated exclusively to provide, or to contribute to the support of organizations or institutions organized and operated exclusively to provide, hospital, medical, research, or therapeutic services for the public;
(2) Any organization that is described and qualified under subsection 501(c)(3) of the Internal Revenue Code, that has been incorporated as a nonprofit corporation for at least five years, and that has continuously operated and will be operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated primarily to provide, hospital, medical, research, or therapeutic services for the public.
(q) “Senior citizen's organization” means any private organization, not organized for profit, that is organized and operated exclusively to provide recreational or social services for persons who are fifty-five years of age or older and that is described and qualified under subsection 501(c)(3) of the Internal Revenue Code.
(r) “Charitable bingo game” means any bingo game described in division (s)(1) or (2) of this section that is conducted by a charitable organization that has obtained a license under Section 2915.08 of the Revised Code and the proceeds of which are used for a charitable purpose.
(s) “Bingo” means either of the following:
(1) A game with all of the following characteristics:
A. The participants use bingo cards or sheets, including paper formats and electronic representation or image formats, that are divided into twenty-five spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space.
B. The participants cover the spaces on the bingo cards or sheets that correspond to combinations of letters and numbers that are announced by a bingo game operator.
C. A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains seventy-five objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the seventy-five possible combinations of a letter and a number that can appear on the bingo cards or sheets.
D. The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and numbers as described in division (s)(1)C. of this section, that a predetermined and preannounced pattern of spaces has been covered on a bingo card or sheet being used by the participant.
(2) Instant bingo, punch boards, and raffles.
(t) “Conduct” means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a game of chance.
(u) “Bingo game operator” means any person, except security personnel, who performs work or labor at the site of bingo, including, but not limited to, collecting money from participants, handing out bingo cards or sheets or objects to cover spaces on bingo cards or sheets, selecting from a receptacle the objects that contain the combination of letters and numbers that appear on bingo cards or sheets, calling out the combinations of letters and numbers, distributing prizes, selling or redeeming instant bingo tickets or cards, supervising the operation of a punch board, selling raffle tickets, selecting raffle tickets from a receptacle and announcing the winning numbers in a raffle, and preparing, selling, and serving food or beverages.
(v) “Participant” means any person who plays bingo.
(w) “Bingo session” means a period that includes both of the following:
(1) Not to exceed five continuous hours for the conduct of one or more games described in division (s)(1) of this section, instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards for not more than two hours before and not more than two hours after the period described in division (w)(1) of this section.
(x) “Gross receipts” means all money or assets, including admission fees, that a person receives from bingo without the deduction of any amounts for prizes paid out or for the expenses of conducting bingo. “Gross receipts” does not include any money directly taken in from the sale of food or beverages by a charitable organization conducting bingo, or by a bona fide auxiliary unit or society of a charitable organization conducting bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a bona fide auxiliary unit or society of the charitable organization for at least two years prior to conducting bingo.
(2) The person who purchases the food or beverage receives nothing of value except the food or beverage and items customarily received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and reasonable prices.
(y) “Security personnel” includes any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, township constable, or member of an organized police department of a municipal corporation or has successfully completed a peace officer's training course under Sections 109.71 to 109.79 of the Revised Code and who is hired to provide security for the premises on which bingo is conducted.
(z) “Charitable purpose” means that the net profit of bingo, other than instant bingo, is used by, or is given, donated, or otherwise transferred to, any of the following:
(1) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or organization of veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post, chapter, or organization organized in the United States or any of its possessions, at least seventy-five per cent of the members of which are veterans and substantially all of the other members of which are individuals who are spouses, widows, or widowers of veterans, or such individuals, provided that no part of the net earnings of such post, chapter, or organization inures to the benefit of any private shareholder or individual, and further provided that the net profit is used by the post, chapter, or organization for the charitable purposes set forth in division (B)(12) of Section 5739.02 of the Revised Code, is used for awarding scholarships to or for attendance at an institution mentioned in division (B)(12) of Section 5739.02 of the Revised Code, is donated to a governmental agency, or is used for nonprofit youth activities, the purchase of United States or Ohio flags that are donated to schools, youth groups, or other bona fide nonprofit organizations, promotion of patriotism, or disaster relief;
(3) A fraternal organization that has been in continuous existence in this state for fifteen years and that uses the net profit exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, if contributions for such use would qualify as a deductible charitable contribution under subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net profit for the purposes set forth in division (1) of this section.
(aa) “Internal Revenue Code” means the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter amended.
(bb) “Youth athletic organization” means any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are twenty-one years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.
(cc) “Youth athletic park organization” means any organization, not organized for profit, that satisfies both of the following:
(1) It owns, operates, and maintains playing fields that satisfy both of the following:
A. The playing fields are used at least one hundred days per year for athletic activities by one or more organizations, not organized for profit, each of which is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are eighteen years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.
B. The playing fields are not used for any profit-making activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for the operation, maintenance, and improvement of its playing fields of the type described in division (cc)(1) of this section.
(dd) “Amateur athletic organization” means any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are training for amateur athletic competition that is sanctioned by a national governing body as defined in the “Amateur Sports Act of 1978,” 90 Stat. 3045, 36 U.S.C.A. 373.
(ee) “Bingo supplies” means bingo cards or sheets; instant bingo tickets or cards; electronic bingo aids; raffle tickets; punch boards; seal cards; instant bingo ticket dispensers; and devices for selecting or displaying the combination of bingo letters and numbers or raffle tickets. Items that are “bingo supplies” are not gambling devices if sold or otherwise provided, and used, in accordance with this chapter. For purposes of this chapter, “bingo supplies” are not to be considered equipment used to conduct a bingo game.
(ff) “Instant bingo” means a form of bingo that uses folded or banded tickets or paper cards with perforated break-open tabs, a face of which is covered or otherwise hidden from view to conceal a number, letter, or symbol, or set of numbers, letters, or symbols, some of which have been designated in advance as prize winners. “Instant bingo” includes seal cards. “Instant bingo” does not include any device that is activated by the insertion of a coin, currency, token, or an equivalent, and that contains as one of its components a video display monitor that is capable of displaying numbers, letters, symbols, or characters in winning or losing combinations.
(gg) “Seal card” means a form of instant bingo that uses instant bingo tickets in conjunction with a board or placard that contains one or more seals that, when removed or opened, reveal predesignated winning numbers, letters, or symbols.
(hh) “Raffle” means a form of bingo in which the one or more prizes are won by one or more persons who have purchased a raffle ticket. The one or more winners of the raffle are determined by drawing a ticket stub or other detachable section from a receptacle containing ticket stubs or detachable sections corresponding to all tickets sold for the raffle.
(ii) “Punch board” means a board containing a number of holes or receptacles of uniform size in which are placed, mechanically and randomly, serially numbered slips of paper that may be punched or drawn from the hole or receptacle when used in conjunction with instant bingo. A player may punch or draw the numbered slips of paper from the holes or receptacles and obtain the prize established for the game if the number drawn corresponds to a winning number or, if the punch board includes the use of a seal card, a potential winning number.
(jj) “Gross profit” means gross receipts minus the amount actually expended for the payment of prize awards.
(kk) “Net profit” means gross profit minus expenses.
(ll) “Expenses” means the reasonable amount of gross profit actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under Section 2915.08 of the Revised Code;
(3) Bank fees and service charges for a bingo session or game account described in Section 2915.10 of the Revised Code;
(4) Audits and accounting services;
(5) Safes;
(6) Cash registers;
(7) Hiring security personnel;
(8) Advertising bingo;
(9) Renting premises in which to conduct a bingo session;
(10) Tables and chairs;
(11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or canteen;
(12) Any other product or service directly related to the conduct of bingo that is authorized in rules adopted by the attorney general under division (B)(1) of Section 2915.08 of the Revised Code.
(mm) “Person” has the same meaning as in Section 1.59 of the Revised Code and includes any firm or any other legal entity, however organized.
(nn) “Distributor” means any person who purchases or obtains bingo supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise provides or offers to provide the bingo supplies to another person for use in this state.
(2) Modifies, converts, adds to, or removes parts from the bingo supplies to further their promotion or sale for use in this state.
(oo) “Manufacturer” means any person who assembles completed bingo supplies from raw materials, other items, or subparts or who modifies, converts, adds to, or removes parts from bingo supplies to further their promotion or sale.
(pp) (1) “Electronic bingo aid” means an electronic device used by a participant to monitor bingo cards or sheets purchased at the time and place of a bingo session and that does all of the following:
A. It provides a means for a participant to input numbers and letters announced by a bingo caller.
B. It compares the numbers and letters entered by the participant to the bingo faces previously stored in the memory of the device.
C. It identifies a winning bingo pattern.
(2) “Electronic bingo aid” does not include any device into which a coin, currency, token, or an equivalent is inserted to activate play.
(qq) (1) “Slot” machine means either of the following:
A. Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain, the outcome of which is determined largely or wholly by chance;
B. Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct or dispense bingo or a scheme or game of chance.
(2) “Slot machine” does not include a skill-based amusement machine.
(rr) “Historic railroad educational organization” means an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that owns in fee simple the tracks and the right of way of a historic railroad that the organization restores or maintains and on which the organization provides excursions as part of a program to promote tourism and educate visitors regarding the role of railroad transportation in Ohio history, and that received as donations from a charitable organization that holds a license to conduct bingo under this chapter an amount equal to at least fifty per cent of that licensed charitable organization's net proceeds from the conduct of bingo during each of the five years preceding June 30, 2003. “Historic railroad” means all or a portion of the tracks and right of way of a railroad that was owned and operated by a for profit common carrier in this state at any time prior to January 1, 1950.
(ss) (1) “Skill-based amusement machine” means a skill-based amusement device, such as a mechanical, electronic, video, or digital device, or machine, whether or not the skill-based amusement machine requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine's offering or to activate the machine, provided that all of the following apply:
A. The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates in the task, game, play, contest, competition, or tournament.
B. The outcome of an individual's play and participation is not determined largely or wholly by chance.
C. The outcome of play during a game is not controlled by a person not actively participating in the game.
(2) All of the following apply to any machine that is operated as described in division (aaa)(1) of this section:
A. As used in this section, “task,” “game,” and “play” mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.
B. Advance play for a single task, game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or tournament play.
C. To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of prizes that are stated prior to the start of the contest, competition, or tournament.
(tt) “Pool not conducted for profit” means a scheme in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.
(uu) “Sporting organization” means a hunting, fishing, or trapping organization, other than a college or high school fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization, including but not limited to, the Ohio League of sportsmen, and that has been in continuous existence in this state for a period of three years.
(vv) “Charitable game of chance operator” means any person, except security personnel, who perform work or labor at the site of a charitable game of chance, including, but not limited to, distributing or collecting money, chips, cards, or dice from participants, distributing anything of value to winners of the charitable game of chance, and serving food or beverages.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.01 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No person shall do any of the following:
(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking;
(2) Establish, promote, or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit or any scheme of chance;
(3) Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any game of chance conducted for profit or any scheme of chance;
(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;
(5) With purpose to violate this section, acquire, possess, control, or operate any gambling device.
(b) For purposes of division (a)(1) of this section, a person facilitates bookmaking if the person in any way knowingly aids an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal bookmaking. For purposes of division (a)(2) of this section, a person facilitates a game of chance conducted for profit or a scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme, including, without limitation, playing any such game or scheme.
(c) This section does not prohibit conduct in connection with gambling expressly permitted by law.
(d) This section does not apply to any of the following:
(1) Games of chance, if all of the following apply:
A. The games of chance are not craps for money or roulette for money.
B. The games of chance are conducted by a charitable organization that is, and has received from the internal revenue service a determination letter that is currently in effect, stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.
C. The games of chance are conducted at festivals of the charitable organization that are conducted either for a period of four consecutive days or less and not more than twice a year or for a period of five consecutive days not more than once a year, and are conducted on premises owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on premises that are leased from a veteran's or fraternal organization and that have been owned by the lessor veteran's or fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance.
A charitable organization shall not lease premises from a veteran's or fraternal organization to conduct a festival described in division (d)(1)C. of this section if the veteran's or fraternal organization already has leased the premises four times during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a veteran's or fraternal organization to conduct a festival described in division (d)(1)C. of this section, the charitable organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo session that a charitable organization may pay under division (B)(1) of Section 2915.09 of the Revised Code when it leases premises from another charitable organization to conduct bingo games.
D. All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct of the games of chance are used by, or given, donated, or otherwise transferred to, any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;
E. The games of chance are not conducted during, or within ten hours of, a bingo game conducted for amusement purposes only under Section 2915.12 of the Revised Code.
No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.
(2) Any tag fishing tournament operated under a permit issued under Section 1533.92 of the Revised Code, as “tag fishing tournament” is defined in Section 1531.01 of the Revised Code.
(3) Bingo conducted by a charitable organization that holds a license issued under Section 2915.08 of the Revised Code.
(e) Division (d) of this section shall not be construed to authorize the sale, lease, or other temporary or permanent transfer of the right to conduct games of chance, as granted by that division, by any charitable organization that is granted that right.
(f) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.02 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No charitable organization shall conduct a charitable game of chance or charitable scheme of chance between the hours of mid-night and 10:00 a.m. on Mondays through Fridays, and no charitable organization shall conduct a charitable game of chance or charitable scheme of chance between the hours of 1:00 a.m. and 10:00 a.m. on Saturdays and Sundays.
(b) No person who has been convicted for a felony or gambling offense in any jurisdiction shall serve as a charitable game of chance operator.
(c) No person who is under the age of 18 years shall serve as a charitable game of chance operator.
(d) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree. Each day upon which a violation occurs shall constitute a separate offense.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.03 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No charitable organization shall conduct a charitable game of chance, as defined in the Revised Code, without first registering with the Director of Public Safety in accordance with this section.
(b) The registration to conduct a charitable game of chance shall be furnished by the Director of Public Safety and shall contain the following information:
(1) the name and address of the charitable organization;
(2) an affirmation that the charitable organization is a charitable organization;
(3) the location at which the charitable organization will conduct the game of chance;
(4) the days of the week and the times on each of such days when a game of chance will be conducted;
(5) a sworn statement that charitable organization will comply with all of the requirements for conducting a game of chance under Section 2915.02 of the Revised Code;
(6) a sworn statement that it will take reasonable steps to ensure that all of the charitable game of chance operators are volunteers, are over the age of 18 and are not felons, and that none of the volunteers will be paid. A signed affidavit from each charitable game of chance operator attesting to these facts is a reasonable step. The Director of Public Safety shall provide sample affidavits to any charitable organization requesting them;
(7) a sworn statement that the charitable organization is receiving 100% of the proceeds less any costs or expenses allowed by law;
(8) identification of the source of the equipment and supplies for the operation of the charitable game of chance.
(c) A five dollar ($5.00) fee for each charitable game of chance shall accompany each registration application.
(d) Registration of a charitable game of chance shall be made at least twenty-one (21) days prior to the proposed date of the charitable game of chance.
(e) Registration shall not be required for a charitable game of chance involving the sale of raffle tickets when the sale of raffle tickets may occur at more than one location.
(f) The Director of Public Safety, upon receiving a completed registration form, shall issue to the applicant a proof of registration. This proof of registration shall be kept at the gambling site during all hours of operation and shall be shown to any Cleveland law enforcement officer who asks to see it.
(g) Whoever violates division (a) of this section is guilty of a fourth degree misdemeanor.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.04 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:
(1) Use or occupy such premises for gambling in violation of Section 611.02 or Section 2915.02 of the Revised Code;
(2) Recklessly permit such premises to be used or occupied for gambling in violation of Section 611.02 or Section 2915.02 of the Revised Code.
(b) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(c) Premises used or occupied in violation of this section constitute a nuisance subject to abatement under Sections 3767.01 to 3767.99 of the Revised Code.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.05 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall make a bet or play any game of chance or scheme of chance.
(b) No person, being the owner or lessee, or having custody, control, or supervision, of a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit those premises to be used or occupied in violation of division (a) of this section.
(c) No person while on any sidewalk, street, court, or alleyway, or at any park, playground, or school property, or on any City-owned or City-leased property shall make a bet or play any game of chance.
(d) Divisions (a) and (b) of this section do not prohibit conduct in connection with gambling expressly permitted by law.
(e) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this division, public gaming is a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a misdemeanor of the fourth degree.
(f) Premises used or occupied in violation of division (b) of this section constitute a nuisance subject to abatement under Chapter 3767 of the Revised Code.
(Ord. No. 293-05. Passed 12-5-05, eff. 12-12-05)
Note: Former section 611.06 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event;
(3) A scheme or game of chance;
(b) Whoever violates division (a) of this section is guilty of cheating. Cheating is a misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.07 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No charitable organization that conducts bingo shall fail to do any of the following:
(1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed to conduct bingo for a rental rate that is not more than is customary and reasonable for that equipment;
(2) Except as otherwise provided in division (a)(3) of this section, use all of the gross receipts from bingo for paying prizes, for reimbursement of expenses for or for renting premises in which to conduct a bingo session, for reimbursement of expenses for or for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement of expenses for or for hiring security personnel, for reimbursement of expenses for or for advertising bingo, or for reimbursement of other expenses or for other expenses listed in division (LL) of Section 2915.01 of the Revised Code, provided that the amount of the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring, advertising, or expense. If the building in which bingo is conducted is owned by the charitable organization conducting bingo and the bingo conducted includes a form of bingo described in division (S)(1) of Section 3915.01 of the Revised Code, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of six hundred dollars or forty-five per cent of the gross receipts from the bingo described in that division as consideration for the use of the premises.
(3) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo, other than instant bingo, for a charitable purpose listed in its license application and described in division (Z) of Section 2915.01 of the Revised Code.
(b) No charitable organization that conducts a bingo game described in division (S)(1) of Section 611.01 of the Revised Code shall fail to do any of the following:
(1) Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by another charitable organization and leased from that charitable organization for a rental rate not in excess of the lesser of six hundred dollars per bingo session or forty-five per cent of the gross receipts of the bingo session, on premises that are leased from a person other than a charitable organization for a rental rate that is not more than is customary and reasonable for premises that are similar in location, size, and quality but not in excess of four hundred fifty dollars per bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that person by another charitable organization, and that are subleased from that other charitable organization by the charitable organization for a rental rate not in excess of four hundred fifty dollars per bingo session. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo sessions, the lessor of the premises shall provide only the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo supplies, or any other type of service or equipment. A charitable organization shall not lease or sublease premises that it owns or leases to more than one other charitable organization per calendar week for the purpose of conducting bingo sessions on the premises. A person that is not a charitable organization shall not lease premises that it owns, leases, or otherwise is empowered to lease to more than one charitable organization per calendar week for conducting bingo sessions on the premises. In no case shall more than two bingo sessions be conducted on any premises in any calendar week.
(2) Display its license conspicuously at the premises where the bingo session is conducted;
(3) Conduct the bingo session in accordance with the definition of bingo set forth in division (S)(1) of Section 2915.01 of the Revised Code.
(c) No charitable organization that conducts a bingo game described in division (S)(1) of Section 2915.01 of the Revised Code shall do any of the following:
(1) Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable organization or for preparing, selling, or serving food or beverages at the site of the bingo session, permit any auxiliary unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or society of the charitable organization to prepare, sell, or serve food or beverages at a bingo session conducted by the charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;
(2) Pay consulting fees to any person for any services performed in relation to the bingo session;
(3) Pay concession fees to any person who provides refreshments to the participants in the bingo session;
(4) Except as otherwise provided in division (c)(4) of this section, conduct more than two bingo sessions in any seven-day period. A volunteer firefighter's organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than two bingo sessions in a seven-day period after notifying the attorney general when it will conduct the sessions.
(5) Pay out more than three thousand five hundred dollars in prizes for bingo games described in division (s)(1) of Section 2915.01 of the Revised Code during any bingo session that is conducted by the charitable organization. “Prizes” does not include awards from the conduct of instant bingo.
(6) Conduct a bingo session at any time during the ten-hour period between midnight and ten a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only under Section 2915.12 of the Revised Code, at any premises not specified on its license, or on any day of the week or during any time period not specified on its license. Division (a)(6) of this section does not prohibit the sale of instant bingo tickets beginning at nine a.m. for a bingo session that begins at ten a.m. If circumstances make it impractical for the charitable organization to conduct a bingo session at the premises, or on the day of the week or at the time, specified on its license or if a charitable organization wants to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license, the charitable organization may apply in writing to the attorney general for an amended license under division (F) of Section 2915.08 of the Revised Code. A charitable organization may apply twice in each calendar year for an amended license to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license. If the amended license is granted, the organization may conduct bingo sessions at the premises, on the day of the week, and at the time specified on its amended license.
(7) Permit any person whom the charitable organization knows, or should have known, is under the age of eighteen to work as a bingo game operator;
(8) Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator;
(9) Permit the lessor of the premises on which the bingo session is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo supplies, or any other type of service or equipment;
(10) Purchase or lease bingo supplies from any person except a distributor issued a license under Section 2915.081 of the Revised Code;
(11) A. Use or permit the use of electronic bingo aids except under the following circumstances:
1. For any single participant, not more than ninety bingo faces can be played using an electronic bingo aid or aids.
2. The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets.
3. The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo aid.
4. An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and devices that are located on the premises at which the bingo is being conducted or be interactive with any device not located on the premises at which the bingo is being conducted.
5. An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at which the bingo session is conducted and at which the electronic bingo aid is used.
6. An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is conducted and at which the electronic bingo aid is used.
(12) Permit any person the charitable organization knows, or should have known, to be under eighteen years of age to play bingo described in division (S)(1) of Section 2915.01 of the Revised Code.
(d) (1) Except as otherwise provided in division (d)(3) of this section, no charitable organization shall provide to a bingo game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing other work or labor at the site of bingo during a bingo session.
(e) Notwithstanding division (b)(1) of this section, a charitable organization that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to another charitable organization or other charitable organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week on the premises, and a person that is not a charitable organization and that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations, provided that no more than four sessions are conducted per calendar week, that the lessor organization or person has notified the attorney general in writing of the organizations that will conduct the sessions and the days of the week and the times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will conduct the sessions was filed with the attorney general prior to December 6, 1977, and that each organization that will conduct the sessions was issued a license to conduct bingo games by the attorney general prior to December 6, 1977.
(f) This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an instant bingo ticket as a prize.
(g) Except as otherwise provided in this division, whoever violates division (a)(1) or (3), (b)(1), (2), or (3), (c)(1) to (12), or (d) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of division (a)(1) or (3), (b)(1), (2), or (3), (c)(1) to (11), or, (d) of this section, a violation of division (a)(1) or (3), (b)(1), (2), or (3), (c), or (d) of this section is a misdemeanor of the first degree. Whoever violates division (d)(12) of this section is guilty of a misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.08 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No charitable organization that conducts bingo or a game of chance pursuant to division (D) of Section 2915.02 of the Revised Code shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:
(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number;
(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or instant bingo, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;
(3) A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number, and the name, address, and social security number of all persons who are winners of prizes of six hundred dollars or more in value;
(4) An itemized list of the recipients of the net profit of the bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable or other purpose set forth in division (Z) of Section 2915.01, division (D) of Section 2915.02, or Section 2915.101 of the Revised Code, a list of each purpose and an itemized list of each expenditure for each purpose;
(5) The number of persons who participate in any bingo session or game of chance that is conducted by the charitable organization;
(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from gross receipts under division (X) of Section 2915.01 of the Revised Code;
(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.
(b) A charitable organization shall keep the records that it is required to maintain pursuant to division (a) of this section at its principal place of business in this state or at its headquarters in this state and shall notify the attorney general of the location at which those records are kept.
(c) The gross profit from each bingo session or game described in division (S)(1) or (2) of Section 2915.01 of the Revised Code shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks drawn on the bingo session or game account.
(d) Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of November of each year.
(e) The attorney general may adopt rules in accordance with Chapter 119 of the Revised Code that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.
(f) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this state. The record shall include all of the following for each instance:
(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;
(2) The name and address of the charitable organization or other distributor to which the bingo supplies were sold or otherwise provided;
(3) A description that clearly identifies the bingo supplies;
(4) Invoices that include the non-repeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.
(g) A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this state. The record shall include all of the following for each instance:
(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;
(2) A description that clearly identifies the bingo supplies, including serial numbers;
(3) Invoices that include the non-repeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.
(h) The attorney general or any law enforcement agency may do all of the following:
(1) Investigate any charitable organization or any officer, agent, trustee, member, or employee of the organization;
(2) Examine the accounts and records of the organization;
(3) Conduct inspections, audits, and observations of bingo or games of chance;
(4) Conduct inspections of the premises where bingo or games of chance are conducted;
(5) Take any other necessary and reasonable action to determine if a violation of any provision of Sections 2915.01 to 2915.13 of the Revised Code has occurred and to determine whether Section 2915.11 of the Revised Code has been complied with.
If any law enforcement agency has reasonable grounds to believe that a charitable organization or an officer, agent, trustee, member, or employee of the organization has violated any provision of this chapter, the law enforcement agency may proceed by action in the proper court to enforce this chapter, provided that the law enforcement agency shall give written notice to the attorney general when commencing an action as described in this division.
(i) No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of bingo or a game of chance or premises where bingo or a game of chance is conducted, or refuse to comply with any reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by, the attorney general or a law enforcement agency pursuant to division (h) of this section.
(j) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.09 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) No person shall be a bingo game operator unless he is eighteen years of age or older.
(b) No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.
(c) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree.
(d) Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
Note: Former section 611.10 was repealed by Ord. No. 487A-04, passed 10-25-04, eff. 10-27-04.
(a) Sections 2915.07 to 2915.11 of the Revised Code do not apply to bingo games that are conducted for the purpose of amusement only. A bingo game is conducted for the purpose of amusement only if it complies with all of the requirements specified in either division (a)(1) or (2) of this section:
(1) A. The participants do not pay any money or any other thing of value including an admission fee, or any fee for bingo cards or sheets, objects to cover the spaces, or other devices used in playing bingo, for the privilege of participating in the bingo game, or to defray any costs of the game, or pay tips or make donations during or immediately before or after the bingo game.
B. All prizes awarded during the course of the game are nonmonetary, and in the form of merchandise, goods, or entitlements to goods or services only, and the total value of all prizes awarded during the game is less than one hundred dollars.
C. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
D. The bingo game is not conducted either during or within ten hours of any of the following:
1. A bingo session during which a charitable bingo game is conducted under Sections 2915.07 to 2915.11 of the Revised Code;
2. A scheme or game of chance, or bingo described in division (S)(2) of Section 2915.01 of the Revised Code.
E. The number of players participating in the bingo game does not exceed fifty.
(2) A. The participants do not pay money or any other thing of value as an admission fee, and no participant is charged more than twenty-five cents to purchase a bingo card or sheet, objects to cover the spaces, or other devices used in playing bingo.
B. The total amount of money paid by all of the participants for bingo cards or sheets, objects to cover the spaces, or other devices used in playing bingo does not exceed one hundred dollars.
C. All of the money paid for bingo cards or sheets, objects to cover spaces, or other devices used in playing bingo is used only to pay winners monetary and nonmonetary prizes and to provide refreshments.
D. The total value of all prizes awarded during the game does not exceed one hundred dollars.
E. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
F. The bingo game is not conducted during or within ten hours of either of the following:
1. A bingo session during which a charitable bingo game is conducted under Sections 2915.07 to 2915.11 of the Revised Code;
2. A scheme of chance or game of chance, or bingo described in division (S)(2) of Section 2915.01 of the Revised Code.
G. All of the participants reside at the premises where the bingo game is conducted.
H. The bingo games are conducted on different days of the week and not more than twice in a calendar week.
(b) The attorney general or any local law enforcement agency may investigate the conduct of a bingo game that purportedly is conducted for purposes of amusement only if there is reason to believe that the purported amusement bingo game does not comply with the requirements of either division (a)(1) or (2) of this section. A local law enforcement agency may proceed by action in the proper court to enforce this section if the local law enforcement agency gives written notice to the attorney general when commencing the action.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)
(a) No person shall exhibit, operate or permit the operation of any machine, device or instrument, whether or not it purports to vend or distribute merchandise or to furnish recreation or amusement, which is operated by the insertion of any token, slug or disc, or exhibit, operate or permit the operation of any machine, device or instrument which is operated by the insertion of any coin, whether such machine, device or instrument purports to vend or distribute merchandise or to furnish recreation or amusement, which as a result of such operation discharges one or more coins, tokens, slugs or discs, or other memorandum of the result of operation which makes it possible for one user to receive more value than another user inserting a similar coin.
(b) Whoever violates this section is guilty of permitting unlawful coin machines, a misdemeanor of the third degree.
(Ord. No. 487-A-04. Passed 10-25-04, eff. 10-27-04)