As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 491

Representatives Buchy, Blessing 

---

A BILL

To amend sections 119.12, 2915.01, 2915.03, 2915.06,

1

2915.061, 3770.01, 3770.02, 3770.05, 3772.01,

2

3772.02, 3772.03, 3772.032, 3772.033, 3772.04,

3

3772.06, 3772.07, 3772.10, 3772.12, 3772.121,

4

3772.15, 3772.17, 3772.21, 3772.23, 3772.31, and

5

3772.99 and to enact sections 2915.062 and 3772.14

6

of the Revised Code to make various changes to the

7

Gambling Law, Lottery Law, and Casino Law.

8

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

Section 1.  That sections 119.12, 2915.01, 2915.03, 2915.06,	9
2915.061, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02, 3772.03,	10
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10, 3772.12,	11
3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.31, and 3772.99	12
be amended and sections 2915.062 and 3772.14 of the Revised Code	13
be enacted to read as follows:	14

Sec. 119.12.  Any party adversely affected by any order of an	15
agency issued pursuant to an adjudication denying an applicant	16
admission to an examination, or denying the issuance or renewal of	17
a license or registration of a licensee, or revoking or suspending	18
a license, or allowing the payment of a forfeiture under section	19
4301.252 of the Revised Code may appeal from the order of the	20
agency to the court of common pleas of the county in which the	21
place of business of the licensee is located or the county in	22
which the licensee is a resident, except that appeals from	23
decisions of the liquor control commission, the Ohio casino	24
control commission, the state medical board, state chiropractic	25
board, and the board of nursing shall be to the court of common	26
pleas of Franklin county. If any party appealing from the order is	27
not a resident of and has no place of business in this state, the	28
party may appeal to the court of common pleas of Franklin county.	29

Any party adversely affected by any order of an agency issued	30
pursuant to any other adjudication may appeal to the court of	31
common pleas of Franklin county, except that appeals from orders	32
of the fire marshal issued under Chapter 3737. of the Revised Code	33
may be to the court of common pleas of the county in which the	34
building of the aggrieved person is located and except that	35
appeals under division (B) of section 124.34 of the Revised Code	36
from a decision of the state personnel board of review or a	37
municipal or civil service township civil service commission shall	38
be taken to the court of common pleas of the county in which the	39
appointing authority is located or, in the case of an appeal by	40
the department of rehabilitation and correction, to the court of	41
common pleas of Franklin county.	42

This section does not apply to appeals from the department of	43
taxation.	44

Any party desiring to appeal shall file a notice of appeal	45
with the agency setting forth the order appealed from and stating	46
that the agency's order is not supported by reliable, probative,	47
and substantial evidence and is not in accordance with law. The	48
notice of appeal may, but need not, set forth the specific grounds	49
of the party's appeal beyond the statement that the agency's order	50
is not supported by reliable, probative, and substantial evidence	51
and is not in accordance with law. The notice of appeal shall also	52
be filed by the appellant with the court. In filing a notice of	53
appeal with the agency or court, the notice that is filed may be	54
either the original notice or a copy of the original notice.	55
Unless otherwise provided by law relating to a particular agency,	56
notices of appeal shall be filed within fifteen days after the	57
mailing of the notice of the agency's order as provided in this	58
section. For purposes of this paragraph, an order includes a	59
determination appealed pursuant to division (C) of section 119.092	60
of the Revised Code. The amendments made to this paragraph by Sub.	61
H.B. 215 of the 128th general assembly are procedural, and this	62
paragraph as amended by those amendments shall be applied	63
retrospectively to all appeals pursuant to this paragraph filed	64
before the effective date of those amendmentsSeptember 13, 2010,	65
but not earlier than May 7, 2009, which was the date the supreme	66
court of Ohio released its opinion and judgment in Medcorp, Inc.	67
v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d	68
622.	69

The filing of a notice of appeal shall not automatically	70
operate as a suspension of the order of an agency. If it appears	71
to the court that an unusual hardship to the appellant will result	72
from the execution of the agency's order pending determination of	73
the appeal, the court may grant a suspension and fix its terms. If	74
an appeal is taken from the judgment of the court and the court	75
has previously granted a suspension of the agency's order as	76
provided in this section, the suspension of the agency's order	77
shall not be vacated and shall be given full force and effect	78
until the matter is finally adjudicated. No renewal of a license	79
or permit shall be denied by reason of the suspended order during	80
the period of the appeal from the decision of the court of common	81
pleas. In the case of an appeal from the Ohio casino control	82
commission, the state medical board, or the state chiropractic	83
board, the court may grant a suspension and fix its terms if it	84
appears to the court that an unusual hardship to the appellant	85
will result from the execution of the agency's order pending	86
determination of the appeal and the health, safety, and welfare of	87
the public will not be threatened by suspension of the order. This	88
provision shall not be construed to limit the factors the court	89
may consider in determining whether to suspend an order of any	90
other agency pending determination of an appeal.	91

The final order of adjudication may apply to any renewal of a	92
license or permit which has been granted during the period of the	93
appeal.	94

Notwithstanding any other provision of this section, any	95
order issued by a court of common pleas or a court of appeals	96
suspending the effect of an order of the liquor control commission	97
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	98
suspends, revokes, or cancels a permit issued under Chapter 4303.	99
of the Revised Code or that allows the payment of a forfeiture	100
under section 4301.252 of the Revised Code shall terminate not	101
more than six months after the date of the filing of the record of	102
the liquor control commission with the clerk of the court of	103
common pleas and shall not be extended. The court of common pleas,	104
or the court of appeals on appeal, shall render a judgment in that	105
matter within six months after the date of the filing of the	106
record of the liquor control commission with the clerk of the	107
court of common pleas. A court of appeals shall not issue an order	108
suspending the effect of an order of the liquor control commission	109
that extends beyond six months after the date on which the record	110
of the liquor control commission is filed with a court of common	111
pleas.	112

Notwithstanding any other provision of this section, any	113
order issued by a court of common pleas or a court of appeals	114
suspending the effect of an order of the Ohio casino control	115
commission issued under Chapter 3772. of the Revised Code that	116
limits, conditions, restricts, suspends, revokes, denies, not	117
renews, fines, or otherwise penalizes an applicant, licensee, or	118
person excluded or ejected from a casino facility in accordance	119
with section 3772.031 of the Revised Code shall terminate not more	120
than six months after the date of the filing of the record of the	121
Ohio casino control commission with the clerk of the court of	122
common pleas and shall not be extended. The court of common pleas,	123
or the court of appeals on appeal, shall render a judgment in that	124
matter within six months after the date of the filing of the	125
record of the Ohio casino control commission with the clerk of the	126
court of common pleas. A court of appeals shall not issue an order	127
suspending the effect of an order of the Ohio casino control	128
commission that extends beyond six months after the date on which	129
the record of the Ohio casino control commission is filed with the	130
clerk of a court of common pleas.	131

Notwithstanding any other provision of this section, any	132
order issued by a court of common pleas suspending the effect of	133
an order of the state medical board or state chiropractic board	134
that limits, revokes, suspends, places on probation, or refuses to	135
register or reinstate a certificate issued by the board or	136
reprimands the holder of the certificate shall terminate not more	137
than fifteen months after the date of the filing of a notice of	138
appeal in the court of common pleas, or upon the rendering of a	139
final decision or order in the appeal by the court of common	140
pleas, whichever occurs first.	141

Within thirty days after receipt of a notice of appeal from	142
an order in any case in which a hearing is required by sections	143
119.01 to 119.13 of the Revised Code, the agency shall prepare and	144
certify to the court a complete record of the proceedings in the	145
case. Failure of the agency to comply within the time allowed,	146
upon motion, shall cause the court to enter a finding in favor of	147
the party adversely affected. Additional time, however, may be	148
granted by the court, not to exceed thirty days, when it is shown	149
that the agency has made substantial effort to comply. The record	150
shall be prepared and transcribed, and the expense of it shall be	151
taxed as a part of the costs on the appeal. The appellant shall	152
provide security for costs satisfactory to the court of common	153
pleas. Upon demand by any interested party, the agency shall	154
furnish at the cost of the party requesting it a copy of the	155
stenographic report of testimony offered and evidence submitted at	156
any hearing and a copy of the complete record.	157

Notwithstanding any other provision of this section, any	158
party desiring to appeal an order or decision of the state	159
personnel board of review shall, at the time of filing a notice of	160
appeal with the board, provide a security deposit in an amount and	161
manner prescribed in rules that the board shall adopt in	162
accordance with this chapter. In addition, the board is not	163
required to prepare or transcribe the record of any of its	164
proceedings unless the appellant has provided the deposit	165
described above. The failure of the board to prepare or transcribe	166
a record for an appellant who has not provided a security deposit	167
shall not cause a court to enter a finding adverse to the board.	168

Unless otherwise provided by law, in the hearing of the	169
appeal, the court is confined to the record as certified to it by	170
the agency. Unless otherwise provided by law, the court may grant	171
a request for the admission of additional evidence when satisfied	172
that the additional evidence is newly discovered and could not	173
with reasonable diligence have been ascertained prior to the	174
hearing before the agency.	175

The court shall conduct a hearing on the appeal and shall	176
give preference to all proceedings under sections 119.01 to 119.13	177
of the Revised Code, over all other civil cases, irrespective of	178
the position of the proceedings on the calendar of the court. An	179
appeal from an order of the state medical board issued pursuant to	180
division (G) of either section 4730.25 or 4731.22 of the Revised	181
Code, or the state chiropractic board issued pursuant to section	182
4734.37 of the Revised Code, or the liquor control commission	183
issued pursuant to Chapter 4301. or 4303. of the Revised Code, or	184
the Ohio casino control commission issued pursuant to Chapter	185
3772. of the Revised Code shall be set down for hearing at the	186
earliest possible time and takes precedence over all other	187
actions. The hearing in the court of common pleas shall proceed as	188
in the trial of a civil action, and the court shall determine the	189
rights of the parties in accordance with the laws applicable to a	190
civil action. At the hearing, counsel may be heard on oral	191
argument, briefs may be submitted, and evidence may be introduced	192
if the court has granted a request for the presentation of	193
additional evidence.	194

The court may affirm the order of the agency complained of in	195
the appeal if it finds, upon consideration of the entire record	196
and any additional evidence the court has admitted, that the order	197
is supported by reliable, probative, and substantial evidence and	198
is in accordance with law. In the absence of this finding, it may	199
reverse, vacate, or modify the order or make such other ruling as	200
is supported by reliable, probative, and substantial evidence and	201
is in accordance with law. The court shall award compensation for	202
fees in accordance with section 2335.39 of the Revised Code to a	203
prevailing party, other than an agency, in an appeal filed	204
pursuant to this section.	205

The judgment of the court shall be final and conclusive	206
unless reversed, vacated, or modified on appeal. These appeals may	207
be taken either by the party or the agency, shall proceed as in	208
the case of appeals in civil actions, and shall be pursuant to the	209
Rules of Appellate Procedure and, to the extent not in conflict	210
with those rules, Chapter 2505. of the Revised Code. An appeal by	211
the agency shall be taken on questions of law relating to the	212
constitutionality, construction, or interpretation of statutes and	213
rules of the agency, and, in the appeal, the court may also review	214
and determine the correctness of the judgment of the court of	215
common pleas that the order of the agency is not supported by any	216
reliable, probative, and substantial evidence in the entire	217
record.	218

The court shall certify its judgment to the agency or take	219
any other action necessary to give its judgment effect.	220

Sec. 2915.01.  As used in this chapter:

221

(A) "Bookmaking" means the business of receiving or paying	222
off bets.	223

(B) "Bet" means the hazarding of anything of value upon the	224
result of an event, undertaking, or contingency, but does not	225
include a bona fide business risk.	226

(C) "Scheme of chance" means a slot machine unless authorized	227
under Chapter 3772. of the Revised Code, lottery unless authorized	228
under Chapter 3770. of the Revised Code, numbers game, pool	229
conducted for profit, or other scheme in which a participant gives	230
a valuable consideration for a chance to win a prize, but does not	231
include bingo, a skill-based amusement machine, or a pool not	232
conducted for profit. "Scheme of chance" includes the use of an	233
electronic device to reveal the results of a game entry if	234
valuable consideration is paid, directly or indirectly, for a	235
chance to win a prize. Valuable consideration is deemed to be paid	236
for a chance to win a prize in the following instances:	237

(1) Less than fifty per cent of the goods or services sold by	238
a scheme of chance operator in exchange for game entries are used	239
or redeemed by participants at any one location;	240

(2) Less than fifty per cent of participants who purchase	241
goods or services at any one location do not accept, use, or	242
redeem the goods or services sold or purportedly sold;	243

(3) More than fifty per cent of prizes at any one location	244
are revealed to participants through an electronic device	245
simulating a game of chance or a "casino game" as defined in	246
section 3772.01 of the Revised Code;	247

(4) The good or service sold by a scheme of chance operator	248
in exchange for a game entry cannot be used or redeemed in the	249
manner advertised;	250

(5) A participant pays more than fair market value for goods	251
or services offered by a scheme of chance operator in order to	252
receive one or more game entries;	253

(6) A participant may use the electronic device to purchase	254
additional game entries;	255

(7) A participant may purchase additional game entries by	256
using points or credits won as prizes while using the electronic	257
device;	258

(8) A scheme of chance operator pays out in prize money more	259
than twenty per cent of the gross revenue received at one	260
location; or	261

(9) A participant makes a purchase or exchange in order to	262
obtain any good or service that may be used to facilitate play on	263
the electronic device.	264

As used in this division, "electronic device" means a	265
mechanical, video, digital, or electronic machine or device that	266
is capable of displaying information on a screen or other	267
mechanism and that is owned, leased, or otherwise possessed by any	268
person conducting a scheme of chance, or by that person's	269
partners, affiliates, subsidiaries, or contractors.	270

(D) "Game of chance" means poker, craps, roulette, or other	271
game in which a player gives anything of value in the hope of	272
gain, the outcome of which is determined largely by chance, but	273
does not include bingo.	274

(E) "Game of chance conducted for profit" means any game of	275
chance designed to produce income for the person who conducts or	276
operates the game of chance, but does not include bingo.	277

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

278

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

279

(2) A ticket, token, or other device representing a chance,	280
share, or interest in a scheme of chance or evidencing a bet;	281

(3) A deck of cards, dice, gaming table, roulette wheel, slot	282
machine, or other apparatus designed for use in connection with a	283
game of chance;	284

(4) Any equipment, device, apparatus, or paraphernalia	285
specially designed for gambling purposes;	286

(5) Bingo supplies sold or otherwise provided, or used, in	287
violation of this chapter;	288

(6) Skill-based amusement machines or slot machines used in	289
violation of this chapter or Chapter 3772. of the Revised Code.	290

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

291

(1) A violation of section 2915.02, 2915.03, 2915.04,	292
2915.05, 2915.06, 2915.062, 2915.07, 2915.08, 2915.081, 2915.082,	293
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 or of division	294
(D), (E), or (F) of section 3772.99 of the Revised Code;	295

(2) A violation of an existing or former municipal ordinance	296
or law of this or any other state or the United States	297
substantially equivalent to any section listed in division (G)(1)	298
of this section or a violation of section 2915.06 of the Revised	299
Code as it existed prior to July 1, 1996;	300

(3) An offense under an existing or former municipal	301
ordinance or law of this or any other state or the United States,	302
of which gambling is an element;	303

(4) A conspiracy or attempt to commit, or complicity in	304
committing, any offense under division (G)(1), (2), or (3) of this	305
section.	306

(H) Except as otherwise provided in this chapter, "charitable	307
organization" means either of the following:	308

(1) An organization that is, and has received from the	309
internal revenue service a determination letter that currently is	310
in effect stating that the organization is, exempt from federal	311
income taxation under subsection 501(a) and described in	312
subsection 501(c)(3) of the Internal Revenue Code;	313

(2) A volunteer rescue service organization, volunteer	314
firefighter's organization, veteran's organization, fraternal	315
organization, or sporting organization that is exempt from federal	316
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	317
(c)(10), or (c)(19) of the Internal Revenue Code.	318

To qualify as a "charitable organization," an organization	319
shall have been in continuous existence as such in this state for	320
a period of two years immediately preceding either the making of	321
an application for a bingo license under section 2915.08 of the	322
Revised Code or the conducting of any game of chance as provided	323
in division (D) of section 2915.02 of the Revised Code.	324

(I) "Religious organization" means any church, body of	325
communicants, or group that is not organized or operated for	326
profit and that gathers in common membership for regular worship	327
and religious observances.	328

(J) "Veteran's organization" means any individual post or	329
state headquarters of a national veteran's association or an	330
auxiliary unit of any individual post of a national veteran's	331
association, which post, state headquarters, or auxiliary unit is	332
incorporated as a nonprofit corporation and either has received a	333
letter from the state headquarters of the national veteran's	334
association indicating that the individual post or auxiliary unit	335
is in good standing with the national veteran's association or has	336
received a letter from the national veteran's association	337
indicating that the state headquarters is in good standing with	338
the national veteran's association. As used in this division,	339
"national veteran's association" means any veteran's association	340
that has been in continuous existence as such for a period of at	341
least five years and either is incorporated by an act of the	342
United States congress or has a national dues-paying membership of	343
at least five thousand persons.	344

(K) "Volunteer firefighter's organization" means any	345
organization of volunteer firefighters, as defined in section	346
146.01 of the Revised Code, that is organized and operated	347
exclusively to provide financial support for a volunteer fire	348
department or a volunteer fire company and that is recognized or	349
ratified by a county, municipal corporation, or township.	350

(L) "Fraternal organization" means any society, order, state	351
headquarters, or association within this state, except a college	352
or high school fraternity, that is not organized for profit, that	353
is a branch, lodge, or chapter of a national or state	354
organization, that exists exclusively for the common business or	355
sodality of its members.	356

(M) "Volunteer rescue service organization" means any	357
organization of volunteers organized to function as an emergency	358
medical service organization, as defined in section 4765.01 of the	359
Revised Code.	360

(N) "Charitable bingo game" means any bingo game described in	361
division (O)(1) or (2) of this section that is conducted by a	362
charitable organization that has obtained a license pursuant to	363
section 2915.08 of the Revised Code and the proceeds of which are	364
used for a charitable purpose.	365

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

366

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

367

(a) The participants use bingo cards or sheets, including	368
paper formats and electronic representation or image formats, that	369
are divided into twenty-five spaces arranged in five horizontal	370
and five vertical rows of spaces, with each space, except the	371
central space, being designated by a combination of a letter and a	372
number and with the central space being designated as a free	373
space.	374

(b) The participants cover the spaces on the bingo cards or	375
sheets that correspond to combinations of letters and numbers that	376
are announced by a bingo game operator.	377

(c) A bingo game operator announces combinations of letters	378
and numbers that appear on objects that a bingo game operator	379
selects by chance, either manually or mechanically, from a	380
receptacle that contains seventy-five objects at the beginning of	381
each game, each object marked by a different combination of a	382
letter and a number that corresponds to one of the seventy-five	383
possible combinations of a letter and a number that can appear on	384
the bingo cards or sheets.	385

(d) The winner of the bingo game includes any participant who	386
properly announces during the interval between the announcements	387
of letters and numbers as described in division (O)(1)(c) of this	388
section, that a predetermined and preannounced pattern of spaces	389
has been covered on a bingo card or sheet being used by the	390
participant.	391

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

392

(P) "Conduct" means to back, promote, organize, manage, carry	393
on, sponsor, or prepare for the operation of bingo or a game of	394
chance, a scheme of chance, or a sweepstakes, or a skill-based	395
amusement machine.	396

(Q) "Bingo game operator" means any person, except security	397
personnel, who performs work or labor at the site of bingo,	398
including, but not limited to, collecting money from participants,	399
handing out bingo cards or sheets or objects to cover spaces on	400
bingo cards or sheets, selecting from a receptacle the objects	401
that contain the combination of letters and numbers that appear on	402
bingo cards or sheets, calling out the combinations of letters and	403
numbers, distributing prizes, selling or redeeming instant bingo	404
tickets or cards, supervising the operation of a punch board,	405
selling raffle tickets, selecting raffle tickets from a receptacle	406
and announcing the winning numbers in a raffle, and preparing,	407
selling, and serving food or beverages.	408

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

409

(S) "Bingo session" means a period that includes both of the	410
following:	411

(1) Not to exceed five continuous hours for the conduct of	412
one or more games described in division (O)(1) of this section,	413
instant bingo, and seal cards;	414

(2) A period for the conduct of instant bingo and seal cards	415
for not more than two hours before and not more than two hours	416
after the period described in division (S)(1) of this section.	417

(T) "Gross receipts" means all money or assets, including	418
admission fees, that a person receives from bingo without the	419
deduction of any amounts for prizes paid out or for the expenses	420
of conducting bingo. "Gross receipts" does not include any money	421
directly taken in from the sale of food or beverages by a	422
charitable organization conducting bingo, or by a bona fide	423
auxiliary unit or society of a charitable organization conducting	424
bingo, provided all of the following apply:	425

(1) The auxiliary unit or society has been in existence as a	426
bona fide auxiliary unit or society of the charitable organization	427
for at least two years prior to conducting bingo.	428

(2) The person who purchases the food or beverage receives	429
nothing of value except the food or beverage and items customarily	430
received with the purchase of that food or beverage.	431

(3) The food and beverages are sold at customary and	432
reasonable prices.	433

(U) "Security personnel" includes any person who either is a	434
sheriff, deputy sheriff, marshal, deputy marshal, township	435
constable, or member of an organized police department of a	436
municipal corporation or has successfully completed a peace	437
officer's training course pursuant to sections 109.71 to 109.79 of	438
the Revised Code and who is hired to provide security for the	439
premises on which bingo is conducted.	440

(V) "Charitable purpose" means that the net profit of bingo,	441
other than instant bingo, is used by, or is given, donated, or	442
otherwise transferred to, any of the following:	443

(1) Any organization that is described in subsection	444
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	445
and is either a governmental unit or an organization that is tax	446
exempt under subsection 501(a) and described in subsection	447
501(c)(3) of the Internal Revenue Code;	448

(2) A veteran's organization that is a post, chapter, or	449
organization of veterans, or an auxiliary unit or society of, or a	450
trust or foundation for, any such post, chapter, or organization	451
organized in the United States or any of its possessions, at least	452
seventy-five per cent of the members of which are veterans and	453
substantially all of the other members of which are individuals	454
who are spouses, widows, or widowers of veterans, or such	455
individuals, provided that no part of the net earnings of such	456
post, chapter, or organization inures to the benefit of any	457
private shareholder or individual, and further provided that the	458
net profit is used by the post, chapter, or organization for the	459
charitable purposes set forth in division (B)(12) of section	460
5739.02 of the Revised Code, is used for awarding scholarships to	461
or for attendance at an institution mentioned in division (B)(12)	462
of section 5739.02 of the Revised Code, is donated to a	463
governmental agency, or is used for nonprofit youth activities,	464
the purchase of United States or Ohio flags that are donated to	465
schools, youth groups, or other bona fide nonprofit organizations,	466
promotion of patriotism, or disaster relief;	467

(3) A fraternal organization that has been in continuous	468
existence in this state for fifteen years and that uses the net	469
profit exclusively for religious, charitable, scientific,	470
literary, or educational purposes, or for the prevention of	471
cruelty to children or animals, if contributions for such use	472
would qualify as a deductible charitable contribution under	473
subsection 170 of the Internal Revenue Code;	474

(4) A volunteer firefighter's organization that uses the net	475
profit for the purposes set forth in division (K) of this section.	476

(W) "Internal Revenue Code" means the "Internal Revenue Code	477
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	478
amended.	479

(X) "Youth athletic organization" means any organization, not	480
organized for profit, that is organized and operated exclusively	481
to provide financial support to, or to operate, athletic	482
activities for persons who are twenty-one years of age or younger	483
by means of sponsoring, organizing, operating, or contributing to	484
the support of an athletic team, club, league, or association.	485

(Y) "Youth athletic park organization" means any	486
organization, not organized for profit, that satisfies both of the	487
following:	488

(1) It owns, operates, and maintains playing fields that	489
satisfy both of the following:	490

(a) The playing fields are used at least one hundred days per	491
year for athletic activities by one or more organizations, not	492
organized for profit, each of which is organized and operated	493
exclusively to provide financial support to, or to operate,	494
athletic activities for persons who are eighteen years of age or	495
younger by means of sponsoring, organizing, operating, or	496
contributing to the support of an athletic team, club, league, or	497
association.	498

(b) The playing fields are not used for any profit-making	499
activity at any time during the year.	500

(2) It uses the proceeds of bingo it conducts exclusively for	501
the operation, maintenance, and improvement of its playing fields	502
of the type described in division (Y)(1) of this section.	503

(Z) "Bingo supplies" means bingo cards or sheets; instant	504
bingo tickets or cards; electronic bingo aids; raffle tickets;	505
punch boards; seal cards; instant bingo ticket dispensers; and	506
devices for selecting or displaying the combination of bingo	507
letters and numbers or raffle tickets. Items that are "bingo	508
supplies" are not gambling devices if sold or otherwise provided,	509
and used, in accordance with this chapter. For purposes of this	510
chapter, "bingo supplies" are not to be considered equipment used	511
to conduct a bingo game.	512

(AA) "Instant bingo" means a form of bingo that shall use	513
folded or banded tickets or paper cards with perforated break-open	514
tabs, a face of which is covered or otherwise hidden from view to	515
conceal a number, letter, or symbol, or set of numbers, letters,	516
or symbols, some of which have been designated in advance as prize	517
winners, and may also include games in which some winners are	518
determined by the random selection of one or more bingo numbers by	519
the use of a seal card or bingo blower. In all "instant bingo" the	520
prize amount and structure shall be predetermined. "Instant bingo"	521
does not include any device that is activated by the insertion of	522
a coin, currency, token, or an equivalent, and that contains as	523
one of its components a video display monitor that is capable of	524
displaying numbers, letters, symbols, or characters in winning or	525
losing combinations.	526

(BB) "Seal card" means a form of instant bingo that uses	527
instant bingo tickets in conjunction with a board or placard that	528
contains one or more seals that, when removed or opened, reveal	529
predesignated winning numbers, letters, or symbols.	530

(CC) "Raffle" means a form of bingo in which the one or more	531
prizes are won by one or more persons who have purchased a raffle	532
ticket. The one or more winners of the raffle are determined by	533
drawing a ticket stub or other detachable section from a	534
receptacle containing ticket stubs or detachable sections	535
corresponding to all tickets sold for the raffle. "Raffle" does	536
not include the drawing of a ticket stub or other detachable	537
section of a ticket purchased to attend a professional sporting	538
event if both of the following apply:	539

(1) The ticket stub or other detachable section is used to	540
select the winner of a free prize given away at the professional	541
sporting event; and	542

(2) The cost of the ticket is the same as the cost of a	543
ticket to the professional sporting event on days when no free	544
prize is given away.	545

(DD) "Punch board" means a board containing a number of holes	546
or receptacles of uniform size in which are placed, mechanically	547
and randomly, serially numbered slips of paper that may be punched	548
or drawn from the hole or receptacle when used in conjunction with	549
instant bingo. A player may punch or draw the numbered slips of	550
paper from the holes or receptacles and obtain the prize	551
established for the game if the number drawn corresponds to a	552
winning number or, if the punch board includes the use of a seal	553
card, a potential winning number.	554

(EE) "Gross profit" means gross receipts minus the amount	555
actually expended for the payment of prize awards.	556

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

557

(GG) "Expenses" means the reasonable amount of gross profit	558
actually expended for all of the following:	559

(1) The purchase or lease of bingo supplies;

560

(2) The annual license fee required under section 2915.08 of	561
the Revised Code;	562

(3) Bank fees and service charges for a bingo session or game	563
account described in section 2915.10 of the Revised Code;	564

(4) Audits and accounting services;

565

(5) Safes;

566

(6) Cash registers;

567

(7) Hiring security personnel;

568

(8) Advertising bingo;

569

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

570

(10) Tables and chairs;

571

(11) Expenses for maintaining and operating a charitable	572
organization's facilities, including, but not limited to, a post	573
home, club house, lounge, tavern, or canteen and any grounds	574
attached to the post home, club house, lounge, tavern, or canteen;	575

(12) Payment of real property taxes and assessments that are	576
levied on a premises on which bingo is conducted;	577

(13) Any other product or service directly related to the	578
conduct of bingo that is authorized in rules adopted by the	579
attorney general under division (B)(1) of section 2915.08 of the	580
Revised Code.	581

(HH) "Person" has the same meaning as in section 1.59 of the	582
Revised Code and includes any firm or any other legal entity,	583
however organized.	584

(II) "Revoke" means to void permanently all rights and	585
privileges of the holder of a license issued under section	586
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	587
gaming license issued by another jurisdiction.	588

(JJ) "Suspend" means to interrupt temporarily all rights and	589
privileges of the holder of a license issued under section	590
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	591
gaming license issued by another jurisdiction.	592

(KK) "Distributor" means any person who purchases or obtains	593
bingo supplies and who does either of the following:	594

(1) Sells, offers for sale, or otherwise provides or offers	595
to provide the bingo supplies to another person for use in this	596
state;	597

(2) Modifies, converts, adds to, or removes parts from the	598
bingo supplies to further their promotion or sale for use in this	599
state.	600

(LL) "Manufacturer" means any person who assembles completed	601
bingo supplies from raw materials, other items, or subparts or who	602
modifies, converts, adds to, or removes parts from bingo supplies	603
to further their promotion or sale.	604

(MM) "Gross annual revenues" means the annual gross receipts	605
derived from the conduct of bingo described in division (O)(1) of	606
this section plus the annual net profit derived from the conduct	607
of bingo described in division (O)(2) of this section.	608

(NN) "Instant bingo ticket dispenser" means a mechanical	609
device that dispenses an instant bingo ticket or card as the sole	610
item of value dispensed and that has the following	611
characteristics:	612

(1) It is activated upon the insertion of United States	613
currency.	614

(2) It performs no gaming functions.

615

(3) It does not contain a video display monitor or generate	616
noise.	617

(4) It is not capable of displaying any numbers, letters,	618
symbols, or characters in winning or losing combinations.	619

(5) It does not simulate or display rolling or spinning	620
reels.	621

(6) It is incapable of determining whether a dispensed bingo	622
ticket or card is a winning or nonwinning ticket or card and	623
requires a winning ticket or card to be paid by a bingo game	624
operator.	625

(7) It may provide accounting and security features to aid in	626
accounting for the instant bingo tickets or cards it dispenses.	627

(8) It is not part of an electronic network and is not	628
interactive.	629

(OO)(1) "Electronic bingo aid" means an electronic device	630
used by a participant to monitor bingo cards or sheets purchased	631
at the time and place of a bingo session and that does all of the	632
following:	633

(a) It provides a means for a participant to input numbers	634
and letters announced by a bingo caller.	635

(b) It compares the numbers and letters entered by the	636
participant to the bingo faces previously stored in the memory of	637
the device.	638

(c) It identifies a winning bingo pattern.

639

(2) "Electronic bingo aid" does not include any device into	640
which a coin, currency, token, or an equivalent is inserted to	641
activate play.	642

(PP) "Deal of instant bingo tickets" means a single game of	643
instant bingo tickets all with the same serial number.	644

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

645

(a) Any mechanical, electronic, video, or digital device that	646
is capable of accepting anything of value, directly or indirectly,	647
from or on behalf of a player who gives the thing of value in the	648
hope of gain;	649

(b) Any mechanical, electronic, video, or digital device that	650
is capable of accepting anything of value, directly or indirectly,	651
from or on behalf of a player to conduct bingo or a scheme or game	652
of chance.	653

(2) "Slot machine" does not include a skill-based amusement	654
machine or an instant bingo ticket dispenser.	655

(RR) "Net profit from the proceeds of the sale of instant	656
bingo" means gross profit minus the ordinary, necessary, and	657
reasonable expense expended for the purchase of instant bingo	658
supplies, and, in the case of instant bingo conducted by a	659
veteran's, fraternal, or sporting organization, minus the payment	660
by that organization of real property taxes and assessments levied	661
on a premises on which instant bingo is conducted.	662

(SS) "Charitable instant bingo organization" means an	663
organization that is exempt from federal income taxation under	664
subsection 501(a) and described in subsection 501(c)(3) of the	665
Internal Revenue Code and is a charitable organization as defined	666
in this section. A "charitable instant bingo organization" does	667
not include a charitable organization that is exempt from federal	668
income taxation under subsection 501(a) and described in	669
subsection 501(c)(3) of the Internal Revenue Code and that is	670
created by a veteran's organization, a fraternal organization, or	671
a sporting organization in regards to bingo conducted or assisted	672
by a veteran's organization, a fraternal organization, or a	673
sporting organization pursuant to section 2915.13 of the Revised	674
Code.	675

(TT) "Game flare" means the board or placard that accompanies	676
each deal of instant bingo tickets and that has printed on or	677
affixed to it the following information for the game:	678

(1) The name of the game;

679

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

680

(3) The form number;

681

(4) The ticket count;

682

(5) The prize structure, including the number of winning	683
instant bingo tickets by denomination and the respective winning	684
symbol or number combinations for the winning instant bingo	685
tickets;	686

(6) The cost per play;

687

(7) The serial number of the game.

688

(UU)(1) "Skill-based amusement machine" means a mechanical,	689
video, digital, or electronic device that rewards the player or	690
players, if at all, only with merchandise prizes or with	691
redeemable vouchers redeemable only for merchandise prizes,	692
provided that with respect to rewards for playing the game all of	693
the following apply:	694

(a) The wholesale value of a merchandise prize awarded as a	695
result of the single play of a machine does not exceed ten	696
dollars;	697

(b) Redeemable vouchers awarded for any single play of a	698
machine are not redeemable for a merchandise prize with a	699
wholesale value of more than ten dollars;	700

(c) Redeemable vouchers are not redeemable for a merchandise	701
prize that has a wholesale value of more than ten dollars times	702
the fewest number of single plays necessary to accrue the	703
redeemable vouchers required to obtain that prize; and	704

(d) Any redeemable vouchers or merchandise prizes are	705
distributed at the site of the skill-based amusement machine at	706
the time of play.	707

A card for the purchase of gasoline is a redeemable voucher	708
for purposes of division (UU)(1) of this section even if the	709
skill-based amusement machine for the play of which the card is	710
awarded is located at a place where gasoline may not be legally	711
distributed to the public or the card is not redeemable at the	712
location of, or at the time of playing, the skill-based amusement	713
machine.	714

(2) A device shall not be considered a skill-based amusement	715
machine and shall be considered a slot machine if it pays cash or	716
one or more of the following apply:	717

(a) The ability of a player to succeed at the game is	718
impacted by the number or ratio of prior wins to prior losses of	719
players playing the game.	720

(b) Any reward of redeemable vouchers is not based solely on	721
the player achieving the object of the game or the player's score;	722

(c) The outcome of the game, or the value of the redeemable	723
voucher or merchandise prize awarded for winning the game, can be	724
controlled by a source other than any player playing the game.	725

(d) The success of any player is or may be determined by a	726
chance event that cannot be altered by player actions.	727

(e) The ability of any player to succeed at the game is	728
determined by game features not visible or known to the player.	729

(f) The ability of the player to succeed at the game is	730
impacted by the exercise of a skill that no reasonable player	731
could exercise.	732

(3) All of the following apply to any machine that is	733
operated as described in division (UU)(1) of this section:	734

(a) As used in division (UU) of this section, "game" and	735
"play" mean one event from the initial activation of the machine	736
until the results of play are determined without payment of	737
additional consideration. An individual utilizing a machine that	738
involves a single game, play, contest, competition, or tournament	739
may be awarded redeemable vouchers or merchandise prizes based on	740
the results of play.	741

(b) Advance play for a single game, play, contest,	742
competition, or tournament participation may be purchased. The	743
cost of the contest, competition, or tournament participation may	744
be greater than a single noncontest, competition, or tournament	745
play.	746

(c) To the extent that the machine is used in a contest,	747
competition, or tournament, that contest, competition, or	748
tournament has a defined starting and ending date and is open to	749
participants in competition for scoring and ranking results toward	750
the awarding of redeemable vouchers or merchandise prizes that are	751
stated prior to the start of the contest, competition, or	752
tournament.	753

(4) For purposes of division (UU)(1) of this section, the	754
mere presence of a device, such as a pin-setting, ball-releasing,	755
or scoring mechanism, that does not contribute to or affect the	756
outcome of the play of the game does not make the device a	757
skill-based amusement machine.	758

(VV) "Merchandise prize" means any item of value, but shall	759
not include any of the following:	760

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

761

(2) Plays on games of chance, state lottery tickets, bingo,	762
or instant bingo;	763

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

764

(4) A redeemable voucher that is redeemable for any of the	765
items listed in division (VV)(1), (2), or (3) of this section.	766

(WW) "Redeemable voucher" means any ticket, token, coupon,	767
receipt, or other noncash representation of value.	768

(XX) "Pool not conducted for profit" means a scheme in which	769
a participant gives a valuable consideration for a chance to win a	770
prize and the total amount of consideration wagered is distributed	771
to a participant or participants.	772

(YY) "Sporting organization" means a hunting, fishing, or	773
trapping organization, other than a college or high school	774
fraternity or sorority, that is not organized for profit, that is	775
affiliated with a state or national sporting organization,	776
including but not limited to, the league of Ohio sportsmen, and	777
that has been in continuous existence in this state for a period	778
of three years.	779

(ZZ) "Community action agency" has the same meaning as in	780
section 122.66 of the Revised Code.	781

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	782
video, digital, or electronic machine or device that is owned,	783
leased, or otherwise possessed by any person conducting a	784
sweepstakes, or by that person's partners, affiliates,	785
subsidiaries, or contractors, that is intended to be used by a	786
sweepstakes participant, and that is capable of displaying	787
information on a screen or other mechanism. A device is a	788
sweepstakes terminal device if any of the following apply:	789

(a) The device uses a simulated game terminal as a	790
representation of the prizes associated with the results of the	791
sweepstakes entries.	792

(b) The device utilizes software such that the simulated game	793
influences or determines the winning of or value of the prize.	794

(c) The device selects prizes from a predetermined finite	795
pool of entries.	796

(d) The device utilizes a mechanism that reveals the content	797
of a predetermined sweepstakes entry.	798

(e) The device predetermines the prize results and stores	799
those results for delivery at the time the sweepstakes entry	800
results are revealed.	801

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

802

(g) The device reveals the prize incrementally, even though	803
the device does not influence the awarding of the prize or the	804
value of any prize awarded.	805

(h) The device determines and associates the prize with an	806
entry or entries at the time the sweepstakes is entered.	807

(2) As used in this division and in section 2915.02 of the	808
Revised Code:	809

(a) "Enter" means the act by which a person becomes eligible	810
to receive any prize offered in a sweepstakes.	811

(b) "Entry" means one event from the initial activation of	812
the sweepstakes terminal device until all the sweepstakes prize	813
results from that activation are revealed.	814

(c) "Prize" means any gift, award, gratuity, good, service,	815
credit, reward, or any other thing of value that may be	816
transferred to a person, whether possession of the prize is	817
actually transferred, or placed on an account or other record as	818
evidence of the intent to transfer the prize.	819

(d) "Sweepstakes terminal device facility" means any location	820
in this state where a sweepstakes terminal device is provided to a	821
sweepstakes participant, except as provided in division (G) of	822
section 2915.02 of the Revised Code.	823

(BBB) "Sweepstakes" means any game, contest, advertising	824
scheme or plan, or other promotion where consideration is not	825
required for a person to enter to win or become eligible to	826
receive any prize, the determination of which is based upon	827
chance. "Sweepstakes" does not include bingo as authorized under	828
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	829
of the Revised Code, lotteries conducted by the state lottery	830
commission as authorized by Chapter 3770. of the Revised Code, and	831
casino gaming as authorized by Chapter 3772. of the Revised Code.	832

Sec. 2915.03.  (A) No person, being the owner or lessee, or	833
having custody, control, or supervision of premises, shall:	834

(1) Use or occupy such premises for gambling in violation of	835
section 2915.02, 2915.06, or 2915.062 or of division (E)(12) of	836
section 3772.99 of the Revised Code;	837

(2) Recklessly permit such premises to be used or occupied	838
for gambling in violation of section 2915.02, 2915.06, or 2915.062	839
or of division (E)(12) of section 3772.99 of the Revised Code.	840

(B) Whoever violates this section is guilty of operating a	841
gambling house, a misdemeanorfelony of the firstfifth degree. If	842
the offender previously has been convicted of a gambling offense,	843
operating a gambling house is a felony of the fifthfourth degree.	844

(C) Premises used or occupied in violation of this section	845
constitute a nuisance subject to abatement pursuant to sections	846
3767.01 to 3767.99 of the Revised Code.	847

Sec. 2915.06. (A) No person shall give to another person any	848
item described in division (VV)(1), (2), (3), or (4) of section	849
2915.01 of the Revised Code in exchange for a noncash prize, toy,	850
or novelty received as a reward for playing or operating a	851
skill-based amusement machine or for a free or reduced-price game	852
won on a skill-based amusement machine.	853

(B) No person shall conduct, or participate in the conduct	854
of, a skill-based amusement machine without first obtaining a	855
license under Chapter 3772. of the Revised Code.	856

(C) Whoever violates division (A) of this section is guilty	857
of skill-based amusement machine prohibited conduct. A violation	858
of division (A) of this section is a misdemeanorfelony of the	859
firstfifth degree for each redemption of a prize that is	860
involved in the violation. If the offender previously has been	861
convicted of a gambling offense, violation of division (A) of	862
this section, a violation of that division is a felony of the	863
fifthfourth degree for each redemption of a prize that is	864
involved in the violation. The maximum fine authorized to be	865
imposed for a felony of the fifthfourth degree shall be imposed	866
upon the offender.	867

(D) Whoever violates division (B) of this section is guilty	868
of conducting an illegal skill-based amusement machine, a felony	869
of the fifth degree. If the offender previously has been convicted	870
of a gambling offense, violation of division (B) of this section	871
is a felony of the fourth degree.	872

(E) Premises used or occupied in violation of this section	873
constitute a nuisance subject to abatement under Chapter 3767. of	874
the Revised Code.	875

Sec. 2915.061. Any regulation of skill-based amusement	876
machines shall be governed by this chapter and Chapter 3772. of	877
the Revised Code and not by Chapter 1345. of the Revised Code.	878

Sec. 2915.062.  (A) Except as otherwise expressly permitted	879
by law, no person shall conduct, or participate in the conduct of,	880
a casino game, as defined in section 3772.01 of the Revised Code,	881
without first obtaining a license under Chapter 3772. of the	882
Revised Code.	883

(B) Whoever violates this section is guilty of conducting an	884
illegal casino game, a felony of the fifth degree. If the offender	885
previously has been convicted of a gambling offense, violation of	886
this section is a felony of the fourth degree.	887

(C) Premises used or occupied in violation of this section	888
constitute a nuisance subject to abatement under Chapter 3767. of	889
the Revised Code.	890

Sec. 3770.01.  (A) There is hereby created the state lottery	891
commission consisting of nine members appointed by the governor	892
with the advice and consent of the senate. No more than five	893
members of the commission shall be members of the same political	894
party. Of the additional and new appointments made to the	895
commission pursuant to the amendment of August 1, 1980, three	896
shall be for terms ending August 1, 1981, three shall be for terms	897
ending August 1, 1982, and three shall be for terms ending August	898
1, 1983. Thereafter, terms of office shall be for three years,	899
each term ending on the same day of the same month of the year as	900
did the term which it succeeds.	901

(B) Each member shall hold office from the date of	902
appointment until the end of the term for which the member was	903
appointed. Any member appointed to fill a vacancy occurring prior	904
to the expiration of the term for which the member's predecessor	905
was appointed shall hold office for the remainder of that term.	906
Any member shall continue in office subsequent to the expiration	907
date of the member's term until the member's successor takes	908
office, or until a period of sixty days has elapsed, whichever	909
occurs first.	910

(C) All members of the commission shall be citizens of the	911
United States and residents of this state. The members of the	912
commission shall represent the various geographic regions of the	913
state. No member of the commission shall have any pecuniary	914
interest in any contract or license awarded by the commission. One	915
person appointed as a member of the commission shall represent an	916
organization that deals withhave experience or training in the	917
area of problem gambling or other addictions and assistsin	918
assistance to recovering gambling or other addicts. Each person	919
appointed as a member of the commission, except the member	920
appointed as a representative of an organization that deals with	921
problem gambling and assists recovering gambling addicts, shall	922
have prior experience or education in business administration,	923
management, sales, marketing, or advertising.	924

(D) The commission shall elect annually one of its members to	925
serve as chairperson for a term of one year. Election as	926
chairperson shall not extend a member's appointive term. Each	927
member of the commission shall receive an annual salary of five	928
thousand dollars, payable in monthly installments. Each member of	929
the commission also shall receive the member's actual and	930
necessary expenses incurred in the discharge of the member's	931
official duties.	932

(E) Each member of the commission, before entering upon the	933
discharge of the member's official duties, shall give a bond,	934
payable to the treasurer of state, in the sum of ten thousand	935
dollars with sufficient sureties to be approved by the treasurer	936
of state, which bond shall be filed with the secretary of state.	937

(F) The governor may remove any member of the commission for	938
malfeasance, misfeasance, or nonfeasance in office, giving the	939
member a copy of the charges against the member and affording the	940
member an opportunity to be publicly heard in person or by counsel	941
in the member's own defense upon not less than ten days' notice.	942
If the member is removed, the governor shall file in the office of	943
the secretary of state a complete statement of all charges made	944
against the member and the governor's finding on the charges,	945
together with a complete report of the proceedings, and the	946
governor's decision on the charges is final.	947

(G) The commission shall maintain offices at locations in the	948
state as it may consider necessary for the efficient performance	949
of its functions. The director shall maintain an office in	950
Columbus to coordinate the activities of the state lottery	951
commission with other state departments.	952

Sec. 3770.02.  (A) Subject to the advice and consent of the	953
senate, the governor shall appoint a director of the state lottery	954
commission who shall serve at the pleasure of the governor. The	955
director shall devote full time to the duties of the office and	956
shall hold no other office or employment. The director shall meet	957
all requirements for appointment as a member of the commission and	958
shall, by experience and training, possess management skills that	959
equip the director to administer an enterprise of the nature of a	960
state lottery. The director shall receive an annual salary in	961
accordance with pay range 48 of section 124.152 of the Revised	962
Code.	963

(B)(1) The director shall attend all meetings of the	964
commission and shall act as its secretary. The director shall keep	965
a record of all commission proceedings and shall keep the	966
commission's records, files, and documents at the commission's	967
principal office. All records of the commission's meetings shall	968
be available for inspection by any member of the public, upon a	969
showing of good cause and prior notification to the director.	970

(2) The director shall be the commission's executive officer	971
and shall be responsible for keeping all commission records and	972
supervising and administering the state lottery in accordance with	973
this chapter, and carrying out all commission rules adopted under	974
section 3770.03 of the Revised Code.	975

(C)(1) The director shall appoint an assistant director,	976
deputy directors of marketing, operations, sales, finance, public	977
relations, security, and administration, and as many regional	978
managers as are required. The director may also appoint necessary	979
professional, technical, and clerical assistants. All such	980
officers and employees shall be appointed and compensated pursuant	981
to Chapter 124. of the Revised Code. Regional and assistant	982
regional managers, sales representatives, and any lottery	983
executive account representatives shall remain in the unclassified	984
service.	985

(2) The director, in consultation with the director of	986
administrative services, may establish standards of proficiency	987
and productivity for commission field representatives.	988

(D) The director shall request the bureau of criminal	989
identification and investigation, the department of public safety,	990
or any other state, local, or federal agency to supply the	991
director with the criminal records of any job applicant and may	992
periodically request the criminal records of commission employees.	993
At or prior to the time of making such a request, the director	994
shall require a job applicant or commission employee to obtain	995
fingerprint cards prescribed by the superintendent of the bureau	996
of criminal identification and investigation at a qualified law	997
enforcement agency, and the director shall cause these fingerprint	998
cards to be forwarded to the bureau of criminal identification and	999
investigation and the federal bureau of investigation. The	1000
commission shall assume the cost of obtaining the fingerprint	1001
cards and shall pay to each agency supplying criminal records for	1002
each investigation under this division a reasonable fee, as	1003
determined by the agency.	1004

(E) The director shall license lottery sales agents pursuant	1005
to section 3770.05 of the Revised Code and, when it is considered	1006
necessary, may revoke or suspend the license of any lottery sales	1007
agent. The director may license video lottery technology	1008
providers, independent testing laboratories, and gaming employees,	1009
and promulgate rules relating thereto. When the director considers	1010
it necessary, the director may suspend or revoke the license of a	1011
video lottery technology provider, independent testing laboratory,	1012
or gaming employee, including suspension or revocation without	1013
affording an opportunity for a prior hearing under section 119.07	1014
of the Revised Code when the public safety, convenience, or trust	1015
requires immediate action.	1016

(F) The director shall confer at least once each month with	1017
the commission, at which time the director shall advise it	1018
regarding the operation and administration of the lottery. The	1019
director shall make available at the request of the commission all	1020
documents, files, and other records pertaining to the operation	1021
and administration of the lottery. The director shall prepare and	1022
make available to the commission each month a complete and	1023
accurate accounting of lottery revenues, prize money disbursements	1024
and the cost of goods and services awarded as prizes, operating	1025
expenses, and all other relevant financial information, including	1026
an accounting of all transfers made from any lottery funds in the	1027
custody of the treasurer of state to benefit education.	1028

(G) The director may enter into contracts for the operation	1029
or promotion of the lottery pursuant to Chapter 125. of the	1030
Revised Code.	1031

(H)(1) Pursuant to rules adopted by the commission under	1032
section 3770.03 of the Revised Code, the director shall require	1033
any lottery sales agents to deposit to the credit of the state	1034
lottery fund, in banking institutions designated by the treasurer	1035
of state, net proceeds due the commission as determined by the	1036
director.	1037

(2) Pursuant to rules adopted by the commission under Chapter	1038
119. of the Revised Code, the director may impose penalties for	1039
the failure of a sales agent to transfer funds to the commission	1040
in a timely manner. Penalties may include monetary penalties,	1041
immediate suspension or revocation of a license, or any other	1042
penalty the commission adopts by rule.	1043

(I) The director may arrange for any person, or any banking	1044
institution, to perform functions and services in connection with	1045
the operation of the lottery as the director may consider	1046
necessary to carry out this chapter.	1047

(J)(1) As used in this chapter, "statewide joint lottery	1048
game" means a lottery game that the commission sells solely within	1049
this state under an agreement with other lottery jurisdictions to	1050
sell the same lottery game solely within their statewide or other	1051
jurisdictional boundaries.	1052

(2) If the governor directs the director to do so, the	1053
director shall enter into an agreement with other lottery	1054
jurisdictions to conduct statewide joint lottery games. If the	1055
governor signs the agreement personally or by means of an	1056
authenticating officer pursuant to section 107.15 of the Revised	1057
Code, the director then may conduct statewide joint lottery games	1058
under the agreement. Before the governor directs the director to	1059
enter into an agreement, the commission may begin discussions and	1060
the planning process for a statewide joint lottery game, but the	1061
commission shall not file the rules for the game under division	1062
(B) or (H) of section 119.03 of the Revised Code before the	1063
governor directs the director to enter into the agreement.	1064

(3) The entire net proceeds from any statewide joint lottery	1065
games shall be used to fund elementary, secondary, vocational, and	1066
special education programs in this state.	1067

(4) The commission shall conduct any statewide joint lottery	1068
games in accordance with rules it adopts under division (B)(5) of	1069
section 3770.03 of the Revised Code.	1070

(K)(1) The director shall enter into an agreement with the	1071
department of mental health and addiction services under which the	1072
department shall provide a program of gambling addiction services	1073
on behalf of the commission. The commission shall pay the costs of	1074
the program provided pursuant to the agreement.	1075

(2) As used in this section, "gambling addiction services"	1076
has the same meaning as in section 5119.01 of the Revised Code.	1077

Sec. 3770.05.  (A) As used in this section, "person" means	1078
any person, association, corporation, partnership, club, trust,	1079
estate, society, receiver, trustee, person acting in a fiduciary	1080
or representative capacity, instrumentality of the state or any of	1081
its political subdivisions, or any other combination of	1082
individuals meeting the requirements set forth in this section or	1083
established by rule or order of the state lottery commission.	1084

(B) The director of the state lottery commission may license	1085
any person as a lottery sales agent. No license shall be issued to	1086
any person or group of persons to engage in the sale of lottery	1087
tickets as the person's or group's sole occupation or business.	1088

Before issuing any license to a lottery sales agent, the	1089
director shall consider all of the following:	1090

(1) The financial responsibility and security of the	1091
applicant and the applicant's business or activity;	1092

(2) The accessibility of the applicant's place of business or	1093
activity to the public;	1094

(3) The sufficiency of existing licensed agents to serve the	1095
public interest;	1096

(4) The volume of expected sales by the applicant;

1097

(5) Any other factors pertaining to the public interest,	1098
convenience, or trust.	1099

(C) Except as otherwise provided in division (F) of this	1100
section, the director of the state lottery commission shall refuse	1101
to grant, or shall suspend or revoke, a license if the applicant	1102
or licensee:	1103

(1) Has been convicted of a felony or has been convicted of a	1104
crime involving moral turpitude;	1105

(2) Has been convicted of an offense that involves illegal	1106
gambling;	1107

(3) Has been found guilty of fraud or misrepresentation in	1108
any connection;	1109

(4) Has been found to have violated any rule or order of the	1110
commission; or	1111

(5) Has been convicted of illegal trafficking in supplemental	1112
nutrition assistance program benefits.	1113

(D) Except as otherwise provided in division (F) of this	1114
section, the director of the state lottery commission shall refuse	1115
to grant, or shall suspend or revoke, a license if the applicant	1116
or licensee is a corporation and any of the following applies:	1117

(1) Any of the corporation's directors, officers, or	1118
controlling shareholders has been found guilty of any of the	1119
activities specified in divisions (C)(1) to (5) of this section;	1120

(2) It appears to the director of the state lottery	1121
commission that, due to the experience, character, or general	1122
fitness of any director, officer, or controlling shareholder of	1123
the corporation, the granting of a license as a lottery sales	1124
agent would be inconsistent with the public interest, convenience,	1125
or trust;	1126

(3) The corporation is not the owner or lessee of the	1127
business at which it would conduct a lottery sales agency pursuant	1128
to the license applied for;	1129

(4) Any person, firm, association, or corporation other than	1130
the applicant or licensee shares or will share in the profits of	1131
the applicant or licensee, other than receiving dividends or	1132
distributions as a shareholder, or participates or will	1133
participate in the management of the affairs of the applicant or	1134
licensee.	1135

(E)(1) The director of the state lottery commission shall	1136
refuse to grant a license to an applicant for a lottery sales	1137
agent license and shall revoke a lottery sales agent license if	1138
the applicant or licensee is or has been convicted of a violation	1139
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	1140

(2) The director shall refuse to grant a license to an	1141
applicant for a lottery sales agent license that is a corporation	1142
and shall revoke the lottery sales agent license of a corporation	1143
if the corporation is or has been convicted of a violation of	1144
division (A) or (C)(1) of section 2913.46 of the Revised Code.	1145

(F) The director of the state lottery commission shall	1146
request the bureau of criminal identification and investigation,	1147
the department of public safety, or any other state, local, or	1148
federal agency to supply the director with the criminal records of	1149
any applicant for a lottery sales agent license, and may	1150
periodically request the criminal records of any person to whom a	1151
lottery sales agent license has been issued. At or prior to the	1152
time of making such a request, the director shall require an	1153
applicant or licensee to obtain fingerprint impressions on	1154
fingerprint cards prescribed by the superintendent of the bureau	1155
of criminal identification and investigation at a qualified law	1156
enforcement agency, and the director shall cause those fingerprint	1157
cards to be forwarded to the bureau of criminal identification and	1158
investigation, to the federal bureau of investigation, or to both	1159
bureaus. The commission shall assume the cost of obtaining the	1160
fingerprint cards.	1161

The director shall pay to each agency supplying criminal	1162
records for each investigation a reasonable fee, as determined by	1163
the agency.	1164

The commission may adopt uniform rules specifying time	1165
periods after which the persons described in divisions (C)(1) to	1166
(5) and (D)(1) to (4) of this section may be issued a license and	1167
establishing requirements for those persons to seek a court order	1168
to have records sealed in accordance with law.	1169

(G)(1) Each applicant for a lottery sales agent license shall	1170
do both of the following:	1171

(a) Pay fees to the state lottery commission, if required by	1172
rule adopted by the director under Chapter 119. of the Revised	1173
Code and the controlling board approves the fees;	1174

(b) Prior to approval of the application, obtain a surety	1175
bond in an amount the director determines by rule adopted under	1176
Chapter 119. of the Revised Code or, alternatively, with the	1177
director's approval, deposit the same amount into a dedicated	1178
account for the benefit of the state lottery. The director also	1179
may approve the obtaining of a surety bond to cover part of the	1180
amount required, together with a dedicated account deposit to	1181
cover the remainder of the amount required. The director also may	1182
establish an alternative program or policy, with the approval of	1183
the commission by rule adopted under Chapter 119. of the Revised	1184
Code, that otherwise ensures the lottery's financial interests are	1185
adequately protected. If such an alternative program or policy is	1186
established, an applicant or lottery sales agent, subject to the	1187
director's approval, may be permitted to participate in the	1188
program or proceed under that policy in lieu of providing a surety	1189
bond or dedicated amount.	1190

A surety bond may be with any company that complies with the	1191
bonding and surety laws of this state and the requirements	1192
established by rules of the commission pursuant to this chapter. A	1193
dedicated account deposit shall be conducted in accordance with	1194
policies and procedures the director establishes.	1195

A surety bond, dedicated account, other established program	1196
or policy, or any combination of these resources, as applicable,	1197
may be used to pay for the lottery sales agent's failure to make	1198
prompt and accurate payments for lottery ticket sales, for missing	1199
or stolen lottery tickets, for damage to equipment or materials	1200
issued to the lottery sales agent, or to pay for expenses the	1201
commission incurs in connection with the lottery sales agent's	1202
license.	1203

(2) A lottery sales agent license is effective for at least	1204
one year, but not more than three years.	1205

A licensed lottery sales agent, on or before the date	1206
established by the director, shall renew the agent's license and	1207
provide at that time evidence to the director that the surety	1208
bond, dedicated account deposit, or both, required under division	1209
(G)(1)(b) of this section has been renewed or is active, whichever	1210
applies.	1211

Before the commission renews a lottery sales agent license,	1212
the lottery sales agent shall submit a renewal fee to the	1213
commission, if one is required by rule adopted by the director	1214
under Chapter 119. of the Revised Code and the controlling board	1215
approves the renewal fee. The renewal fee shall not exceed the	1216
actual cost of administering the license renewal and processing	1217
changes reflected in the renewal application. The renewal of the	1218
license is effective for at least one year, but not more than	1219
three years.	1220

(3) A lottery sales agent license shall be complete,	1221
accurate, and current at all times during the term of the license.	1222
Any changes to an original license application or a renewal	1223
application may subject the applicant or lottery sales agent, as	1224
applicable, to paying an administrative fee that shall be in an	1225
amount that the director determines by rule adopted under Chapter	1226
119. of the Revised Code, that the controlling board approves, and	1227
that shall not exceed the actual cost of administering and	1228
processing the changes to an application.	1229

(4) The relationship between the commission and a lottery	1230
sales agent is one of trust. A lottery sales agent collects funds	1231
on behalf of the commission through the sale of lottery tickets	1232
for which the agent receives a compensation.	1233

(H) Pending a final resolution of any question arising under	1234
this section, the director of the state lottery commission may	1235
issue a temporary lottery sales agent license, subject to the	1236
terms and conditions the director considers appropriate.	1237

(I) If a lottery sales agent's rental payments for the	1238
lottery sales agent's premises are determined, in whole or in	1239
part, by the amount of retail sales the lottery sales agent makes,	1240
and if the rental agreement does not expressly provide that the	1241
amount of those retail sales includes the amounts the lottery	1242
sales agent receives from lottery ticket sales, only the amounts	1243
the lottery sales agent receives as compensation from the state	1244
lottery commission for selling lottery tickets shall be considered	1245
to be amounts the lottery sales agent receives from the retail	1246
sales the lottery sales agent makes, for the purpose of computing	1247
the lottery sales agent's rental payments.	1248

Sec. 3772.01. As used in this chapter:

1249

(A) "Applicant" means any person who applies to the	1250
commission for a license under this chapter.	1251

(B) "Casino control commission fund" means the casino control	1252
commission fund described in Section 6(C)(3)(d) of Article XV,	1253
Ohio Constitution, the money in which shall be used to fund the	1254
commission and its related affairs.	1255

(C) "Casino facility" means a casino facility as defined in	1256
Section 6(C)(9) of Article XV, Ohio Constitution.	1257

(D) "Casino game" means any slot machine or table game as	1258
defined in this chapter.	1259

(E) "Casino gaming" means any type of slot machine or table	1260
game wagering, using money, casino credit, or any representative	1261
of value, authorized in any of the states of Indiana, Michigan,	1262
Pennsylvania, and West Virginia as of January 1, 2009, and	1263
includes slot machine and table game wagering subsequently	1264
authorized by, but shall not be limited by, subsequent	1265
restrictions placed on such wagering in such states. "Casino	1266
gaming" does not include bingo, as authorized in Section 6 of	1267
Article XV, Ohio Constitution and conducted as of January 1, 2009,	1268
or horse racing where the pari-mutuel system of wagering is	1269
conducted, as authorized under the laws of this state as of	1270
January 1, 2009.	1271

(F) "Casino gaming employee" means any employee of a casino	1272
operator or management company, but not a key employee, and as	1273
further defined in section 3772.131 of the Revised Code.	1274

(G) "Casino operator" means any person, trust, corporation,	1275
partnership, limited partnership, association, limited liability	1276
company, or other business enterprise that directly or indirectly	1277
holds an ownership or leasehold interest in a casino facility.	1278
"Casino operator" does not include an agency of the state, any	1279
political subdivision of the state, any person, trust,	1280
corporation, partnership, limited partnership, association,	1281
limited liability company, or other business enterprise that may	1282
have an interest in a casino facility, but who is legally or	1283
contractually restricted from conducting casino gaming.	1284

(H) "Central system" means a computer system that provides	1285
the following functions related to casino gaming equipment used in	1286
connection with casino gaming authorized under this chapter or	1287
skill-based amusement machine equipment used in accordance with	1288
this chapter and Chapter 2915. of the Revised Code: security,	1289
auditing, data and information retrieval, and other purposes	1290
deemed necessary and authorized by the commission.	1291

(I) "Cheat" means to alter the result of a casino game, the	1292
element of chance, the operation of a machine used in a casino	1293
game, or the method of selection of criteria that determines (a)	1294
the result of the casino game, (b) the amount or frequency of	1295
payment in a casino game, (c) the value of a wagering instrument,	1296
or (d) the value of a wagering credit. "Cheat" does not include an	1297
individual who, without the assistance of another individual or	1298
without the use of a physical aid or device of any kind, uses the	1299
individual's own ability to keep track of the value of cards	1300
played and uses predictions formed as a result of the tracking	1301
information in the individual's playing and betting strategy.	1302

(J) "Commission" means the Ohio casino control commission.

1303

(K) "Gaming agent" means a peace officer employed by the	1304
commission that is vested with duties to enforce this chapter and	1305
conduct other investigations into the conduct of the casino gaming	1306
and the maintenance of the equipment that the commission considers	1307
necessary and proper and is in compliance with section 109.77 of	1308
the Revised Code.	1309

(L) "Gaming-related vendor" means any individual,	1310
partnership, corporation, association, trust, or any other group	1311
of individuals, however organized, who supplies gaming-related	1312
equipment, goods, or services to a casino operator or management	1313
company, that are directly related to or affect casino gaming	1314
authorized under this chapter, including, but not limited to, the	1315
manufacture, sale, distribution, or repair of slot machines and	1316
table game equipment, or who supplies skill-based amusement	1317
machine equipment, goods, or services to a skill-based amusement	1318
machine operator.	1319

(M) "Holding company" means any corporation, firm,	1320
partnership, limited partnership, limited liability company,	1321
trust, or other form of business organization not a natural person	1322
which directly or indirectly does any of the following:	1323

(1) Has the power or right to control a casino operator,	1324
management company, skill-based amusement machine operator, or	1325
gaming-related vendor license applicant or licensee;	1326

(2) Holds an ownership interest of five per cent or more, as	1327
determined by the commission, in a casino operator, management	1328
company, skill-based amusement machine operator, or gaming-related	1329
vendor license applicant or licensee;	1330

(3) Holds voting rights with the power to vote five per cent	1331
or more of the outstanding voting rights of a casino operator,	1332
management company, skill-based amusement machine operator, or	1333
gaming-related vendor applicant or licensee.	1334

(N) "Initial investment" includes costs related to	1335
demolition, engineering, architecture, design, site preparation,	1336
construction, infrastructure improvements, land acquisition,	1337
fixtures and equipment, insurance related to construction, and	1338
leasehold improvements.	1339

(O) "Institutional investor" means any of the following	1340
entities owning five per cent or more, but less than fifteen per	1341
cent, of an ownership interest in a casino facility, casino	1342
operator, management company, skill-based amusement machine	1343
operator, gaming-related vendor, or holding company: a	1344
corporation, bank, insurance company, pension fund or pension fund	1345
trust, retirement fund, including funds administered by a public	1346
agency, employees' profit-sharing fund or employees'	1347
profit-sharing trust, any association engaged, as a substantial	1348
part of its business or operations, in purchasing or holding	1349
securities, including a hedge fund, mutual fund, or private equity	1350
fund, or any trust in respect of which a bank is trustee or	1351
cotrustee, investment company registered under the "Investment	1352
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	1353
investment trust organized by banks under Part Nine of the Rules	1354
of the Comptroller of the Currency, closed-end investment trust,	1355
chartered or licensed life insurance company or property and	1356
casualty insurance company, investment advisor registered under	1357
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	1358
and such other persons as the commission may reasonably determine	1359
to qualify as an institutional investor for reasons consistent	1360
with this chapter, and that does not exercise control over the	1361
affairs of a licensee and its ownership interest in a licensee is	1362
for investment purposes only, as set forth in division (E) of	1363
section 3772.10 of the Revised Code.	1364

(P) "Key employee" means any executive, employee, or agent	1365
who has the power to exercise significant influence over decisions	1366
concerning any part of the operation of a casino operator or,	1367
management company licensee having the power to exercise	1368
significant influence over decisions concerning any part of the	1369
operation of such licensee, skill-based amusement machine	1370
operator, holding company, or gaming-related vendor, including:	1371

(1) An officer, director, trustee, or partner of a person	1372
that has applied for or holds a casino operator, management	1373
company, skill-based amusement machine operator, or gaming-related	1374
vendor license or of a holding company that has control of a	1375
person that has applied for or holds a casino operator, management	1376
company, skill-based amusement machine operator, or gaming-related	1377
vendor license;	1378

(2) A person that holds a direct or indirect ownership	1379
interest of more than one per cent in a person that has applied	1380
for or holds a casino operator, management company, skill-based	1381
amusement machine operator, or gaming-related vendor license or	1382
holding company that has control of a person that has applied for	1383
or holds a casino operator, management company, skill-based	1384
amusement machine operator, or gaming-related vendor license;	1385

(3) A managerial employee who performs the function of	1386
principal executive officer, principal operating officer,	1387
principal accounting officer, or an equivalent officer or other	1388
person the commission determines has the power to exercise	1389
significant influence over decisions concerning any part of the	1390
operation of a person that has applied for or holds a casino	1391
operator, management company, skill-based amusement machine	1392
operator, or gaming-related vendor license in Ohio, or a	1393
managerial employee of a holding company that has control of a	1394
person that has applied for or holds a casino operator or	1395
gaming-related vendor license in Ohio, who performs the function	1396
of principal executive officer, principal operating officer,	1397
principal accounting officer, or an equivalent officer or other	1398
person the commission determines to have the power to exercise	1399
significant influence over decisions concerning any part of the	1400
operation of such licenseea license.	1401

The commission shall determine whether an individual whose	1402
duties or status varies from those described in this division also	1403
is considered a key employee.	1404

(Q) "Licensed casino operator" means a casino operator that	1405
has been issued a license by the commission and that has been	1406
certified annually by the commission to have paid all applicable	1407
fees, taxes, and debts to the state.	1408

(R) "Majority ownership interest" in a license or in a casino	1409
facility, as the case may be, means ownership of more than fifty	1410
per cent of such license or casino facility, as the case may be.	1411
For purposes of the foregoing, whether a majority ownership	1412
interest is held in a license or in a casino facility, as the case	1413
may be, shall be determined under the rules for constructive	1414
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	1415
in effect on January 1, 2009.	1416

(S) "Management company" means an organization retained by a	1417
casino operator to manage a casino facility and provide services	1418
such as accounting, general administration, maintenance,	1419
recruitment, and other operational services.	1420

(T) "Ohio law enforcement training fund" means the state law	1421
enforcement training fund described in Section 6(C)(3)(f) of	1422
Article XV, Ohio Constitution, the money in which shall be used to	1423
enhance public safety by providing additional training	1424
opportunities to the law enforcement community.	1425

(U) "Person" includes, but is not limited to, an individual	1426
or a combination of individuals; a sole proprietorship, a firm, a	1427
company, a joint venture, a partnership of any type, a joint-stock	1428
company, a corporation of any type, a corporate subsidiary of any	1429
type, a limited liability company, a business trust, or any other	1430
business entity or organization; an assignee; a receiver; a	1431
trustee in bankruptcy; an unincorporated association, club,	1432
society, or other unincorporated entity or organization; entities	1433
that are disregarded for federal income tax purposes; and any	1434
other nongovernmental, artificial, legal entity that is capable of	1435
engaging in business.	1436

(V) "Problem casino gambling and addictions fund" means the	1437
state problem gambling and addictions fund described in Section	1438
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	1439
shall be used for treatment of problem gambling and substance	1440
abuse, and for related research.	1441

(W) "Promotional gaming credit" means a slot machine or table	1442
game credit, discount, or other similar item issued to a patron to	1443
enable the placement of, or increase in, a wager at a slot machine	1444
or table game.	1445

(X) "Skill-based amusement machine" has the same meaning as	1446
in section 2915.01 of the Revised Code.	1447

(Y) "Skill-based amusement machine operator" means a person	1448
that provides skill-based amusement machines to a player or	1449
participant.	1450

(Z) "Slot machine" means any mechanical, electrical, or other	1451
device or machine which, upon insertion of a coin, token, ticket,	1452
or similar object, or upon payment of any consideration, is	1453
available to play or operate, the play or operation of which,	1454
whether by reason of the skill of the operator or application of	1455
the element of chance, or both, makes individual prize	1456
determinations for individual participants in cash, premiums,	1457
merchandise, tokens, or any thing of value, whether the payoff is	1458
made automatically from the machine or in any other manner, but	1459
does not include any device that is a skill-based amusement	1460
machine, as defined in section 2915.01 of the Revised Code.	1461

(Y)(AA) "Table game" means any game played with cards, dice,	1462
or any mechanical, electromechanical, or electronic device or	1463
machine for money, casino credit, or any representative of value.	1464
"Table game" does not include slot machines.	1465

(Z)(BB) "Upfront license" means the first plenary license	1466
issued to a casino operator.	1467

(AA)(CC) "Voluntary exclusion program" means a program	1468
provided by the commission that allows persons to voluntarily	1469
exclude themselves from the gaming areas of facilities under the	1470
jurisdiction of the commission by placing their name on a	1471
voluntary exclusion list and following the procedures set forth by	1472
the commission.	1473

Sec. 3772.02. (A) There is hereby created the Ohio casino	1474
control commission described in Section 6(C)(1) of Article XV,	1475
Ohio Constitution.	1476

(B) The commission shall consist of seven members appointed	1477
within one month of the effective date of this sectionSeptember	1478
10, 2010, by the governor with the advice and consent of the	1479
senate. The governor shall forward all appointments to the senate	1480
within twenty-four hours.	1481

(1) Each commission member is eligible for reappointment at	1482
the discretion of the governor. No commission member shall be	1483
appointed for more than three terms in total.	1484

(2) Each commission member shall be a resident of Ohio.

1485

(3) At least one commission member shall be experienced in	1486
law enforcement and criminal investigation.	1487

(4) At least one commission member shall be a certified	1488
public accountant experienced in accounting and auditing.	1489

(5) At least one commission member shall be an attorney	1490
admitted to the practice of law in Ohio.	1491

(6) At least one commission member shall be a resident of a	1492
county where one of the casino facilities is located.	1493

(7) Not more than four commission members shall be of the	1494
same political party.	1495

(8) No commission member shall have any affiliation with an	1496
Ohio casino operator or facility.	1497

(C) Commission members shall serve four-year terms, except	1498
that when the governor makes initial appointments to the	1499
commission under this chapter, the governor shall appoint three	1500
members to serve four-year terms with not more than two such	1501
members from the same political party, two members to serve	1502
three-year terms with such members not being from the same	1503
political party, and two members to serve two-year terms with such	1504
members not being from the same political party.	1505

(D) Each commission member shall hold office from the date of	1506
appointment until the end of the term for which the member was	1507
appointed. Any member appointed to fill a vacancy occurring before	1508
the expiration of the term for which the member's predecessor was	1509
appointed shall hold office for the remainder of the unexpired	1510
term. Any member shall continue in office after the expiration	1511
date of the member's term until the member's successor takes	1512
office, or until a period of sixty days has elapsed, whichever	1513
occurs first. A vacancy in the commission membership shall be	1514
filled in the same manner as the original appointment.	1515

(E) The governor shall select one member to serve as	1516
chairperson and the commission members shall select one member	1517
from a different party than the chairperson to serve as	1518
vice-chairperson. The governor may remove and replace the	1519
chairperson at any time. No such member shall serve as chairperson	1520
for more than six successive years. The vice-chairperson shall	1521
assume the duties of the chairperson in the absence of the	1522
chairperson. The chairperson and vice-chairperson shall perform	1523
but shall not be limited to additional duties as are prescribed by	1524
commission rule.	1525

(F) A commission member is not required to devote the	1526
member's full time to membership on the commission. Each member of	1527
the commission shall receive compensation of sixtythirty thousand	1528
dollars per year, payable in monthly installments for the first	1529
four years of the commission's existence. Each member shall	1530
receive the member's actual and necessary expenses incurred in the	1531
discharge of the member's official duties.	1532

(G) The governor shall not appoint an individual to the	1533
commission, and an individual shall not serve on the commission,	1534
if the individual has been convicted of or pleaded guilty or no	1535
contest to a disqualifying offense as defined in section 3772.07	1536
of the Revised Code. Members coming under indictment or bill of	1537
information of a disqualifying offense shall resign from the	1538
commission immediately upon indictment.	1539

(H) At least five commission members shall be present for the	1540
commission to meet. The concurrence of four members is necessary	1541
for the commission to take any action. All members shall vote on	1542
the adoption of rules, and the approval of, and the suspension or	1543
revocation of, the licenses of casino operators or management	1544
companies, unless a member has a written leave of absence filed	1545
with and approved by the chairperson.	1546

(I) A commission member may be removed or suspended from	1547
office in accordance with section 3.04 of the Revised Code.	1548

(J) Each commission member, before entering upon the	1549
discharge of the member's official duties, shall make an oath to	1550
uphold the Ohio Constitution and laws of the state of Ohio and	1551
shall give a bond, payable by the commission, to the treasurer of	1552
state, in the sum of ten thousand dollars with sufficient sureties	1553
to be approved by the treasurer of state, which bond shall be	1554
filed with the secretary of state.	1555

(K) The commission shall hold one regular meeting each month	1556
and shall convene other meetings at the request of the chairperson	1557
or a majority of the members. A member who fails to attend at	1558
least three-fifths of the regular and special meetings of the	1559
commission during any two-year period forfeits membership on the	1560
commission. All meetings of the commission shall be open meetings	1561
under section 121.22 of the Revised Code except as otherwise	1562
allowed by law.	1563

Sec. 3772.03. (A) To ensure the integrity of casino gaming	1564
and skill-based amusement machines, the commission shall have	1565
authority to complete the functions of licensing, regulating,	1566
investigating, and penalizing casino operators, management	1567
companies, holding companies, key employees, casino gaming	1568
employees, skill-based amusement machine operators, and	1569
gaming-related vendors. The commission also shall have	1570
jurisdiction over all persons participating in casino gaming	1571
authorized by Section 6(C) of Article XV, Ohio Constitution, and	1572
this chapter and in skill-based amusement machine operations	1573
authorized by this chapter and Chapter 2915. of the Revised Code.	1574

(B) All rules adopted by the commission under this chapter	1575
shall be adopted under procedures established in Chapter 119. of	1576
the Revised Code. The commission may contract for the services of	1577
experts and consultants to assist the commission in carrying out	1578
its duties under this section.	1579

(C) Within six months of September 10, 2010, theThe	1580
commission shall adopt initial rules as are necessary for	1581
completing the functions stated in division (A) of this section	1582
and for addressing the subjects enumerated in division (D) of this	1583
section.	1584

(D) The commission shall adopt, and as advisable and	1585
necessary shall amend or repeal, rules that include all of the	1586
following:	1587

(1) The prevention of practices detrimental to the public	1588
interest;	1589

(2) Prescribing the method of applying, and the form of	1590
application, that an applicant for a license under this chapter	1591
must follow as otherwise described in this chapter;	1592

(3) Prescribing the information to be furnished by an	1593
applicant or licensee as described in section 3772.11 of the	1594
Revised Codethis chapter;	1595

(4) Describing the certification standards and duties of an	1596
independent testing laboratory certified under section 3772.31 of	1597
the Revised Code and the relationship between the commission, the	1598
laboratory, the gaming-related vendor, and the casino operator,	1599
management company, or skill-based amusement machine operator;	1600

(5) The minimum amount of insurance that must be maintained	1601
by a casino operator, management company, skill-based amusement	1602
machine operator, holding company, or gaming-related vendor;	1603

(6) The approval process for a significant change in	1604
ownership or transfer of control of a licensee as provided in	1605
section 3772.091 of the Revised Code;	1606

(7) The design of casino gaming and skill-based amusement	1607
machine supplies, devices, and equipment to be distributed by	1608
gaming-related vendors;	1609

(8) Identifying the casino gaming that is permitted,	1610
identifying the casino gaming and skill-based amusement machine	1611
supplies, devices, and equipment, that are permitted, defining the	1612
area in which the permitted casino gaming may be conducted, and	1613
specifying the method of operation according to which the	1614
permitted casino gaming is to be conducted as provided in section	1615
3772.20 of the Revised Code, and requiring casino gaming and	1616
skill-based amusement machine devices and equipment to meet the	1617
standards of this state;	1618

(9) Tournament play in any casino facility;

1619

(10) Establishing and implementing a voluntary exclusion	1620
program that provides all of the following:	1621

(a) Except as provided by commission rule, a person who	1622
participates in the program shall agree to refrain from entering a	1623
casino facility.	1624

(b) The name of a person participating in the program shall	1625
be included on a list of persons excluded from all casino	1626
facilities.	1627

(c) Except as provided by commission rule, no person who	1628
participates in the program shall petition the commission for	1629
admittance into a casino facility.	1630

(d) The list of persons participating in the program and the	1631
personal information of those persons shall be confidential and	1632
shall only be disseminated by the commission to a casino operator	1633
and the agents and employees of the casino operator for purposes	1634
of enforcement and to other entities, upon request of the	1635
participant and agreement by the commission.	1636

(e) A casino operator shall make all reasonable attempts as	1637
determined by the commission to cease all direct marketing efforts	1638
to a person participating in the program.	1639

(f) A casino operator shall not cash the check of a person	1640
participating in the program or extend credit to the person in any	1641
manner. However, the program shall not exclude a casino operator	1642
from seeking the payment of a debt accrued by a person before	1643
participating in the program.	1644

(g) Any and all locations at which a person may register as a	1645
participant in the program shall be published.	1646

(h) A person who enters a casino facility while participating	1647
in the program shall surrender any money or thing of value that	1648
the person has converted or attempted to convert into a wagering	1649
instrument, including, but not limited to, chips, tokens, prizes,	1650
jackpots, non-complimentary pay vouchers, cash, cash equivalents,	1651
electronic credits, and vouchers representing electronic credits,	1652
to the commission for deposit in the problem casino gambling and	1653
addictions fund.	1654

(11) Requiring the commission to adopt standards regarding	1655
the marketing materials of a licensed casino operator and	1656
skill-based amusement machine operator, including allowing the	1657
commission to prohibit marketing materials that are contrary to	1658
the adopted standards;	1659

(12) Requiring that the records, including financial	1660
statements, of any casino operator, management company,	1661
skill-based amusement machine operator, holding company, and	1662
gaming-related vendor be maintained in the manner prescribed by	1663
the commission and made available for inspection upon demand by	1664
the commission, but shall be subject to section 3772.16 of the	1665
Revised Code;	1666

(13) Permitting a licensed casino operator, management	1667
company, skill-based amusement machine operator, key employee, or	1668
casino gaming employee to question a person suspected of violating	1669
this chapter;	1670

(14) The chips, tokens, tickets, electronic cards, or similar	1671
objects that may be purchased by means of an agreement under which	1672
credit is extended to a wagerer by a casino operator;	1673

(15) Establishing standards for provisional key employee	1674
licenses for a person who is required to be licensed as a key	1675
employee and is in exigent circumstances and standards for	1676
provisional licenses for casino gaming employees who submit	1677
complete applications and are compliant under an instant	1678
background check. A provisional license shall be valid not longer	1679
than three months. A provisional license may be renewed one time,	1680
at the commission's discretion, for an additional three months. In	1681
establishing standards with regard to instant background checks	1682
the commission shall take notice of criminal records checks as	1683
they are conducted under section 311.41 of the Revised Code using	1684
electronic fingerprint reading devices.	1685

(16) Establishing approval procedures for third-party	1686
engineering or accounting firms, as described in section 3772.09	1687
of the Revised Code;	1688

(17) Prescribing the manner in which winnings, compensation	1689
from casino gaming, and gross revenue must be computed and	1690
reported by a licensee as described in Chapter 5753. of the	1691
Revised Code and in which winnings or compensation from	1692
skill-based amusement machine operations must be computed and	1693
reported by a licensee under this chapter;	1694

(18) Prescribing conditions under which a licensee's license	1695
may be suspended or revoked as described in section 3772.04 of the	1696
Revised Code;	1697

(19) Prescribing the manner and procedure of all hearings to	1698
be conducted by the commission or by any hearing examiner;	1699

(20) Prescribing technical standards and requirements that	1700
are to be met by security and surveillance equipment that is used	1701
at and standards and requirements to be met by personnel who are	1702
employed at casino facilities, and standards and requirements for	1703
the provision of security at and surveillance of casino	1704
facilities;	1705

(21) Prescribing requirements for a casino operator to	1706
provide unarmed security services at a casino facility by licensed	1707
casino employees, and the training that shall be completed by	1708
these employees;	1709

(22) Prescribing standards according to which casino	1710
operators shall keep accounts and standards according to which	1711
casino accounts shall be audited, and establish means of assisting	1712
the tax commissioner in levying and collecting the gross casino	1713
revenue tax levied under section 5753.02 of the Revised Code, and	1714
standards according to which skill-based amusement machine	1715
operators shall keep accounts and standards according to which	1716
such accounts shall be audited;	1717

(23) Defining penalties for violation of commission rules and	1718
a process for imposing such penalties subject to the review of the	1719
joint committee on gaming and wagering;	1720

(24) Establishing standards for decertifying contractors that	1721
violate statutes or rules of this state or the federal government;	1722

(25) Establishing standards for the repair of casino gaming	1723
equipment and skill-based amusement machines;	1724

(26) Establishing procedures to ensure that casino operators,	1725
management companies, and holding companies are compliant with the	1726
compulsive and problem gambling plan submitted under section	1727
3772.18 of the Revised Code;	1728

(27) Prescribing, for institutional investors in or holding	1729
companies of a casino operator, management company, skill-based	1730
amusement machine operator, holding company, or gaming-related	1731
vendor that fall below the threshold needed to be considered an	1732
institutional investor or a holding company, standards regarding	1733
what any employees, members, or owners of those investors or	1734
holding companies may do and shall not do in relation to casino	1735
facilities and casino gaming or skill-based amusement machines in	1736
this state, which standards shall rationally relate to the need to	1737
proscribe conduct that is inconsistent with passive institutional	1738
investment status;	1739

(28) Providing for any other thing necessary and proper for	1740
successful and efficient regulation of casino gaming and	1741
skill-based amusement machines under this chapter.	1742

(E) The commission shall employ and assign gaming agents as	1743
necessary to assist the commission in carrying out the duties of	1744
this chapter and Chapter 2915. of the Revised Code. In order to	1745
maintain employment as a gaming agent, the gaming agent shall	1746
successfully complete all continuing training programs required by	1747
the commission and shall not have been convicted of or pleaded	1748
guilty or no contest to a disqualifying offense as defined in	1749
section 3772.07 of the Revised Code.	1750

(F) The commission, as a law enforcement agency, and its	1751
gaming agents, as law enforcement officers as defined in section	1752
2901.01 of the Revised Code, shall have authority with regard to	1753
the detection and investigation of, the seizure of evidence	1754
allegedly relating to, and the apprehension and arrest of persons	1755
allegedly committing gamingviolations of this chapter or gambling	1756
offenses as defined in section 2915.01 of the Revised Code or	1757
violating any other law of this state that may affect the	1758
integrity of casino gaming or the operation of skill-based	1759
amusement machines, and shall have access to casino facilities and	1760
skill-based amusement machine operators' facilities to carry out	1761
the requirements of this chapter.	1762

(G) The commission may eject or exclude or authorize the	1763
ejection or exclusion of and a gaming agent may eject a person	1764
from a casino facility for any of the following reasons:	1765

(1) The person's name is on the list of persons voluntarily	1766
excluding themselves from all casinos in a program established	1767
according to rules adopted by the commission;	1768

(2) The person violates or conspires to violate this chapter	1769
or a rule adopted thereunder; or	1770

(3) The commission determines that the person's conduct or	1771
reputation is such that the person's presence within a casino	1772
facility may call into question the honesty and integrity of the	1773
casino gaming operations or interfere with the orderly conduct of	1774
the casino gaming operations.	1775

(H) A person, other than a person participating in a	1776
voluntary exclusion program, may petition the commission for a	1777
public hearing on the person's ejection or exclusion under this	1778
chapter.	1779

(I) A casino operator or management company shall have the	1780
same authority to eject or exclude a person from the management	1781
company's casino facilities as authorized in division (G) of this	1782
section. The licensee shall immediately notify the commission of	1783
an ejection or exclusion.	1784

(J) The commission shall submit a written annual report with	1785
the governor, president and minority leader of the senate, speaker	1786
and minority leader of the house of representatives, and joint	1787
committee on gaming and wagering before the first day of September	1788
each year. The annual report shall include a statement describing	1789
the receipts and disbursements of the commission, relevant	1790
financial data regarding casino gaming, including gross revenues	1791
and disbursements made under this chapter, actions taken by the	1792
commission, an update on casino operators', management companies',	1793
and holding companies' compulsive and problem gambling plans and	1794
the voluntary exclusion program and list, and any additional	1795
information that the commission considers useful or that the	1796
governor, president or minority leader of the senate, speaker or	1797
minority leader of the house of representatives, or joint	1798
committee on gaming and wagering requests.	1799

(K) Notwithstanding any law to the contrary, beginning on	1800
July 1, 2011, theThe commission shall assumehave jurisdiction	1801
over and oversee the regulation of skill-based amusement machines	1802
as is provided in the law of this state.	1803

Sec. 3772.032. (A) The permanent joint committee on gaming	1804
and wagering is established. The committee consists of six	1805
members. The speaker of the house of representatives shall appoint	1806
to the committee three members of the house of representatives and	1807
the president of the senate shall appoint to the committee three	1808
members of the senate. Not more than two members appointed from	1809
each chamber may be members of the same political party. The	1810
chairperson shall be from the opposite house as the chairperson of	1811
the joint committee on agency rule review. If the chairperson is	1812
to be from the house of representatives, the speaker of the house	1813
of representatives shall designate a member as the chairperson and	1814
the president of the senate shall designate a member as the	1815
vice-chairperson. If the chairperson is to be from the senate, the	1816
president of the senate shall designate a member as the	1817
chairperson and the speaker of the house of representatives shall	1818
designate a member as the vice-chairperson.	1819

(B) The committee shall:

1820

(1) Review all constitutional amendments, laws, and rules	1821
governing the operation and administration of casino gaming and	1822
skill-based amusement machines and all authorized gaming and	1823
wagering activities and recommend to the general assembly and	1824
commission any changes it may find desirable with respect to the	1825
language, structure, and organization of those amendments, laws,	1826
or rules;	1827

(2) Make an annual report to the governor and to the general	1828
assembly with respect to the operation and administration of	1829
casino gaming and skill-based amusement machines;	1830

(3) Review all changes of fees and penalties as provided in	1831
this chapter and rules adopted thereunder; and	1832

(4) Study all proposed changes to the constitution and laws	1833
of this state and to the rules adopted by the commission governing	1834
the operation and administration of casino gaming and skill-based	1835
amusement machines, and report to the general assembly on their	1836
adequacy and desirability as a matter of public policy.	1837

(C) Any study, or any expense incurred, in furtherance of the	1838
committee's objectives shall be paid for from, or out of, the	1839
casino control commission fund or other appropriation provided by	1840
law. The members shall receive no additional compensation, but	1841
shall be reimbursed for actual and necessary expenses incurred in	1842
the performance of their official duties.	1843

Sec. 3772.033. In carrying out the responsibilities vested in	1844
the commission by this chapter, the commission may do all the	1845
following and may designate any such responsibilities to the	1846
executive director, to the commission's employees, or to the	1847
gaming agents:	1848

(A) Inspect and examine all premises where casino gaming is	1849
conducted, skill-based amusement machines are operated, or where	1850
casino gaming or skill-based amusement machine supplies, devices,	1851
or equipment are manufactured, sold, or distributed;	1852

(B) Inspect all casino gaming or skill-based amusement	1853
machine supplies, devices, and equipment in or about a casino	1854
facility or skill-based amusement machine operator facility;	1855

(C) Summarily impound and seize and remove from the casino	1856
facility or skill-based amusement machine operator facility	1857
premises casino gaming or skill-based amusement machine supplies,	1858
devices, and equipment for the purpose of examination and	1859
inspection;	1860

(D) Determine any facts, or any conditions, practices, or	1861
other matters, as the commission considers necessary or proper to	1862
aid in the enforcement of this chapter or of a rule adopted	1863
thereunder;	1864

(E) Audit casino gaming or skill-based amusement machine	1865
operations, including those that have ceased operation;	1866

(F) Investigate, for the purpose of prosecution, any	1867
suspected violation of this chapter or rules adopted thereunder or	1868
of Chapter 2915. of the Revised Code or any other law of this	1869
state that may affect the integrity of casino gaming or operation	1870
of skill-based amusement machines;	1871

(G) Investigate as appropriate to aid the commission and to	1872
seek the executive director's advice in adopting rules;	1873

(H) Secure information as is necessary to provide a basis for	1874
recommending legislation for the improvement of this chapter;	1875

(I) Make, execute, and otherwise effectuate all contracts and	1876
other agreements, including contracts for necessary purchases of	1877
goods and services. Except for any contract entered into with	1878
independent testing laboratories under section 3772.31 of the	1879
Revised Code, the commission shall ensure use of Ohio products or	1880
services in compliance with sections 125.09 and 125.11 of the	1881
Revised Code and all rules adopted thereunder.	1882

(J) Employ the services of persons the commission considers	1883
necessary for the purposes of consultation or investigation, and	1884
fix the salaries of, or contract for the services of, legal,	1885
accounting, technical, operational, and other personnel and	1886
consultants;	1887

(K) Secure, by agreement, information and services as the	1888
commission considers necessary from any state agency or other unit	1889
of state government;	1890

(L) Acquire furnishings, equipment, supplies, stationery,	1891
books, and all other things the commission considers necessary or	1892
desirable to successfully and efficiently carry out the	1893
commission's duties and functions; and	1894

(M) Perform all other things the commission considers	1895
necessary to effectuate the intents and purposes of this chapter	1896
and Chapter 2915. of the Revised Code. This section shall not	1897
prohibit the commission from imposing administrative discipline,	1898
including fines and suspension or revocation of licenses, on	1899
licensees under this chapter if the licensee is found to be in	1900
violation of the commission's rules.	1901

Sec. 3772.04. (A)(1) If the commission concludes that a	1902
license required by this chapter should be limited, conditioned,	1903
restricted, suspended, revoked, denied, or not renewed, the	1904
commission may, and if so requested by a licensee or applicant,	1905
shall, conduct a hearing in an adjudication under Chapter 119. of	1906
the Revised Code. After notice and opportunity for a hearing, the	1907
commission may limit, condition, restrict, suspend, revoke, deny,	1908
or not renew a license under rules adopted by the commission. The	1909
commission may reopen a licensing adjudication at any time.	1910

(2) The commission shall appoint a hearing examiner to	1911
conduct the hearing in the adjudication. A party to the	1912
adjudication may file written objections to the hearing examiner's	1913
report and recommendations not later than the thirtieth day after	1914
they are served upon the party or the party's attorney or other	1915
representative of record. The commission shall not take up the	1916
hearing examiner's report and recommendations earlier than the	1917
thirtieth day after the hearing examiner's report and	1918
recommendations were submitted to the commission.	1919

(3) If the commission finds that a person fails or has failed	1920
to meet any requirement under this chapter or a rule adopted	1921
thereunder or under Chapter 2915. of the Revised Code, or violates	1922
or has violated this chapter or a rule adopted thereunder or	1923
Chapter 2915. of the Revised Code or a rule adopted thereunder,	1924
the commission may issue an order:	1925

(a) Limiting, conditioning, restricting, suspending,	1926
revoking, denying, or not renewing, a license issued under this	1927
chapter;	1928

(b) Requiring a casino facility to exclude a licensee from	1929
the casino facility or requiring a casino facility not to pay to	1930
the licensee any remuneration for services or any share of	1931
profits, income, or accruals on the licensee's investment in the	1932
casino facility; or	1933

(c) Fining a licensee or other person according to the	1934
penalties adopted by the commission.	1935

(4) An order may be judicially reviewed under section 119.12	1936
of the Revised Code.	1937

(B) Without in any manner limiting the authority of the	1938
commission to impose the level and type of discipline the	1939
commission considers appropriate, the commission may take into	1940
consideration the following:	1941

(1) If the licensee knew or reasonably should have known that	1942
the action complained of was a violation of any law, rule, or	1943
condition on the licensee's license;	1944

(2) If the licensee has previously been disciplined by the	1945
commission;	1946

(3) If the licensee has previously been subject to discipline	1947
by the commission concerning the violation of any law, rule, or	1948
condition of the licensee's license;	1949

(4) If the licensee reasonably relied upon professional	1950
advice from a lawyer, doctor, accountant, or other recognized	1951
professional that was relevant to the action resulting in the	1952
violation;	1953

(5) If the licensee or the licensee's employer had a	1954
reasonably constituted and functioning compliance program;	1955

(6) If the imposition of a condition requiring the licensee	1956
to establish and implement a written self-enforcement and	1957
compliance program would assist in ensuring the licensee's future	1958
compliance with all statutes, rules, and conditions of the	1959
license;	1960

(7) If the licensee realized a pecuniary gain from the	1961
violation;	1962

(8) If the amount of any fine or other penalty imposed would	1963
result in disgorgement of any gains unlawfully realized by the	1964
licensee;	1965

(9) If the violation was caused by an officer or employee of	1966
the licensee, the level of authority of the individual who caused	1967
the violation;	1968

(10) If the individual who caused the violation acted within	1969
the scope of the individual's authority as granted by the	1970
licensee;	1971

(11) The adequacy of any training programs offered by the	1972
licensee or the licensee's employer that were relevant to the	1973
activity that resulted in the violation;	1974

(12) If the licensee's action substantially deviated from	1975
industry standards and customs;	1976

(13) The extent to which the licensee cooperated with the	1977
commission during the investigation of the violation;	1978

(14) If the licensee has initiated remedial measures to	1979
prevent similar violations;	1980

(15) The magnitude of penalties imposed on other licensees	1981
for similar violations;	1982

(16) The proportionality of the penalty in relation to the	1983
misconduct;	1984

(17) The extent to which the amount of any fine imposed would	1985
punish the licensee for the conduct and deter future violations;	1986

(18) Any mitigating factors offered by the licensee; and

1987

(19) Any other factors the commission considers relevant.

1988

(C) For the purpose of conducting any study or investigation,	1989
the commission may direct that public hearings be held at a time	1990
and place, prescribed by the commission, in accordance with	1991
section 121.22 of the Revised Code. The commission shall give	1992
notice of all public hearings in such manner as will give actual	1993
notice to all interested parties.	1994

(D)(1) For the purpose of conducting the hearing in an	1995
adjudication under division (A) of this section, or in the	1996
discharge of any duties imposed by this chapter, the commission	1997
may require that testimony be given under oath and administer such	1998
oath, issue subpoenas compelling the attendance of witnesses and	1999
the production of any papers, books, and accounts, directed to the	2000
sheriffs of the counties where such witnesses or papers, books,	2001
and accounts are found and cause the deposition of any witness.	2002
The subpoenas shall be served and returned in the same manner as	2003
subpoenas in criminal cases are served and returned. The fees of	2004
sheriffs shall be the same as those allowed by the court of common	2005
pleas in criminal cases.	2006

(2) In the event of the refusal of any person without good	2007
cause to comply with the terms of a subpoena issued by the	2008
commission or refusal to testify on matters about which the person	2009
may lawfully be questioned, the prosecuting attorney of the county	2010
in which such person resides, upon the petition of the commission,	2011
may bring a proceeding for contempt against such person in the	2012
court of common pleas of that county.	2013

(3) Witnesses shall be paid the fees and mileage provided for	2014
in section 119.094 of the Revised Code.	2015

(4) All fees and mileage expenses incurred at the request of	2016
a party shall be paid in advance by the party.	2017

(E) When conducting a public hearing, the commission shall	2018
not limit the number of speakers who may testify. However, the	2019
commission may set reasonable time limits on the length of an	2020
individual's testimony or the total amount of time allotted to	2021
proponents and opponents of an issue before the commission.	2022

(F) The commission may rely, in whole or in part, upon	2023
investigations, conclusions, or findings of other casino gaming	2024
commissions or other government regulatory bodies in connection	2025
with licensing, investigations, or other matters relating to an	2026
applicant or licensee under this chapter.	2027

(G) Notwithstanding anything to the contrary in this chapter,	2028
and except with respect to a casino operator, management company,	2029
or holding company of or affiliated with a casino facility, the	2030
executive director may issue an emergency order for the	2031
suspension, limitation, or conditioning of any license,	2032
registration, approval, or certificate issued, approved, granted,	2033
or otherwise authorized by the commission under Chapter 3772. of	2034
the Revised Code or the rules adopted thereunder, requiring the	2035
inclusion of persons on the commission's exclusion list provided	2036
for under section 3772.031 of the Revised Code and the rules	2037
adopted thereunder, and requiring a casino facility not to pay a	2038
licensee, registrant, or approved or certified person any	2039
remuneration for services or any share of profits, income, or	2040
accruals on that person's investment in the casino facility.	2041

(1) An emergency order may be issued when the executive	2042
director finds either of the following:	2043

(a) A licensee, registrant, or approved or certified person	2044
has been charged with a violation of any of the criminal laws of	2045
this state, another state, or the federal government;	2046

(b) Such an action is necessary to prevent a violation of	2047
this chapter or a rule adopted thereunder.	2048

(2) An emergency order issued under division (G) of this	2049
section shall state the reasons for the commission's action, cite	2050
the law or rule directly involved, and state that the party will	2051
be afforded a hearing if the party requests it within thirty days	2052
after the time of mailing or personal delivery of the order.	2053

(3)(a) Not later than the next business day after the	2054
issuance of the emergency order, the order shall be sent by	2055
registered or certified mail, return receipt requested, to the	2056
party at the party's last known mailing address appearing in the	2057
commission's records or personally delivered at any time to the	2058
party by an employee or agent of the commission.	2059

(b) A copy of the order shall be mailed to the attorney or	2060
other representative of record representing the party.	2061

(c) If the order sent by registered or certified mail is	2062
returned because the party fails to claim the order, the	2063
commission shall send the order by ordinary mail to the party at	2064
the party's last known address and shall obtain a certificate of	2065
mailing. Service by ordinary mail is complete when the certificate	2066
of mailing is obtained unless the order is returned showing	2067
failure of delivery.	2068

(d) If the order sent by registered, certified, or ordinary	2069
mail is returned for failure of delivery, the commission shall	2070
either make personal delivery of the order by an employee or agent	2071
of the commission or cause a summary of the substantive provisions	2072
of the order to be published once a week for three consecutive	2073
weeks in a newspaper of general circulation in the county where	2074
the last known address of the party is located.	2075

(i) Failure of delivery occurs only when a mailed order is	2076
returned by the postal authorities marked undeliverable, address	2077
or addressee unknown, or forwarding address unknown or expired.	2078

(ii) When service is completed by publication, a proof of	2079
publication affidavit, with the first publication of the summary	2080
set forth in the affidavit, shall be mailed by ordinary mail to	2081
the party at the party's last known address and the order shall be	2082
deemed received as of the date of the last publication.	2083

(e) Refusal of delivery of the order sent by mail or	2084
personally delivered to the party is not failure of delivery and	2085
service is deemed to be complete.	2086

(4) The emergency order shall be effective immediately upon	2087
service of the order on the party. The emergency order shall	2088
remain effective until further order of the executive director or	2089
the commission.	2090

(5) The commission may, and if so requested by the person	2091
affected by the emergency order shall, promptly conduct a hearing	2092
in an adjudication under Chapter 119. of the Revised Code.	2093

Sec. 3772.06. (A)(1) The commission shall appoint an	2094
executive director who shall serve at the pleasure of the	2095
commission. The executive director is in the unclassified service,	2096
shall devote full time to the duties of the office, and shall hold	2097
no other office or employment. The executive director shall, by	2098
experience and training, possess management skills that equip the	2099
executive director to administer an enterprise of the nature of	2100
the commission. The executive director shall not have a pecuniary	2101
interest in any business organization that holds a license under	2102
this chapter, or that does business with any person licensed under	2103
this chapter. A member of the general assembly, a person who holds	2104
an elective office, or an office holder of a political party is	2105
ineligible to be appointed executive director at the same time as	2106
being such a member or holding such an office. The executive	2107
director shall receive an annual salary in accordance with pay	2108
range 48 of section 124.152 of the Revised Code.	2109

(2) The executive director, before entering upon the	2110
discharge of the executive director's official duties, shall give,	2111
and thereafter shall maintain, bond in the amount of twenty-five	2112
thousand dollars, payable to the state, conditioned upon the	2113
executive director's faithful and proper performance of the	2114
executive director's official duties. The bond shall be issued by	2115
a surety authorized to do business in this state and shall be	2116
filed with the secretary of state. The bond may be an individual	2117
bond or a schedule or blanket bond.	2118

(B)(1) The executive director or a deputy designated in	2119
writing by the executive director shall attend all meetings of the	2120
commission and shall act as its secretary. The executive director	2121
shall keep a record of all commission proceedings and shall keep	2122
the commission's records, files, and documents at the commission's	2123
principal office.	2124

(2) The executive director shall be the chief executive	2125
officer and shall be responsible for keeping all commission	2126
records and supervising and administering casino gaming and	2127
skill-based amusement machines in accordance with this chapter and	2128
Chapter 2915. of the Revised Code, and enforcing all commission	2129
rules adopted under this chapter.	2130

(3) The executive director shall hire staff, including an	2131
assistant director or deputy directors, as necessary to assist the	2132
executive director in the executive director's duties under this	2133
chapter. In appointing employees, the executive director is	2134
subject to section 3772.061 of the Revised Code. The executive	2135
director may employ employees as necessary, unless the commission	2136
determines otherwise. Except as otherwise provided in this	2137
chapter, all costs of administration incurred by the executive	2138
director and the executive director's employees shall be paid out	2139
of the casino control commission fund.	2140

(C) A state agency or other unit of state government shall	2141
cooperate with the commission, and shall provide the commission	2142
with information and services the commission considers necessary	2143
to carry out the commission's duties and functions under this	2144
chapter.	2145

(D) The executive director shall confer at least once each	2146
month with the commission, at which time the executive director	2147
shall advise it regarding the operation and administration of the	2148
commission and casino gaming. The executive director shall make	2149
available at the request of the commission all documents, files,	2150
and other records pertaining to the operation and administration	2151
of the commission and, casino gaming, and skill-based amusement	2152
machines. The executive director shall prepare and make available	2153
to the commission each month a complete and accurate accounting of	2154
gross casino gaming revenues, and all other relevant financial	2155
information, including an accounting of all transfers made from	2156
the casino control commission fund.	2157

Sec. 3772.07.  The following appointing or licensing	2158
authorities shall obtain a criminal records check of the person	2159
who is to be appointed or licensed:	2160

(A) The governor, before appointing an individual as a member	2161
of the commission;	2162

(B) The commission, before appointing an individual as	2163
executive director or a gaming agent;	2164

(C) The commission, before issuing a license for a key	2165
employee or casino gaming employee, and before issuing a license	2166
for each investor, except an institutional investor, for a casino	2167
operator, management company, skill-based amusement machine	2168
operator, holding company, or gaming-related vendor;	2169

(D) The executive director, before appointing an individual	2170
as a professional, technical, or clerical employee of the	2171
commission.	2172

Thereafter, such an appointing or licensing authority shall	2173
obtain a criminal records check of the same individual at	2174
three-year intervals.	2175

The appointing or licensing authority shall make available to	2176
each person of whom a criminal records check is required a copy of	2177
the form and the standard fingerprint impression sheet prescribed	2178
under divisions (C)(1) and (2) of section 109.572 of the Revised	2179
Code. The person shall complete the form and impression sheet and	2180
return them as directed by the appointing or licensing authority.	2181
If a person fails to complete and return the form and impression	2182
sheet within a reasonable time, the person is ineligible to be	2183
appointed or licensed or to continue in the appointment or	2184
licensure.	2185

The appointing or licensing authority shall cause the	2186
completed form and impression sheet to be forwarded to the	2187
superintendent of the bureau of criminal identification and	2188
investigation. The appointing or licensing authority shall request	2189
the superintendent also to obtain information from the federal	2190
bureau of investigation, including fingerprint-based checks of the	2191
national crime information databases, and from other states and	2192
the federal government under the national crime prevention and	2193
privacy compact as part of the criminal records check.	2194

For all criminal records checks conducted under this section,	2195
the applicant for a casino operator, management company,	2196
skill-based amusement machine operator, holding company,	2197
gaming-related vendor, key employee, or casino gaming employee	2198
license shall pay the fee charged by the bureau of criminal	2199
identification and investigation or by a vendor approved by the	2200
bureau to conduct a criminal records check based on the	2201
applicant's fingerprints in accordance with division (A)(15) of	2202
section 109.572 of the Revised Code. If the applicant for a key	2203
employee or casino gaming employee license is applying at the	2204
request of a casino operator, management company, skill-based	2205
amusement machine operator, holding company, or gaming-related	2206
vendor, the casino operator, management company, skill-based	2207
amusement machine operator, holding company, or gaming-related	2208
vendor shall pay the fee charged for all criminal records checks	2209
conducted under this section.	2210

The appointing or licensing authority shall review the	2211
results of a criminal records check. An appointee for a commission	2212
member shall forward the results of the criminal records check to	2213
the president of the senate before the senate advises and consents	2214
to the appointment of the commission member. The appointing or	2215
licensing authority shall not appoint or license or retain the	2216
appointment or licensure of a person a criminal records check	2217
discloses has been convicted of or has pleaded guilty or no	2218
contest to a disqualifying offense. A "disqualifying offense"	2219
means any gambling offense, any theft offense, any offense having	2220
an element of fraud or misrepresentation, any offense having an	2221
element of moral turpitude, and any felony not otherwise included	2222
in the foregoing list, except as otherwise provided in section	2223
3772.10 of the Revised Code.	2224

The report of a criminal records check is not a public record	2225
that is open to public inspection and copying. The commission	2226
shall not make the report available to any person other than the	2227
person who was the subject of the criminal records check; an	2228
appointing or licensing authority; a member, the executive	2229
director, or an employee of the commission; or any court or	2230
agency, including a hearing examiner, in a judicial or	2231
administrative proceeding relating to the person's employment or	2232
application for a license under this chapter.	2233

Sec. 3772.10. (A) In determining whether to grant or maintain	2234
the privilege of a casino operator, management company, holding	2235
company, key employee, casino gaming employee, or gaming-related	2236
vendor license issued under this chapter, the Ohio casino control	2237
commission shall consider all of the following, as applicable:	2238

(1) The reputation, experience, and financial integrity of	2239
the applicant, its holding company, if applicable, and any other	2240
person that directly or indirectly controls the applicant;	2241

(2) The financial ability of the applicant to purchase and	2242
maintain adequate liability and casualty insurance and to provide	2243
an adequate surety bond;	2244

(3) The past and present compliance of the applicant and its	2245
affiliates or affiliated companies with casino-related licensing	2246
requirements in this state or any other jurisdiction, including	2247
whether the applicant has a history of noncompliance with the	2248
casino licensing requirements of any jurisdiction;	2249

(4) If the applicant has been indicted, convicted, pleaded	2250
guilty or no contest, or forfeited bail concerning any criminal	2251
offense under the laws of any jurisdiction, either felony or	2252
misdemeanor, not including traffic violations;	2253

(5) If the applicant has filed, or had filed against it a	2254
proceeding for bankruptcy or has ever been involved in any formal	2255
process to adjust, defer, suspend, or otherwise work out the	2256
payment of any debt;	2257

(6) If the applicant has been served with a complaint or	2258
other notice filed with any public body regarding a payment of any	2259
tax required under federal, state, or local law that has been	2260
delinquent for one or more years;	2261

(7) If the applicant is or has been a defendant in litigation	2262
involving its business practices;	2263

(8) If awarding a license would undermine the public's	2264
confidence in the casino gaming industry in this state;	2265

(9) If the applicant meets other standards for the issuance	2266
of a license that the commission adopts by rule, which shall not	2267
be arbitrary, capricious, or contradictory to the expressed	2268
provisions of this chapter.	2269

(B) All applicants for a license under this chapter shall	2270
establish their suitability for a license by clear and convincing	2271
evidence. If the commission determines that a person is eligible	2272
under this chapter to be issued a license as a casino operator,	2273
management company, holding company, key employee, casino gaming	2274
employee, or gaming-related vendor, the commission shall issue	2275
such license for not more than three years, as determined by	2276
commission rule, if all other requirements of this chapter have	2277
been satisfied.	2278

(C) The commission shall not issue a casino operator,	2279
management company, holding company, key employee, casino gaming	2280
employee, or gaming-related vendor license under this chapter to	2281
an applicant if:	2282

(1) The applicant has been convicted of a disqualifying	2283
offense, as defined in section 3772.07 of the Revised Code.	2284

(2) The applicant has submitted an application for license	2285
under this chapter that contains false information.	2286

(3) The applicant is a commission member.

2287

(4) The applicant owns an ownership interest that is unlawful	2288
under this chapter, unless waived by the commission.	2289

(5) The applicant violates specific rules adopted by the	2290
commission related to denial of licensure.	2291

(6) The applicant is a member of or employed by a gaming	2292
regulatory body of a governmental unit in this state, another	2293
state, or the federal government, or is employed by a governmental	2294
unit of this state. This division does not prohibit a casino	2295
operator from hiring special duty law enforcement officers if the	2296
officers are not specifically involved in gaming-related	2297
regulatory functions.	2298

(7) The commission otherwise determines the applicant is	2299
ineligible for the license.	2300

(D)(1) The commission shall investigate the qualifications of	2301
each applicant under this chapter before any license is issued and	2302
before any finding with regard to acts or transactions for which	2303
commission approval is required is made. The commission shall	2304
continue to observe the conduct of all licensees and all other	2305
persons having a material involvement directly or indirectly with	2306
a casino operator, management company, or holding companylicensee	2307
to ensure that licenses are not issued to or held by, or that	2308
there is not any material involvement with a casino operator,	2309
management company, or holding companylicensee by, an	2310
unqualified, disqualified, or unsuitable person or a person whose	2311
operations are conducted in an unsuitable manner or in unsuitable	2312
or prohibited places or locations.	2313

(2) The executive director may recommend to the commission	2314
that it deny any application, or limit, condition, or restrict, or	2315
suspend or revoke, any license or finding, or impose any fine upon	2316
any licensee or other person according to this chapter and the	2317
rules adopted thereunder.	2318

(3) A license issued under this chapter is a revocable	2319
privilege. No licensee has a vested right in or under any license	2320
issued under this chapter. The initial determination of the	2321
commission to deny, or to limit, condition, or restrict, a license	2322
may be appealed under section 2505.03 of the Revised Code.	2323

(E)(1) An institutional investor may be found to be suitable	2324
or qualified by the commission under this chapter and the rules	2325
adopted under this chapter. An institutional investor shall be	2326
presumed suitable or qualified upon submitting documentation	2327
sufficient to establish qualifications as an institutional	2328
investor and upon certifying all of the following:	2329

(a) The institutional investor owns, holds, or controls	2330
securities issued by a licensee or holding, intermediate, or	2331
parent company of a licensee or in the ordinary course of business	2332
for investment purposes only.	2333

(b) The institutional investor does not exercise influence	2334
over the affairs of the issuer of such securities nor over any	2335
licensed subsidiary of the issuer of such securities.	2336

(c) The institutional investor does not intend to exercise	2337
influence over the affairs of the issuer of such securities, nor	2338
over any licensed subsidiary of the issuer of such securities, in	2339
the future, and that it agrees to notify the commission in writing	2340
within thirty days if such intent changes.	2341

(2) The exercise of voting privileges with regard to	2342
securities shall not be deemed to constitute the exercise of	2343
influence over the affairs of a licensee.	2344

(3) The commission shall rescind the presumption of	2345
suitability for an institutional investor at any time if the	2346
institutional investor exercises or intends to exercise influence	2347
or control over the affairs of the licensee.	2348

(4) This division shall not be construed to preclude the	2349
commission from requesting information from or investigating the	2350
suitability or qualifications of an institutional investor if:	2351

(a) The commission becomes aware of facts or information that	2352
may result in the institutional investor being found unsuitable or	2353
disqualified; or	2354

(b) The commission has any other reason to seek information	2355
from the investor to determine whether it qualifies as an	2356
institutional investor.	2357

(5) If the commission finds an institutional investor to be	2358
unsuitable or unqualified, the commission shall so notify the	2359
investor and the casino operator, holding company, management	2360
company, skill-based amusement machine operator, or gaming-related	2361
vendor licensee in which the investor invested. The commission	2362
shall allow the investor and the licensee a reasonable amount of	2363
time, as specified by the commission on a case-by-case basis, to	2364
cure the conditions that caused the commission to find the	2365
investor unsuitable or unqualified. If during the specified period	2366
of time the investor or the licensee does not or cannot cure the	2367
conditions that caused the commission to find the investor	2368
unsuitable or unqualified, the commission may allow the investor	2369
or licensee more time to cure the conditions or the commission may	2370
begin proceedings to deny, suspend, or revoke the license of the	2371
casino operator, holding company, management company, skill-based	2372
amusement machine operator, or gaming-related vendor in which the	2373
investor invested or to deny any of the same the renewal of any	2374
such license.	2375

(6) A private licensee or holding company shall provide the	2376
same information to the commission as a public company would	2377
provide in a form 13d or form 13g filing to the securities and	2378
exchange commission.	2379

(F) Information provided on the application shall be used as	2380
a basis for a thorough background investigation of each applicant.	2381
A false or incomplete application is cause for denial of a license	2382
by the commission. All applicants and licensees shall consent to	2383
inspections, searches, and seizures and to the disclosure to the	2384
commission and its agents of confidential records, including tax	2385
records, held by any federal, state, or local agency, credit	2386
bureau, or financial institution and to provide handwriting	2387
exemplars, photographs, fingerprints, and information as	2388
authorized in this chapter and in rules adopted by the commission.	2389

(G) The commission shall provide a written statement to each	2390
applicant for a license under this chapter who is denied the	2391
license that describes the reason or reasons for which the	2392
applicant was denied the license.	2393

(H) Not later than January 31 in each calendar year, the	2394
commission shall provide to the general assembly and the governor	2395
a report that, for each type of license issued under this chapter,	2396
specifies the number of applications made in the preceding	2397
calendar year for each type of such license, the number of	2398
applications denied in the preceding calendar year for each type	2399
of such license, and the reasons for those denials. The	2400
information regarding the reasons for the denials shall specify	2401
each reason that resulted in, or that was a factor resulting in,	2402
denial for each type of license issued under this chapter and, for	2403
each of those reasons, the total number of denials for each such	2404
type that involved that reason.	2405

Sec. 3772.12. (A) A person may apply for a gaming-related	2406
vendor license. All applications shall be made under oath.	2407

(B) A person who holds a gaming-related vendor's license is	2408
authorized to sell or, lease, or otherwise provide, and to	2409
contract to sell or, lease, or otherwise provide, equipment,	2410
goods, and suppliesservices to any licensee involved in the	2411
ownership or management of a casino facility or skill-based	2412
amusement machine operator facility.	2413

(C) Gambling supplies andCasino gaming and skill-based	2414
amusement machine equipment and goods shall not be distributed in	2415
this state unless supplies andthe equipment and goods conform to	2416
standards adopted in rules adopted by the commission.	2417

Sec. 3772.121. (A) The commission may issue a gaming-related	2418
vendor's license under this chapter to an applicant who has:	2419

(1) Applied for the gaming-related vendor's license;

2420

(2) Paid a nonrefundable license fee as described in section	2421
3772.17 of the Revised Code, which shall cover all actual costs	2422
generated by each licensee and all background checks;	2423

(3) Submitted two sets of the applicant's fingerprints; and

2424

(4) Been determined by the commission as eligible for a	2425
gaming-related vendor's license.	2426

(B) A gaming-related vendor shall furnish to the commission a	2427
list of all equipment, devicesgoods, and suppliesservices	2428
offered for sale or, lease, or otherwise provided in connection	2429
with casino games authorized under this chapter or skill-based	2430
amusement machines authorized under this chapter and Chapter 2915.	2431
of the Revised Code.	2432

(C) A gaming-related vendor's equipment, devices, or supplies	2433
that are used by a person in an unauthorized casino gaming	2434
operation shall be forfeited to the state.	2435

Sec. 3772.14. (A) A person may apply for a skill-based	2436
amusement machine operator license. All applications shall be made	2437
under oath and be on a form prescribed by and contain all of the	2438
information required by the commission.	2439

(B) The commission may issue a skill-based amusement machine	2440
operator license under this chapter to an applicant who has done	2441
all of the following:	2442

(1) Applied for the skill-based amusement machine operator	2443
license;	2444

(2) Paid a nonrefundable license fee as described in section	2445
3772.17 of the Revised Code;	2446

(3) Submitted two sets of the applicant's fingerprints; and

2447

(4) Been determined by the commission to be eligible for a	2448
skill-based amusement machine operator license.	2449

(C) A person who holds a skill-based amusement machine	2450
operator license may offer skill-based amusement machines at a	2451
location approved by the commission and as authorized by this	2452
chapter and the rules adopted thereunder and by Chapter 2915. of	2453
the Revised Code and as approved by the commission.	2454

(D) A skill-based amusement machine operator shall only	2455
purchase, lease, or otherwise acquire or obtain skill-based	2456
amusement machine equipment, goods, and services from a	2457
gaming-related vendor licensed under this chapter.	2458

(E) Upon written request from and good cause shown, as	2459
determined by the commission, by a person that is required to	2460
apply for and obtain a skill-based amusement machine operator	2461
license under this chapter, the commission may grant a waiver or	2462
variance from one or more of the skill-based amusement machine	2463
operator licensure requirements.	2464

(1) A waiver or variance request submitted under this	2465
division shall contain all of the following:	2466

(a) The requestor's name, mailing address, telephone number,	2467
facsimile number, and electronic mail address, as available;	2468

(b) A contact person and that person's mailing address,	2469
telephone number, facsimile number, and electronic mail address,	2470
as available;	2471

(c) A detailed description of the specific requirement or	2472
requirements that the requestor is seeking to have waived or to	2473
vary from and the reason or reasons justifying the request;	2474

(d) The requestor's signature or the signature of a duly	2475
authorized agent, employee, or representative of the requestor;	2476
and	2477

(e) Any other information required by the commission.

2478

(2) The commission may consider any properly submitted waiver	2479
or variance request at a meeting held under section 3772.02 of the	2480
Revised Code or designate such responsibility to the commission	2481
chairperson or the executive director. If such a designation	2482
occurs, the commission chairperson or the executive director shall	2483
provide a written response to the requestor indicating whether the	2484
waiver or variance has been granted or denied.	2485

(3) The commission, or the commission chairperson or	2486
executive director, if designated, shall retain sole authority to	2487
grant or deny a waiver or variance request submitted under this	2488
division. The request may be denied for any reason except that no	2489
denial under this division shall be done in an arbitrary or	2490
capricious manner.	2491

(4) Denial of any waiver or variance request submitted under	2492
this division shall not require notice and an opportunity for	2493
hearing nor shall it be considered an adjudication or final	2494
appealable order for purposes of Chapter 119. or section 2505.03	2495
of the Revised Code.	2496

Sec. 3772.15. (A) Unless a license issued under this chapter	2497
is suspended, expires, or is revoked, the license shall be renewed	2498
for three years, as determined by commission rule, after a	2499
determination by the commission that the licensee is in compliance	2500
with this chapter and rules authorized by this chapter and after	2501
the licensee pays a fee. The commission may assess the license	2502
renewal applicant a reasonable fee in thean amount set by rule	2503
that is necessary to cover the commission's costs associated with	2504
the review of the license renewal application.	2505

(B) A licensee shall undergo a complete investigation at	2506
least every three years, as determined by commission rule, to	2507
determine that the licensee remains in compliance with this	2508
chapter or Chapter 2915. of the Revised Code.	2509

(C) Notwithstanding division (B) of this section, the	2510
commission may investigate a licensee at any time the commission	2511
determines it is necessary to ensure that the licensee remains in	2512
compliance with this section.	2513

(D) The holder of a license shall bear the cost of an	2514
investigation, except key employees that are employed by a casino	2515
operator, management company, skill-based amusement machine	2516
operator, holding company, or gaming-related vendor and casino	2517
gaming employees who are employed by a casino operator or	2518
management company, in which case the casino operatoremployer	2519
shall pay the investigation cost.	2520

Sec. 3772.17. (A) The upfront license fee to obtain a license	2521
as a casino operator shall be fifty million dollars per casino	2522
facility and shall be paid upon each casino operator's filing of	2523
its casino operator license application with the commission. The	2524
upfront license fee, once paid to the commission, shall be	2525
deposited into the economic development programs fund, which is	2526
created in the state treasury.	2527

(B) NewLicense and renewal license fees for a new casino	2528
operator, management company, and holding company license and	2529
renewal license feesof or affiliated with a casino facility shall	2530
be set by rule, subject to the review of the joint committee on	2531
gaming and wagering. If an applicant for a license as a management	2532
company or holding company is related through a joint venture or	2533
controlled by or under common control with another applicant for a	2534
license as a casino operator, management company, or holding	2535
company for the same casino facility and the applicant for a	2536
license as a management company or holding company was reviewed	2537
for suitability as part of the investigation of the casino	2538
operator, only one license fee shall be assessed against both	2539
applicants for that casino facility.	2540

(C) The fee to obtain an application for a casino operator,	2541
management company, or holding company license shall be one	2542
million five hundred thousand dollars per application. The	2543
application fee for a casino operator, management company, or	2544
holding company license may be increased to the extent that the	2545
actual review and investigation costs relating to an applicant	2546
exceed the application fee set forth in this division. If an	2547
applicant for a license as a management company or holding company	2548
is related through a joint venture or controlled by or under	2549
common control with another applicant for a license as a casino	2550
operator, management company, or holding company for the same	2551
casino facility, with the exception of actual costs of the review	2552
and investigation of the additional applicant, only one	2553
application fee shall be required of such applicants for that	2554
casino facility. The application fee shall be deposited into the	2555
casino control commission fund. The application fee is	2556
nonrefundable.	2557

(D) The license fees for a skill-based amusement machine	2558
operator shall be set by rule, subject to review by the joint	2559
committee on gaming and wagering. Additionally, the commission may	2560
assess an applicant a reasonable fee in the amount necessary to	2561
process a skill-based amusement machine operator application.	2562

(E) The license fees for a gaming-related vendor shall be set	2563
by rule, subject to the review of the joint committee on gaming	2564
and wagering. Additionally, the commission may assess an applicant	2565
a reasonable fee in the amount necessary to process a	2566
gaming-related vendor license application.	2567

(E)(F) The license fees for a key employee shall be set by	2568
rule, subject to the review of the joint committee on gaming and	2569
wagering. Additionally, the commission may assess an applicant a	2570
reasonable fee in the amount necessary to process a key employee	2571
license application. If the license is being sought at the request	2572
of a casino operator, such fees shall be paid by the casino	2573
operator.	2574

(F)(G) The license fees for a casino gaming employee shall be	2575
set by rule, subject to the review of the joint committee on	2576
gaming and wagering. If the license is being sought at the request	2577
of a casino operator, the fee shall be paid by the casino	2578
operator.	2579

Sec. 3772.21. (A) Casino gaming or skill-based amusement	2580
machine equipment, goods, and supplies customarily used in	2581
conducting casino gamingservices shall only be purchased or,	2582
leased only, or otherwise acquired or obtained from gaming-related	2583
vendors licensed under this chapter. A management company owning	2584
casino gaming devices, supplies, and equipment shall be licensed	2585
as a gaming-related vendor under this chapter.	2586

(B) A licensed gaming-related vendor shall provide only	2587
casino gaming and skill-based amusement machine equipment, goods,	2588
and services that have been approved by the commission.	2589

(C) Annually, a gaming-related vendor shall furnish to the	2590
commission a list of all equipment, devices, and supplies offered	2591
for sale or, lease, or are otherwise offered in connection with	2592
casino gaming authorized under this chapter and skill-based	2593
amusement machines authorized under this chapter and Chapter 2915.	2594
of the Revised Code.	2595

(C)(D) A gaming-related vendor shall keep books and records	2596
for the furnishing of equipment, devices, and supplies to casino	2597
gaming and skill-based amusement machine operations separate from	2598
books and records of any other business operated by the	2599
gaming-related vendor. A gaming-related vendor shall file a	2600
quarterly return with the commission listing all sales and leases.	2601
A gaming-related vendor shall permanently affix the gaming-related	2602
vendor's name to all of the gaming-related vendor's equipment,	2603
devices, and supplies for casino gaming operationsgoods.	2604

(D)(E) A gaming-related vendor's equipment, devices, or	2605
suppliesgoods that are used by a person in an unauthorized casino	2606
gaming or skill-based amusement machine operation shall be	2607
forfeited to the commission.	2608

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	2609
are used to make wagers shall be purchased from the casino	2610
operator or management company while at a casino facility that has	2611
been approved by the commission. Chips, tokens, tickets,	2612
electronic cards, or similar objects may be used while at the	2613
casino facility only for the purpose of making wagers on casino	2614
games.	2615

(B) Casino operators and management companies may provide	2616
promotional gaming credits to their patrons. Promotional gaming	2617
credits shall be subject to oversight by the commission.	2618

(C) Casino operators and, management companies, and	2619
skill-based amusement machine operators shall not do any of the	2620
following:	2621

(1) Obtain a license to operate a check-cashing business	2622
under sections 1315.01 to 1315.30 of the Revised Code;	2623

(2) Obtain a license to provide loans under sections 1321.01	2624
to 1321.19 of the Revised Code;	2625

(3) Obtain a license to provide loans under sections 1321.35	2626
to 1321.48 of the Revised Code.	2627

Sec. 3772.31.  (A) The commission, by and through the	2628
executive director of the commission and as required under section	2629
125.05 of the Revised Code, may enter into contracts necessary to	2630
ensure the proper operation and reporting of all casino gaming	2631
authorized under this chapter and all skill-based amusement	2632
machines authorized under this chapter and Chapter 2915. of the	2633
Revised Code. The commission shall not require use of a central	2634
system by a casino operator, management company, or skill-based	2635
amusement machine operator if the casino operator, management	2636
company, or skill-based amusement machine operator is in	2637
compliance with this chapter or Chapter 2915. of the Revised Code,	2638
as applicable. If the commission determines, after written notice	2639
to the casino operator, management company, or skill-based	2640
amusement machine operator and a hearing under section 3772.04 of	2641
the Revised Code, that a casino operator, management company, or	2642
skill-based amusement machine operator is not in compliance with	2643
this chapter or Chapter 2915. of the Revised Code, as applicable,	2644
the commission may determine it is necessary to require the casino	2645
operator, management company, or skill-based amusement machine	2646
operator to install and implement a central system under such	2647
conditions as the commission may require. Before any such hearing,	2648
the commission shall provide the casino operatorparty with	2649
written notice that the casino operatorparty is not in compliance	2650
with a specific requirement of this chapter or Chapter 2915. of	2651
the Revised Code, as applicable, describe the requirement, and	2652
provide the casino operatorparty at least thirty days to cure the	2653
noncompliance or, if the cure cannot be reasonably rectified	2654
within thirty days, require the casino operatorparty to	2655
demonstrate to the commission's satisfaction that the casino	2656
operatorparty is diligently pursuing the required cure. The	2657
system shall be operated by or under the commission's control. If	2658
the commission determines that a central system is necessary and	2659
adopts rules authorizing a central system, casino operators or	2660
management companies shall be responsible for the costs of the	2661
central system as it relates to casino facilities and skill-based	2662
amusement machine operators shall be responsible for the costs of	2663
the central system as it relates to skill-based amusement	2664
machines.	2665

(B) The commission shall certify independent testing	2666
laboratories to scientifically test and technically evaluate all	2667
slot machines, mechanical, electromechanical, or electronic table	2668
games, slot accounting systems, and other electronic gaming	2669
equipment for compliance with this chapter and all skill-based	2670
amusement machines and related equipment and goods for compliance	2671
with this chapter and Chapter 2915. of the Revised Code. The	2672
certified independent testing laboratories shall be accredited by	2673
a national accreditation body. The commission shall certify an	2674
independent testing laboratory if it is competent and qualified to	2675
scientifically test and evaluate electronic gaming equipment for	2676
compliance with this chapter and Chapter 2915. of the Revised	2677
Code, as applicable, and to otherwise perform the functions	2678
assigned to an independent testing laboratory under this chapter.	2679
An independent testing laboratory shall not be owned or controlled	2680
by, or have any interest in, a gaming-related vendor of electronic	2681
gaming equipment. The commission shall prepare a list of certified	2682
independent testing laboratories from which independent testing	2683
laboratories shall be chosen for all purposes under this chapter.	2684

Sec. 3772.99.  (A) The commission shall levy and collect	2685
penalties for noncriminal violations of this chapter. Noncriminal	2686
violations include using the term "casino" in any advertisement in	2687
regard to a facility operating video lottery terminals, as defined	2688
in section 3770.21 of the Revised Code, in this state. Moneys	2689
collected from such penalty levies shall be credited to the	2690
general revenue fund.	2691

(B) If a licensed casino operator, management company,	2692
holding company, gaming-related vendor, or key employeelicensee	2693
violates this chapter or engages in a fraudulent act, the	2694
commission may suspend or revoke the license and may do either or	2695
both of the following:	2696

(1) Suspend, revoke, or restrict the casino gaming operations	2697
of a casino operator or management company or the skill-based	2698
amusement machine operations of a skill-based amusement machine	2699
operator;	2700

(2) Require the removal of a management company, key	2701
employee, or discontinuance of services from a gaming-related	2702
vendor.	2703

(C) The commission shall impose civil penalties against a	2704
person who violates this chapter under the penalties adopted by	2705
commission rule and reviewed by the joint committee on gaming and	2706
wagering.	2707

(D) A person who purposely or knowingly or intentionally does	2708
any of the following commits a misdemeanor of the first degree on	2709
the first offense and a felony of the fifth degree for a	2710
subsequent offense:	2711

(1) Makes a false statement on an application submitted under	2712
this chapter;	2713

(2) Permits a person less than twenty-one years of age to	2714
make a wager at a casino facility;	2715

(3) Aids, induces, or causes a person less than twenty-one	2716
years of age who is not an employee of the casino gaming operation	2717
to enter or attempt to enter a casino facility;	2718

(4) Enters or attempts to enter a casino facility while under	2719
twenty-one years of age, unless the person enters a designated	2720
area as described in section 3772.24 of the Revised Code;	2721

(5) Is a casino operator or employee and participates in	2722
casino gaming other than as part of operation or employment.	2723

(E) A person who purposely or knowingly or intentionally does	2724
any of the following commits a felony of the fifth degree on a	2725
first offense and a felony of the fourth degree for a subsequent	2726
offense. If the person is a licensee under this chapter, the	2727
commission shall revoke the person's license after the first	2728
offense.	2729

(1) Uses or possesses with the intent to use a device to	2730
assist in projecting the outcome of the casino game, keeping track	2731
of the cards played, analyzing the probability of the occurrence	2732
of an event relating to the casino game, or analyzing the strategy	2733
for playing or betting to be used in the casino game, except as	2734
permitted by the commission;	2735

(2) Cheats at a casino game;

2736

(3) Manufactures, sells, or distributes any cards, chips,	2737
dice, game, or device that is intended to be used to violate this	2738
chapter;	2739

(4) Alters or misrepresents the outcome of a casino game on	2740
which wagers have been made after the outcome is made sure but	2741
before the outcome is revealed to the players;	2742

(5) Places, increases, or decreases a wager on the outcome of	2743
a casino game after acquiring knowledge that is not available to	2744
all players and concerns the outcome of the casino game that is	2745
the subject of the wager;	2746

(6) Aids a person in acquiring the knowledge described in	2747
division (E)(5) of this section for the purpose of placing,	2748
increasing, or decreasing a wager contingent on the outcome of a	2749
casino game;	2750

(7) Claims, collects, takes, or attempts to claim, collect,	2751
or take money or anything of value in or from a casino game with	2752
the intent to defraud or without having made a wager contingent on	2753
winning a casino game;	2754

(8) Claims, collects, or takes an amount of money or thing of	2755
value of greater value than the amount won in a casino game;	2756

(9) Uses or possesses counterfeit chips, tokens, or cashless	2757
wagering instruments in or for use in a casino game;	2758

(10) Possesses a key or device designed for opening,	2759
entering, or affecting the operation of a casino game, skill-based	2760
amusement machine, drop box, or an electronic or a mechanical	2761
device connected with the casino game or skill-based amusement	2762
machine or removing coins, tokens, chips, or other contents of a	2763
casino game or skill-based amusement machine. This division does	2764
not apply to a casino operator, management company, skill-based	2765
amusement machine operator, or gaming-related vendor or their	2766
agents and employees in the course of agency or employment.	2767

(11) Possesses materials used to manufacture a device	2768
intended to be used in a manner that violates this chapter or	2769
Chapter 2915. of the Revised Code;	2770

(12) Operates a casino gaming operation in which wagering is	2771
conducted or is to be conducted in a manner other than the manner	2772
required under this chapter or a skill-based amusement machine	2773
operation in a manner other than the manner required under this	2774
chapter or Chapter 2915. of the Revised Code.	2775

(F) The possession of more than one of the devices described	2776
in division (E)(9), (10), or (11) of this section creates a	2777
rebuttable presumption that the possessor intended to use the	2778
devices for cheating.	2779

(G) A person who purposely or knowingly or intentionally does	2780
any of the following commits a felony of the third degree. If the	2781
person is a licensee under this chapter, the commission shall	2782
revoke the person's license after the first offense. A public	2783
servant or party official who is convicted under this division is	2784
forever disqualified from holding any public office, employment,	2785
or position of trust in this state.	2786

(1) Offers, promises, or gives anything of value or benefit	2787
to a person who is connected with the casino operator, management	2788
company, skill-based amusement machine operator, holding company,	2789
or gaming-related vendor, including their officers and employees,	2790
under an agreement to influence or with the intent to influence	2791
the actions of the person to whom the offer, promise, or gift was	2792
made in order to affect or attempt to affect the outcome of a	2793
casino game or skill-based amusement machine or an official action	2794
of a commission member, agent, or employee;	2795

(2) Solicits, accepts, or receives a promise of anything of	2796
value or benefit while the person is connected with a casino	2797
facility or skill-based amusement machine, including an officer or	2798
employee of a casino operator, management company, skill-based	2799
amusement machine operator, or gaming-related vendor, under an	2800
agreement to influence or with the intent to influence the actions	2801
of the person to affect or attempt to affect the outcome of a	2802
casino game or skill-based amusement machine or an official action	2803
of a commission member, agent, or employee;	2804

(H) A person who is convicted of a felony described in this	2805
chapter or Chapter 2915. of the Revised Code may be barred for	2806
life from entering a casino facility by the commission.	2807

Section 2.  That existing sections 119.12, 2915.01, 2915.03,	2808
2915.06, 2915.061, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02,	2809
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10,	2810
3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.31,	2811
and 3772.99 of the Revised Code are hereby repealed.	2812

Section 3.  Section 3772.10 of the Revised Code is presented	2813
in this act as a composite of the section as amended by both Am.	2814
Sub. H.B. 386 and Am. Sub. S.B. 337 of the 129th General Assembly.	2815
The General Assembly, applying the principle stated in division	2816
(B) of section 1.52 of the Revised Code that amendments are to be	2817
harmonized if reasonably capable of simultaneous operation, finds	2818
that the composite is the resulting version of the section in	2819
effect prior to the effective date of the section as presented in	2820
this act.	2821