As Passed by the Senate

128th General Assembly Regular Session 2009-2010

S. B. No. 153

Senator Patton 

Cosponsors: Senators Kearney, Cafaro, Miller, D., Morano, Schaffer, Seitz, Gillmor, Goodman, Schiavoni, Wilson, Faber 

---

A BILL

To amend sections 2915.01 and 2915.091 of the Revised

1

Code to change the definition of "instant bingo

2

ticket dispenser" and to authorize a charitable

3

organization to purchase, lease, and use instant

4

bingo ticket dispensers.

5

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

Section 1. That sections 2915.01 and 2915.091 of the Revised	6
Code be amended to read as follows:	7

Sec. 2915.01.  As used in this chapter:

8

(A) "Bookmaking" means the business of receiving or paying	9
off bets.	10

(B) "Bet" means the hazarding of anything of value upon the	11
result of an event, undertaking, or contingency, but does not	12
include a bona fide business risk.	13

(C) "Scheme of chance" means a slot machine, lottery, numbers	14
game, pool conducted for profit, or other scheme in which a	15
participant gives a valuable consideration for a chance to win a	16
prize, but does not include bingo, a skill-based amusement	17
machine, or a pool not conducted for profit.	18

(D) "Game of chance" means poker, craps, roulette, or other	19
game in which a player gives anything of value in the hope of	20
gain, the outcome of which is determined largely by chance, but	21
does not include bingo.	22

(E) "Game of chance conducted for profit" means any game of	23
chance designed to produce income for the person who conducts or	24
operates the game of chance, but does not include bingo.	25

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

26

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

27

(2) A ticket, token, or other device representing a chance,	28
share, or interest in a scheme of chance or evidencing a bet;	29

(3) A deck of cards, dice, gaming table, roulette wheel, slot	30
machine, or other apparatus designed for use in connection with a	31
game of chance;	32

(4) Any equipment, device, apparatus, or paraphernalia	33
specially designed for gambling purposes;	34

(5) Bingo supplies sold or otherwise provided, or used, in	35
violation of this chapter.	36

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

37

(1) A violation of section 2915.02, 2915.03, 2915.04,	38
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	39
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	40

(2) A violation of an existing or former municipal ordinance	41
or law of this or any other state or the United States	42
substantially equivalent to any section listed in division (G)(1)	43
of this section or a violation of section 2915.06 of the Revised	44
Code as it existed prior to July 1, 1996;	45

(3) An offense under an existing or former municipal	46
ordinance or law of this or any other state or the United States,	47
of which gambling is an element;	48

(4) A conspiracy or attempt to commit, or complicity in	49
committing, any offense under division (G)(1), (2), or (3) of this	50
section.	51

(H) Except as otherwise provided in this chapter, "charitable	52
organization" means any tax exempt religious, educational,	53
veteran's, fraternal, sporting, service, nonprofit medical,	54
volunteer rescue service, volunteer firefighter's, senior	55
citizen's, historic railroad educational, youth athletic, amateur	56
athletic, or youth athletic park organization. An organization is	57
tax exempt if the organization is, and has received from the	58
internal revenue service a determination letter that currently is	59
in effect stating that the organization is, exempt from federal	60
income taxation under subsection 501(a) and described in	61
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	62
501(c)(19) of the Internal Revenue Code, or if the organization is	63
a sporting organization that is exempt from federal income	64
taxation under subsection 501(a) and is described in subsection	65
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	66
organization, an organization, except a volunteer rescue service	67
or volunteer firefighter's organization, shall have been in	68
continuous existence as such in this state for a period of two	69
years immediately preceding either the making of an application	70
for a bingo license under section 2915.08 of the Revised Code or	71
the conducting of any game of chance as provided in division (D)	72
of section 2915.02 of the Revised Code. A charitable organization	73
that is exempt from federal income taxation under subsection	74
501(a) and described in subsection 501(c)(3) of the Internal	75
Revenue Code and that is created by a veteran's organization, a	76
fraternal organization, or a sporting organization does not have	77
to have been in continuous existence as such in this state for a	78
period of two years immediately preceding either the making of an	79
application for a bingo license under section 2915.08 of the	80
Revised Code or the conducting of any game of chance as provided	81
in division (D) of section 2915.02 of the Revised Code.	82

(I) "Religious organization" means any church, body of	83
communicants, or group that is not organized or operated for	84
profit and that gathers in common membership for regular worship	85
and religious observances.	86

(J) "Educational organization" means any organization within	87
this state that is not organized for profit, the primary purpose	88
of which is to educate and develop the capabilities of individuals	89
through instruction by means of operating or contributing to the	90
support of a school, academy, college, or university.	91

(K) "Veteran's organization" means any individual post or	92
state headquarters of a national veteran's association or an	93
auxiliary unit of any individual post of a national veteran's	94
association, which post, state headquarters, or auxiliary unit has	95
been in continuous existence in this state for at least two years	96
and incorporated as a nonprofit corporation and either has	97
received a letter from the state headquarters of the national	98
veteran's association indicating that the individual post or	99
auxiliary unit is in good standing with the national veteran's	100
association or has received a letter from the national veteran's	101
association indicating that the state headquarters is in good	102
standing with the national veteran's association. As used in this	103
division, "national veteran's association" means any veteran's	104
association that has been in continuous existence as such for a	105
period of at least five years and either is incorporated by an act	106
of the United States congress or has a national dues-paying	107
membership of at least five thousand persons.	108

(L) "Volunteer firefighter's organization" means any	109
organization of volunteer firefighters, as defined in section	110
146.01 of the Revised Code, that is organized and operated	111
exclusively to provide financial support for a volunteer fire	112
department or a volunteer fire company and that is recognized or	113
ratified by a county, municipal corporation, or township.	114

(M) "Fraternal organization" means any society, order, state	115
headquarters, or association within this state, except a college	116
or high school fraternity, that is not organized for profit, that	117
is a branch, lodge, or chapter of a national or state	118
organization, that exists exclusively for the common business or	119
sodality of its members, and that has been in continuous existence	120
in this state for a period of five years.	121

(N) "Volunteer rescue service organization" means any	122
organization of volunteers organized to function as an emergency	123
medical service organization, as defined in section 4765.01 of the	124
Revised Code.	125

(O) "Service organization" means either of the following:

126

(1) Any organization, not organized for profit, that is	127
organized and operated exclusively to provide, or to contribute to	128
the support of organizations or institutions organized and	129
operated exclusively to provide, medical and therapeutic services	130
for persons who are crippled, born with birth defects, or have any	131
other mental or physical defect or those organized and operated	132
exclusively to protect, or to contribute to the support of	133
organizations or institutions organized and operated exclusively	134
to protect, animals from inhumane treatment or provide immediate	135
shelter to victims of domestic violence;	136

(2) Any organization that is described in subsection	137
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	138
and is either a governmental unit or an organization that is tax	139
exempt under subsection 501(a) and described in subsection	140
501(c)(3) of the Internal Revenue Code and that is an	141
organization, not organized for profit, that is organized and	142
operated primarily to provide, or to contribute to the support of	143
organizations or institutions organized and operated primarily to	144
provide, medical and therapeutic services for persons who are	145
crippled, born with birth defects, or have any other mental or	146
physical defect.	147

(P) "Nonprofit medical organization" means either of the	148
following:	149

(1) Any organization that has been incorporated as a	150
nonprofit corporation for at least five years and that has	151
continuously operated and will be operated exclusively to provide,	152
or to contribute to the support of organizations or institutions	153
organized and operated exclusively to provide, hospital, medical,	154
research, or therapeutic services for the public;	155

(2) Any organization that is described and qualified under	156
subsection 501(c)(3) of the Internal Revenue Code, that has been	157
incorporated as a nonprofit corporation for at least five years,	158
and that has continuously operated and will be operated primarily	159
to provide, or to contribute to the support of organizations or	160
institutions organized and operated primarily to provide,	161
hospital, medical, research, or therapeutic services for the	162
public.	163

(Q) "Senior citizen's organization" means any private	164
organization, not organized for profit, that is organized and	165
operated exclusively to provide recreational or social services	166
for persons who are fifty-five years of age or older and that is	167
described and qualified under subsection 501(c)(3) of the Internal	168
Revenue Code.	169

(R) "Charitable bingo game" means any bingo game described in	170
division (S)(1) or (2) of this section that is conducted by a	171
charitable organization that has obtained a license pursuant to	172
section 2915.08 of the Revised Code and the proceeds of which are	173
used for a charitable purpose.	174

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

175

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

176

(a) The participants use bingo cards or sheets, including	177
paper formats and electronic representation or image formats, that	178
are divided into twenty-five spaces arranged in five horizontal	179
and five vertical rows of spaces, with each space, except the	180
central space, being designated by a combination of a letter and a	181
number and with the central space being designated as a free	182
space.	183

(b) The participants cover the spaces on the bingo cards or	184
sheets that correspond to combinations of letters and numbers that	185
are announced by a bingo game operator.	186

(c) A bingo game operator announces combinations of letters	187
and numbers that appear on objects that a bingo game operator	188
selects by chance, either manually or mechanically, from a	189
receptacle that contains seventy-five objects at the beginning of	190
each game, each object marked by a different combination of a	191
letter and a number that corresponds to one of the seventy-five	192
possible combinations of a letter and a number that can appear on	193
the bingo cards or sheets.	194

(d) The winner of the bingo game includes any participant who	195
properly announces during the interval between the announcements	196
of letters and numbers as described in division (S)(1)(c) of this	197
section, that a predetermined and preannounced pattern of spaces	198
has been covered on a bingo card or sheet being used by the	199
participant.	200

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

201

(T) "Conduct" means to back, promote, organize, manage, carry	202
on, sponsor, or prepare for the operation of bingo or a game of	203
chance.	204

(U) "Bingo game operator" means any person, except security	205
personnel, who performs work or labor at the site of bingo,	206
including, but not limited to, collecting money from participants,	207
handing out bingo cards or sheets or objects to cover spaces on	208
bingo cards or sheets, selecting from a receptacle the objects	209
that contain the combination of letters and numbers that appear on	210
bingo cards or sheets, calling out the combinations of letters and	211
numbers, distributing prizes, selling or redeeming instant bingo	212
tickets or cards, supervising the operation of a punch board,	213
selling raffle tickets, selecting raffle tickets from a receptacle	214
and announcing the winning numbers in a raffle, and preparing,	215
selling, and serving food or beverages.	216

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

217

(W) "Bingo session" means a period that includes both of the	218
following:	219

(1) Not to exceed five continuous hours for the conduct of	220
one or more games described in division (S)(1) of this section,	221
instant bingo, and seal cards;	222

(2) A period for the conduct of instant bingo and seal cards	223
for not more than two hours before and not more than two hours	224
after the period described in division (W)(1) of this section.	225

(X) "Gross receipts" means all money or assets, including	226
admission fees, that a person receives from bingo without the	227
deduction of any amounts for prizes paid out or for the expenses	228
of conducting bingo. "Gross receipts" does not include any money	229
directly taken in from the sale of food or beverages by a	230
charitable organization conducting bingo, or by a bona fide	231
auxiliary unit or society of a charitable organization conducting	232
bingo, provided all of the following apply:	233

(1) The auxiliary unit or society has been in existence as a	234
bona fide auxiliary unit or society of the charitable organization	235
for at least two years prior to conducting bingo.	236

(2) The person who purchases the food or beverage receives	237
nothing of value except the food or beverage and items customarily	238
received with the purchase of that food or beverage.	239

(3) The food and beverages are sold at customary and	240
reasonable prices.	241

(Y) "Security personnel" includes any person who either is a	242
sheriff, deputy sheriff, marshal, deputy marshal, township	243
constable, or member of an organized police department of a	244
municipal corporation or has successfully completed a peace	245
officer's training course pursuant to sections 109.71 to 109.79 of	246
the Revised Code and who is hired to provide security for the	247
premises on which bingo is conducted.	248

(Z) "Charitable purpose" means that the net profit of bingo,	249
other than instant bingo, is used by, or is given, donated, or	250
otherwise transferred to, any of the following:	251

(1) Any organization that is described in subsection	252
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	253
and is either a governmental unit or an organization that is tax	254
exempt under subsection 501(a) and described in subsection	255
501(c)(3) of the Internal Revenue Code;	256

(2) A veteran's organization that is a post, chapter, or	257
organization of veterans, or an auxiliary unit or society of, or a	258
trust or foundation for, any such post, chapter, or organization	259
organized in the United States or any of its possessions, at least	260
seventy-five per cent of the members of which are veterans and	261
substantially all of the other members of which are individuals	262
who are spouses, widows, or widowers of veterans, or such	263
individuals, provided that no part of the net earnings of such	264
post, chapter, or organization inures to the benefit of any	265
private shareholder or individual, and further provided that the	266
net profit is used by the post, chapter, or organization for the	267
charitable purposes set forth in division (B)(12) of section	268
5739.02 of the Revised Code, is used for awarding scholarships to	269
or for attendance at an institution mentioned in division (B)(12)	270
of section 5739.02 of the Revised Code, is donated to a	271
governmental agency, or is used for nonprofit youth activities,	272
the purchase of United States or Ohio flags that are donated to	273
schools, youth groups, or other bona fide nonprofit organizations,	274
promotion of patriotism, or disaster relief;	275

(3) A fraternal organization that has been in continuous	276
existence in this state for fifteen years and that uses the net	277
profit exclusively for religious, charitable, scientific,	278
literary, or educational purposes, or for the prevention of	279
cruelty to children or animals, if contributions for such use	280
would qualify as a deductible charitable contribution under	281
subsection 170 of the Internal Revenue Code;	282

(4) A volunteer firefighter's organization that uses the net	283
profit for the purposes set forth in division (L) of this section.	284

(AA) "Internal Revenue Code" means the "Internal Revenue Code	285
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	286
amended.	287

(BB) "Youth athletic organization" means any organization,	288
not organized for profit, that is organized and operated	289
exclusively to provide financial support to, or to operate,	290
athletic activities for persons who are twenty-one years of age or	291
younger by means of sponsoring, organizing, operating, or	292
contributing to the support of an athletic team, club, league, or	293
association.	294

(CC) "Youth athletic park organization" means any	295
organization, not organized for profit, that satisfies both of the	296
following:	297

(1) It owns, operates, and maintains playing fields that	298
satisfy both of the following:	299

(a) The playing fields are used at least one hundred days per	300
year for athletic activities by one or more organizations, not	301
organized for profit, each of which is organized and operated	302
exclusively to provide financial support to, or to operate,	303
athletic activities for persons who are eighteen years of age or	304
younger by means of sponsoring, organizing, operating, or	305
contributing to the support of an athletic team, club, league, or	306
association.	307

(b) The playing fields are not used for any profit-making	308
activity at any time during the year.	309

(2) It uses the proceeds of bingo it conducts exclusively for	310
the operation, maintenance, and improvement of its playing fields	311
of the type described in division (CC)(1) of this section.	312

(DD) "Amateur athletic organization" means any organization,	313
not organized for profit, that is organized and operated	314
exclusively to provide financial support to, or to operate,	315
athletic activities for persons who are training for amateur	316
athletic competition that is sanctioned by a national governing	317
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	318
3045, 36 U.S.C.A. 373.	319

(EE) "Bingo supplies" means bingo cards or sheets; instant	320
bingo tickets or cards; electronic bingo aids; raffle tickets;	321
punch boards; seal cards; instant bingo ticket dispensers; and	322
devices for selecting or displaying the combination of bingo	323
letters and numbers or raffle tickets. Items that are "bingo	324
supplies" are not gambling devices if sold or otherwise provided,	325
and used, in accordance with this chapter. For purposes of this	326
chapter, "bingo supplies" are not to be considered equipment used	327
to conduct a bingo game.	328

(FF) "Instant bingo" means a form of bingo that uses folded	329
or banded tickets or paper cards with perforated break-open tabs,	330
a face of which is covered or otherwise hidden from view to	331
conceal a number, letter, or symbol, or set of numbers, letters,	332
or symbols, some of which have been designated in advance as prize	333
winners. "Instant bingo" includes seal cards. "Instant bingo" does	334
not include any device that is activated by the insertion of a	335
coin, currency, token, or an equivalent, and that contains as one	336
of its components a video display monitor that is capable of	337
displaying numbers, letters, symbols, or characters in winning or	338
losing combinations.	339

(GG) "Seal card" means a form of instant bingo that uses	340
instant bingo tickets in conjunction with a board or placard that	341
contains one or more seals that, when removed or opened, reveal	342
predesignated winning numbers, letters, or symbols.	343

(HH) "Raffle" means a form of bingo in which the one or more	344
prizes are won by one or more persons who have purchased a raffle	345
ticket. The one or more winners of the raffle are determined by	346
drawing a ticket stub or other detachable section from a	347
receptacle containing ticket stubs or detachable sections	348
corresponding to all tickets sold for the raffle.	349

(II) "Punch board" means a board containing a number of holes	350
or receptacles of uniform size in which are placed, mechanically	351
and randomly, serially numbered slips of paper that may be punched	352
or drawn from the hole or receptacle when used in conjunction with	353
instant bingo. A player may punch or draw the numbered slips of	354
paper from the holes or receptacles and obtain the prize	355
established for the game if the number drawn corresponds to a	356
winning number or, if the punch board includes the use of a seal	357
card, a potential winning number.	358

(JJ) "Gross profit" means gross receipts minus the amount	359
actually expended for the payment of prize awards.	360

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

361

(LL) "Expenses" means the reasonable amount of gross profit	362
actually expended for all of the following:	363

(1) The purchase or lease of bingo supplies;

364

(2) The annual license fee required under section 2915.08 of	365
the Revised Code;	366

(3) Bank fees and service charges for a bingo session or game	367
account described in section 2915.10 of the Revised Code;	368

(4) Audits and accounting services;

369

(5) Safes;

370

(6) Cash registers;

371

(7) Hiring security personnel;

372

(8) Advertising bingo;

373

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

374

(10) Tables and chairs;

375

(11) Expenses for maintaining and operating a charitable	376
organization's facilities, including, but not limited to, a post	377
home, club house, lounge, tavern, or canteen and any grounds	378
attached to the post home, club house, lounge, tavern, or canteen;	379

(12) Any other product or service directly related to the	380
conduct of bingo that is authorized in rules adopted by the	381
attorney general under division (B)(1) of section 2915.08 of the	382
Revised Code.	383

(MM) "Person" has the same meaning as in section 1.59 of the	384
Revised Code and includes any firm or any other legal entity,	385
however organized.	386

(NN) "Revoke" means to void permanently all rights and	387
privileges of the holder of a license issued under section	388
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	389
gaming license issued by another jurisdiction.	390

(OO) "Suspend" means to interrupt temporarily all rights and	391
privileges of the holder of a license issued under section	392
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	393
gaming license issued by another jurisdiction.	394

(PP) "Distributor" means any person who purchases or obtains	395
bingo supplies and who does either of the following:	396

(1) Sells, offers for sale, or otherwise provides or offers	397
to provide the bingo supplies to another person for use in this	398
state;	399

(2) Modifies, converts, adds to, or removes parts from the	400
bingo supplies to further their promotion or sale for use in this	401
state.	402

(QQ) "Manufacturer" means any person who assembles completed	403
bingo supplies from raw materials, other items, or subparts or who	404
modifies, converts, adds to, or removes parts from bingo supplies	405
to further their promotion or sale.	406

(RR) "Gross annual revenues" means the annual gross receipts	407
derived from the conduct of bingo described in division (S)(1) of	408
this section plus the annual net profit derived from the conduct	409
of bingo described in division (S)(2) of this section.	410

(SS) "Instant bingo ticket dispenser" means a mechanical	411
device that dispenses an instant bingo ticket or card as the sole	412
item of value dispensed and that has the following	413
characteristics:	414

(1) It is activated upon the insertion of United States	415
currency.	416

(2) It performs no gaming functions.

417

(3) It does not contain a video display monitor or generate	418
noise.	419

(4) It is not capable of displaying any numbers, letters,	420
symbols, or characters in winning or losing combinations.	421

(5) It does not simulate or display rolling or spinning	422
reels.	423

(6) It is incapable of determining whether a dispensed bingo	424
ticket or card is a winning or nonwinning ticket or card and	425
requires a winning ticket or card to be paid by a bingo game	426
operator.	427

(7) It may provide accounting and security features to aid in	428
accounting for the instant bingo tickets or cards it dispenses.	429

(8) It is not part of an electronic network and is not	430
interactive.	431

(9) The insertion of tickets or cards into the device and the	432
removal of currency from the device that has been inserted into	433
the device are controlled by two separate keys that are controlled	434
by two separate individuals.	435

(TT)(1) "Electronic bingo aid" means an electronic device	436
used by a participant to monitor bingo cards or sheets purchased	437
at the time and place of a bingo session and that does all of the	438
following:	439

(a) It provides a means for a participant to input numbers	440
and letters announced by a bingo caller.	441

(b) It compares the numbers and letters entered by the	442
participant to the bingo faces previously stored in the memory of	443
the device.	444

(c) It identifies a winning bingo pattern.

445

(2) "Electronic bingo aid" does not include any device into	446
which a coin, currency, token, or an equivalent is inserted to	447
activate play.	448

(UU) "Deal of instant bingo tickets" means a single game of	449
instant bingo tickets all with the same serial number.	450

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

451

(a) Any mechanical, electronic, video, or digital device that	452
is capable of accepting anything of value, directly or indirectly,	453
from or on behalf of a player who gives the thing of value in the	454
hope of gain;	455

(b) Any mechanical, electronic, video, or digital device that	456
is capable of accepting anything of value, directly or indirectly,	457
from or on behalf of a player to conduct or dispense bingo or a	458
scheme or game of chance.	459

(2) "Slot machine" does not include a skill-based amusement	460
machine.	461

(WW) "Net profit from the proceeds of the sale of instant	462
bingo" means gross profit minus the ordinary, necessary, and	463
reasonable expense expended for the purchase of instant bingo	464
supplies.	465

(XX) "Charitable instant bingo organization" means an	466
organization that is exempt from federal income taxation under	467
subsection 501(a) and described in subsection 501(c)(3) of the	468
Internal Revenue Code and is a charitable organization as defined	469
in this section. A "charitable instant bingo organization" does	470
not include a charitable organization that is exempt from federal	471
income taxation under subsection 501(a) and described in	472
subsection 501(c)(3) of the Internal Revenue Code and that is	473
created by a veteran's organization, a fraternal organization, or	474
a sporting organization in regards to bingo conducted or assisted	475
by a veteran's organization, a fraternal organization, or a	476
sporting organization pursuant to section 2915.13 of the Revised	477
Code.	478

(YY) "Game flare" means the board or placard that accompanies	479
each deal of instant bingo tickets and that has printed on or	480
affixed to it the following information for the game:	481

(1) The name of the game;

482

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

483

(3) The form number;

484

(4) The ticket count;

485

(5) The prize structure, including the number of winning	486
instant bingo tickets by denomination and the respective winning	487
symbol or number combinations for the winning instant bingo	488
tickets;	489

(6) The cost per play;

490

(7) The serial number of the game.

491

(ZZ) "Historic railroad educational organization" means an	492
organization that is exempt from federal income taxation under	493
subsection 501(a) and described in subsection 501(c)(3) of the	494
Internal Revenue Code, that owns in fee simple the tracks and the	495
right of way of a historic railroad that the organization restores	496
or maintains and on which the organization provides excursions as	497
part of a program to promote tourism and educate visitors	498
regarding the role of railroad transportation in Ohio history, and	499
that received as donations from a charitable organization that	500
holds a license to conduct bingo under this chapter an amount	501
equal to at least fifty per cent of that licensed charitable	502
organization's net proceeds from the conduct of bingo during each	503
of the five years preceding June 30, 2003. "Historic railroad"	504
means all or a portion of the tracks and right-of-way of a	505
railroad that was owned and operated by a for-profit common	506
carrier in this state at any time prior to January 1, 1950.	507

(AAA)(1) "Skill-based amusement machine" means a mechanical,	508
video, digital, or electronic device that rewards the player or	509
players, if at all, only with merchandise prizes or with	510
redeemable vouchers redeemable only for merchandise prizes,	511
provided that with respect to rewards for playing the game all	512
of the following apply:	513

(a) The wholesale value of a merchandise prize awarded as a	514
result of the single play of a machine does not exceed ten	515
dollars;	516

(b) Redeemable vouchers awarded for any single play of a	517
machine are not redeemable for a merchandise prize with a	518
wholesale value of more than ten dollars;	519

(c) Redeemable vouchers are not redeemable for a merchandise	520
prize that has a wholesale value of more than ten dollars times	521
the fewest number of single plays necessary to accrue the	522
redeemable vouchers required to obtain that prize; and	523

(d) Any redeemable vouchers or merchandise prizes are	524
distributed at the site of the skill-based amusement machine at	525
the time of play.	526

(2) A device shall not be considered a skill-based amusement	527
machine and shall be considered a slot machine if it pays cash or	528
one or more of the following apply:	529

(a) The ability of a player to succeed at the game is	530
impacted by the number or ratio of prior wins to prior losses of	531
players playing the game.	532

(b) Any reward of redeemable vouchers is not based solely on	533
the player achieving the object of the game or the players	534
player's score;	535

(c) The outcome of the game, or the value of the redeemable	536
voucher or merchandise prize awarded for winning the game, can be	537
controlled by a source other than any player playing the game.	538

(d) The success of any player is or may be determined by a	539
chance event that cannot be altered by player actions.	540

(e) The ability of any player to succeed at the game is	541
determined by game features not visible or known to the player.	542

(f) The ability of the player to succeed at the game is	543
impacted by the exercise of a skill that no reasonable player	544
could exercise.	545

(3) All of the following apply to any machine that is	546
operated as described in division (AAA)(1) of this section:	547

(a) As used in this section, "game" and "play" mean one	548
event from the initial activation of the machine until the	549
results of play are determined without payment of additional	550
consideration. An individual utilizing a machine that involves a	551
single game, play, contest, competition, or tournament may be	552
awarded redeemable vouchers or merchandise prizes based on the	553
results of play.	554

(b) Advance play for a single game, play, contest,	555
competition, or tournament participation may be purchased. The	556
cost of the contest, competition, or tournament participation may	557
be greater than a single noncontest, competition, or tournament	558
play.	559

(c) To the extent that the machine is used in a contest,	560
competition, or tournament, that contest, competition, or	561
tournament has a defined starting and ending date and is open to	562
participants in competition for scoring and ranking results toward	563
the awarding of redeemable vouchers or merchandise prizes that are	564
stated prior to the start of the contest, competition, or	565
tournament.	566

(4) For purposes of division (AAA)(1) of this section, the	567
mere presence of a device, such as a pin-setting, ball-releasing,	568
or scoring mechanism, that does not contribute to or affect the	569
outcome of the play of the game does not make the device a	570
skill-based amusement machine.	571

(BBB) "Merchandise prize" means any item of value, but shall	572
not include any of the following:	573

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

574

(2) Plays on games of chance, state lottery tickets, bingo,	575
or instant bingo;	576

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

577

(4) A redeemable voucher that is redeemable for any of the	578
items listed in division (BBB)(1), (2), or (3) of this section.	579

(CCC) "Redeemable voucher" means any ticket, token, coupon,	580
receipt, or other noncash representation of value.	581

(DDD) "Pool not conducted for profit" means a scheme in which	582
a participant gives a valuable consideration for a chance to win a	583
prize and the total amount of consideration wagered is distributed	584
to a participant or participants.	585

(EEE) "Sporting organization" means a hunting, fishing, or	586
trapping organization, other than a college or high school	587
fraternity or sorority, that is not organized for profit, that is	588
affiliated with a state or national sporting organization,	589
including but not limited to, the Ohio league of sportsmen, and	590
that has been in continuous existence in this state for a period	591
of three years.	592

(FFF) "Community action agency" has the same meaning as in	593
section 122.66 of the Revised Code.	594

Sec. 2915.091.  (A) No charitable organization that conducts	595
instant bingo shall do any of the following:	596

(1) Fail to comply with the requirements of divisions (A)(1),	597
(2), and (3) of section 2915.09 of the Revised Code;	598

(2) Conduct instant bingo unless either of the following	599
applyapplies:	600

(a) That organization is, and has received from the internal	601
revenue service a determination letter that is currently in effect	602
stating that the organization is, exempt from federal income	603
taxation under subsection 501(a), is described in subsection	604
501(c)(3) of the Internal Revenue Code, is a charitable	605
organization as defined in section 2915.01 of the Revised Code, is	606
in good standing in the state pursuant to section 2915.08 of the	607
Revised Code, and is in compliance with Chapter 1716. of the	608
Revised Code;	609

(b) That organization is, and has received from the internal	610
revenue service a determination letter that is currently in effect	611
stating that the organization is, exempt from federal income	612
taxation under subsection 501(a), is described in subsection	613
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	614
organization described in subsection 501(c)(4) of the Internal	615
Revenue Code, and conducts instant bingo under section 2915.13 of	616
the Revised Code.	617

(3) Conduct instant bingo on any day, at any time, or at any	618
premises not specified on the organization's license issued	619
pursuant to section 2915.08 of the Revised Code;	620

(4) Permit any person whom the organization knows or should	621
have known has been convicted of a felony or gambling offense in	622
any jurisdiction to be a bingo game operator in the conduct of	623
instant bingo;	624

(5) Purchase or lease supplies used to conduct instant bingo	625
or punch board games from any person except a distributor licensed	626
under section 2915.081 of the Revised Code;	627

(6) Sell or provide any instant bingo ticket or card for a	628
price different from the price printed on it by the manufacturer	629
on either the instant bingo ticket or card or on the game flare;	630

(7) Sell an instant bingo ticket or card to a person under	631
eighteen years of age;	632

(8) Fail to keep unsold instant bingo tickets or cards for	633
less than three years;	634

(9) Pay any compensation to a bingo game operator for	635
conducting instant bingo that is conducted by the organization or	636
for preparing, selling, or serving food or beverages at the site	637
of the instant bingo game, permit any auxiliary unit or society of	638
the organization to pay compensation to any bingo game operator	639
who prepares, sells, or serves food or beverages at an instant	640
bingo game conducted by the organization, or permit any auxiliary	641
unit or society of the organization to prepare, sell, or serve	642
food or beverages at an instant bingo game conducted by the	643
organization, if the auxiliary unit or society pays any	644
compensation to the bingo game operators who prepare, sell, or	645
serve the food or beverages;	646

(10) Pay fees to any person for any services performed in	647
relation to an instant bingo game;	648

(11) Pay fees to any person who provides refreshments to the	649
participants in an instant bingo game;	650

(12)(a) Allow instant bingo tickets or cards to be sold to	651
bingo game operators at a premises at which the organization sells	652
instant bingo tickets or cards or to be sold to employees of a D	653
permit holder who are working at a premises at which instant bingo	654
tickets or cards are sold;	655

(b) Division (A)(12)(a) of this section does not prohibit a	656
licensed charitable organization or a bingo game operator from	657
giving any person an instant bingo ticketsticket as a prize.	658

(13) Fail to display its bingo license, and the serial	659
numbers of the deal of instant bingo tickets or cards to be sold,	660
conspicuously at each premises at which it sells instant bingo	661
tickets or cards;	662

(14) Possess a deal of instant bingo tickets or cards that	663
was not purchased from a distributor licensed under section	664
2915.081 of the Revised Code as reflected on an invoice issued by	665
the distributor that contains all of the information required by	666
division (E) of section 2915.10 of the Revised Code;	667

(15) Fail, once it opens a deal of instant bingo tickets or	668
cards, to continue to sell the tickets or cards in that deal until	669
the tickets or cards with the top two highest tiers of prizes in	670
that deal are sold;	671

(16) Purchase, lease, or use instant bingo ticket dispensers	672
to sell instant bingo tickets or cards;	673

(17) Possess bingo supplies that were not obtained in	674
accordance with sections 2915.01 to 2915.13 of the Revised Code.	675

(B)(1) A charitable organization may conduct instant bingo	676
other than at a bingo session at not more than five separate	677
locations. A charitable organization that is exempt from federal	678
taxation under subsection 501(a) and described in subsection	679
501(c)(3) of the Internal Revenue Code and that is created by a	680
veteran's organization or a fraternal organization is not limited	681
in the number of separate locations the charitable organization	682
may conduct instant bingo other than at a bingo session.	683

(2) A charitable organization may purchase, lease, or use	684
instant bingo ticket dispensers to sell instant bingo tickets or	685
cards.	686

(C) The attorney general may adopt rules in accordance with	687
Chapter 119. of the Revised Code that govern the conduct of	688
instant bingo by charitable organizations. Before those rules are	689
adopted, the attorney general shall reference the recommended	690
standards for opacity, randomization, minimum information, winner	691
protection, color, and cutting for instant bingo tickets or cards,	692
seal cards, and punch boards established by the North American	693
gaming regulators association.	694

(D) Whoever violates division (A) of this section or a rule	695
adopted under division (C) of this section is guilty of illegal	696
instant bingo conduct. Except as otherwise provided in this	697
division, illegal instant bingo conduct is a misdemeanor of the	698
first degree. If the offender previously has been convicted of a	699
violation of division (A) of this section or of such a rule,	700
illegal instant bingo conduct is a felony of the fifth degree.	701

Section 2.  That existing sections 2915.01 and 2915.091 of	702
the Revised Code are hereby repealed.	703