As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Am. Sub. S. B. No. 141

Senators Obhof, Hughes 

Cosponsors: Senators Eklund, Faber, Hite, Jones, Uecker 

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A BILL

To amend sections 2915.01, 3772.03, and 3772.99 and

1

to enact section 2915.021 of the Revised Code to

2

create penalties related to casino gaming and

3

transacting with a casino facility, to require the

4

Casino Control Commission to include in its annual

5

report to the General Assembly information

6

regarding prosecutions for conduct that is subject

7

to those penalties, to prohibit illegal

8

sweepstakes conduct, and to declare an emergency.

9

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

Section 1. That sections 2915.01, 3772.03, and 3772.99 be	10
amended and section 2915.021 of the Revised Code be enacted to	11
read as follows:	12

Sec. 2915.01.  As used in this chapter:

13

(A) "Bookmaking" means the business of receiving or paying	14
off bets.	15

(B) "Bet" means the hazarding of anything of value upon the	16
result of an event, undertaking, or contingency, but does not	17
include a bona fide business risk.	18

(C) "Scheme of chance" means a slot machine, lottery, numbers	19
game, pool conducted for profit, or other scheme in which a	20
participant gives a valuable consideration for a chance to win a	21
prize, but does not include bingo, a skill-based amusement	22
machine, or a pool not conducted for profit.	23

(D) "Game of chance" means poker, craps, roulette, or other	24
game in which a player gives anything of value in the hope of	25
gain, the outcome of which is determined largely by chance, but	26
does not include bingo.	27

(E) "Game of chance conducted for profit" means any game of	28
chance designed to produce income for the person who conducts or	29
operates the game of chance, but does not include bingo.	30

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

31

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

32

(2) A ticket, token, or other device representing a chance,	33
share, or interest in a scheme of chance or evidencing a bet;	34

(3) A deck of cards, dice, gaming table, roulette wheel, slot	35
machine, or other apparatus designed for use in connection with a	36
game of chance;	37

(4) Any equipment, device, apparatus, or paraphernalia	38
specially designed for gambling purposes;	39

(5) Bingo supplies sold or otherwise provided, or used, in	40
violation of this chapter.	41

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

42

(1) A violation of section 2915.02, 2915.021, 2915.03,	43
2915.04, 2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082,	44
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 of the Revised	45
Code;	46

(2) A violation of an existing or former municipal ordinance	47
or law of this or any other state or the United States	48
substantially equivalent to any section listed in division (G)(1)	49
of this section or a violation of section 2915.06 of the Revised	50
Code as it existed prior to July 1, 1996;	51

(3) An offense under an existing or former municipal	52
ordinance or law of this or any other state or the United States,	53
of which gambling is an element;	54

(4) A conspiracy or attempt to commit, or complicity in	55
committing, any offense under division (G)(1), (2), or (3) of this	56
section.	57

(H) Except as otherwise provided in this chapter, "charitable	58
organization" means either of the following:	59

(1) An organization that is, and has received from the	60
internal revenue service a determination letter that currently is	61
in effect stating that the organization is, exempt from federal	62
income taxation under subsection 501(a) and described in	63
subsection 501(c)(3) of the Internal Revenue Code;	64

(2) A volunteer rescue service organization, volunteer	65
firefighter's organization, veteran's organization, fraternal	66
organization, or sporting organization that is exempt from federal	67
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	68
(c)(10), or (c)(19) of the Internal Revenue Code.	69

To qualify as a "charitable organization," an organization	70
shall have been in continuous existence as such in this state for	71
a period of two years immediately preceding either the making of	72
an application for a bingo license under section 2915.08 of the	73
Revised Code or the conducting of any game of chance as provided	74
in division (D) of section 2915.02 of the Revised Code.	75

(I) "Religious organization" means any church, body of	76
communicants, or group that is not organized or operated for	77
profit and that gathers in common membership for regular worship	78
and religious observances.	79

(J) "Veteran's organization" means any individual post or	80
state headquarters of a national veteran's association or an	81
auxiliary unit of any individual post of a national veteran's	82
association, which post, state headquarters, or auxiliary unit is	83
incorporated as a nonprofit corporation and either has received a	84
letter from the state headquarters of the national veteran's	85
association indicating that the individual post or auxiliary unit	86
is in good standing with the national veteran's association or has	87
received a letter from the national veteran's association	88
indicating that the state headquarters is in good standing with	89
the national veteran's association. As used in this division,	90
"national veteran's association" means any veteran's association	91
that has been in continuous existence as such for a period of at	92
least five years and either is incorporated by an act of the	93
United States congress or has a national dues-paying membership of	94
at least five thousand persons.	95

(K) "Volunteer firefighter's organization" means any	96
organization of volunteer firefighters, as defined in section	97
146.01 of the Revised Code, that is organized and operated	98
exclusively to provide financial support for a volunteer fire	99
department or a volunteer fire company and that is recognized or	100
ratified by a county, municipal corporation, or township.	101

(L) "Fraternal organization" means any society, order, state	102
headquarters, or association within this state, except a college	103
or high school fraternity, that is not organized for profit, that	104
is a branch, lodge, or chapter of a national or state	105
organization, that exists exclusively for the common business or	106
sodality of its members.	107

(M) "Volunteer rescue service organization" means any	108
organization of volunteers organized to function as an emergency	109
medical service organization, as defined in section 4765.01 of the	110
Revised Code.	111

(N) "Charitable bingo game" means any bingo game described in	112
division (O)(1) or (2) of this section that is conducted by a	113
charitable organization that has obtained a license pursuant to	114
section 2915.08 of the Revised Code and the proceeds of which are	115
used for a charitable purpose.	116

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

117

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

118

(a) The participants use bingo cards or sheets, including	119
paper formats and electronic representation or image formats, that	120
are divided into twenty-five spaces arranged in five horizontal	121
and five vertical rows of spaces, with each space, except the	122
central space, being designated by a combination of a letter and a	123
number and with the central space being designated as a free	124
space.	125

(b) The participants cover the spaces on the bingo cards or	126
sheets that correspond to combinations of letters and numbers that	127
are announced by a bingo game operator.	128

(c) A bingo game operator announces combinations of letters	129
and numbers that appear on objects that a bingo game operator	130
selects by chance, either manually or mechanically, from a	131
receptacle that contains seventy-five objects at the beginning of	132
each game, each object marked by a different combination of a	133
letter and a number that corresponds to one of the seventy-five	134
possible combinations of a letter and a number that can appear on	135
the bingo cards or sheets.	136

(d) The winner of the bingo game includes any participant who	137
properly announces during the interval between the announcements	138
of letters and numbers as described in division (O)(1)(c) of this	139
section, that a predetermined and preannounced pattern of spaces	140
has been covered on a bingo card or sheet being used by the	141
participant.	142

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

143

(P) "Conduct" means to back, promote, organize, manage, carry	144
on, sponsor, or prepare for the operation of bingo or a game of	145
chance.	146

(Q) "Bingo game operator" means any person, except security	147
personnel, who performs work or labor at the site of bingo,	148
including, but not limited to, collecting money from participants,	149
handing out bingo cards or sheets or objects to cover spaces on	150
bingo cards or sheets, selecting from a receptacle the objects	151
that contain the combination of letters and numbers that appear on	152
bingo cards or sheets, calling out the combinations of letters and	153
numbers, distributing prizes, selling or redeeming instant bingo	154
tickets or cards, supervising the operation of a punch board,	155
selling raffle tickets, selecting raffle tickets from a receptacle	156
and announcing the winning numbers in a raffle, and preparing,	157
selling, and serving food or beverages.	158

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

159

(S) "Bingo session" means a period that includes both of the	160
following:	161

(1) Not to exceed five continuous hours for the conduct of	162
one or more games described in division (O)(1) of this section,	163
instant bingo, and seal cards;	164

(2) A period for the conduct of instant bingo and seal cards	165
for not more than two hours before and not more than two hours	166
after the period described in division (S)(1) of this section.	167

(T) "Gross receipts" means all money or assets, including	168
admission fees, that a person receives from bingo without the	169
deduction of any amounts for prizes paid out or for the expenses	170
of conducting bingo. "Gross receipts" does not include any money	171
directly taken in from the sale of food or beverages by a	172
charitable organization conducting bingo, or by a bona fide	173
auxiliary unit or society of a charitable organization conducting	174
bingo, provided all of the following apply:	175

(1) The auxiliary unit or society has been in existence as a	176
bona fide auxiliary unit or society of the charitable organization	177
for at least two years prior to conducting bingo.	178

(2) The person who purchases the food or beverage receives	179
nothing of value except the food or beverage and items customarily	180
received with the purchase of that food or beverage.	181

(3) The food and beverages are sold at customary and	182
reasonable prices.	183

(U) "Security personnel" includes any person who either is a	184
sheriff, deputy sheriff, marshal, deputy marshal, township	185
constable, or member of an organized police department of a	186
municipal corporation or has successfully completed a peace	187
officer's training course pursuant to sections 109.71 to 109.79 of	188
the Revised Code and who is hired to provide security for the	189
premises on which bingo is conducted.	190

(V) "Charitable purpose" means that the net profit of bingo,	191
other than instant bingo, is used by, or is given, donated, or	192
otherwise transferred to, any of the following:	193

(1) Any organization that is described in subsection	194
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	195
and is either a governmental unit or an organization that is tax	196
exempt under subsection 501(a) and described in subsection	197
501(c)(3) of the Internal Revenue Code;	198

(2) A veteran's organization that is a post, chapter, or	199
organization of veterans, or an auxiliary unit or society of, or a	200
trust or foundation for, any such post, chapter, or organization	201
organized in the United States or any of its possessions, at least	202
seventy-five per cent of the members of which are veterans and	203
substantially all of the other members of which are individuals	204
who are spouses, widows, or widowers of veterans, or such	205
individuals, provided that no part of the net earnings of such	206
post, chapter, or organization inures to the benefit of any	207
private shareholder or individual, and further provided that the	208
net profit is used by the post, chapter, or organization for the	209
charitable purposes set forth in division (B)(12) of section	210
5739.02 of the Revised Code, is used for awarding scholarships to	211
or for attendance at an institution mentioned in division (B)(12)	212
of section 5739.02 of the Revised Code, is donated to a	213
governmental agency, or is used for nonprofit youth activities,	214
the purchase of United States or Ohio flags that are donated to	215
schools, youth groups, or other bona fide nonprofit organizations,	216
promotion of patriotism, or disaster relief;	217

(3) A fraternal organization that has been in continuous	218
existence in this state for fifteen years and that uses the net	219
profit exclusively for religious, charitable, scientific,	220
literary, or educational purposes, or for the prevention of	221
cruelty to children or animals, if contributions for such use	222
would qualify as a deductible charitable contribution under	223
subsection 170 of the Internal Revenue Code;	224

(4) A volunteer firefighter's organization that uses the net	225
profit for the purposes set forth in division (K) of this section.	226

(W) "Internal Revenue Code" means the "Internal Revenue Code	227
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	228
amended.	229

(X) "Youth athletic organization" means any organization, not	230
organized for profit, that is organized and operated exclusively	231
to provide financial support to, or to operate, athletic	232
activities for persons who are twenty-one years of age or younger	233
by means of sponsoring, organizing, operating, or contributing to	234
the support of an athletic team, club, league, or association.	235

(Y) "Youth athletic park organization" means any	236
organization, not organized for profit, that satisfies both of the	237
following:	238

(1) It owns, operates, and maintains playing fields that	239
satisfy both of the following:	240

(a) The playing fields are used at least one hundred days per	241
year for athletic activities by one or more organizations, not	242
organized for profit, each of which is organized and operated	243
exclusively to provide financial support to, or to operate,	244
athletic activities for persons who are eighteen years of age or	245
younger by means of sponsoring, organizing, operating, or	246
contributing to the support of an athletic team, club, league, or	247
association.	248

(b) The playing fields are not used for any profit-making	249
activity at any time during the year.	250

(2) It uses the proceeds of bingo it conducts exclusively for	251
the operation, maintenance, and improvement of its playing fields	252
of the type described in division (Y)(1) of this section.	253

(Z) "Bingo supplies" means bingo cards or sheets; instant	254
bingo tickets or cards; electronic bingo aids; raffle tickets;	255
punch boards; seal cards; instant bingo ticket dispensers; and	256
devices for selecting or displaying the combination of bingo	257
letters and numbers or raffle tickets. Items that are "bingo	258
supplies" are not gambling devices if sold or otherwise provided,	259
and used, in accordance with this chapter. For purposes of this	260
chapter, "bingo supplies" are not to be considered equipment used	261
to conduct a bingo game.	262

(AA) "Instant bingo" means a form of bingo that shall use	263
folded or banded tickets or paper cards with perforated break-open	264
tabs, a face of which is covered or otherwise hidden from view to	265
conceal a number, letter, or symbol, or set of numbers, letters,	266
or symbols, some of which have been designated in advance as prize	267
winners, and may also include games in which some winners are	268
determined by the random selection of one or more bingo numbers by	269
the use of a seal card or bingo blower. In all "instant bingo" the	270
prize amount and structure shall be predetermined. "Instant bingo"	271
does not include any device that is activated by the insertion of	272
a coin, currency, token, or an equivalent, and that contains as	273
one of its components a video display monitor that is capable of	274
displaying numbers, letters, symbols, or characters in winning or	275
losing combinations.	276

(BB) "Seal card" means a form of instant bingo that uses	277
instant bingo tickets in conjunction with a board or placard that	278
contains one or more seals that, when removed or opened, reveal	279
predesignated winning numbers, letters, or symbols.	280

(CC) "Raffle" means a form of bingo in which the one or more	281
prizes are won by one or more persons who have purchased a raffle	282
ticket. The one or more winners of the raffle are determined by	283
drawing a ticket stub or other detachable section from a	284
receptacle containing ticket stubs or detachable sections	285
corresponding to all tickets sold for the raffle. "Raffle" does	286
not include the drawing of a ticket stub or other detachable	287
section of a ticket purchased to attend a professional sporting	288
event if both of the following apply:	289

(1) The ticket stub or other detachable section is used to	290
select the winner of a free prize given away at the professional	291
sporting event; and	292

(2) The cost of the ticket is the same as the cost of a	293
ticket to the professional sporting event on days when no free	294
prize is given away.	295

(DD) "Punch board" means a board containing a number of holes	296
or receptacles of uniform size in which are placed, mechanically	297
and randomly, serially numbered slips of paper that may be punched	298
or drawn from the hole or receptacle when used in conjunction with	299
instant bingo. A player may punch or draw the numbered slips of	300
paper from the holes or receptacles and obtain the prize	301
established for the game if the number drawn corresponds to a	302
winning number or, if the punch board includes the use of a seal	303
card, a potential winning number.	304

(EE) "Gross profit" means gross receipts minus the amount	305
actually expended for the payment of prize awards.	306

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

307

(GG) "Expenses" means the reasonable amount of gross profit	308
actually expended for all of the following:	309

(1) The purchase or lease of bingo supplies;

310

(2) The annual license fee required under section 2915.08 of	311
the Revised Code;	312

(3) Bank fees and service charges for a bingo session or game	313
account described in section 2915.10 of the Revised Code;	314

(4) Audits and accounting services;

315

(5) Safes;

316

(6) Cash registers;

317

(7) Hiring security personnel;

318

(8) Advertising bingo;

319

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

320

(10) Tables and chairs;

321

(11) Expenses for maintaining and operating a charitable	322
organization's facilities, including, but not limited to, a post	323
home, club house, lounge, tavern, or canteen and any grounds	324
attached to the post home, club house, lounge, tavern, or canteen;	325

(12) Payment of real property taxes and assessments that are	326
levied on a premises on which bingo is conducted;	327

(13) Any other product or service directly related to the	328
conduct of bingo that is authorized in rules adopted by the	329
attorney general under division (B)(1) of section 2915.08 of the	330
Revised Code.	331

(HH) "Person" has the same meaning as in section 1.59 of the	332
Revised Code and includes any firm or any other legal entity,	333
however organized.	334

(II) "Revoke" means to void permanently all rights and	335
privileges of the holder of a license issued under section	336
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	337
gaming license issued by another jurisdiction.	338

(JJ) "Suspend" means to interrupt temporarily all rights and	339
privileges of the holder of a license issued under section	340
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	341
gaming license issued by another jurisdiction.	342

(KK) "Distributor" means any person who purchases or obtains	343
bingo supplies and who does either of the following:	344

(1) Sells, offers for sale, or otherwise provides or offers	345
to provide the bingo supplies to another person for use in this	346
state;	347

(2) Modifies, converts, adds to, or removes parts from the	348
bingo supplies to further their promotion or sale for use in this	349
state.	350

(LL) "Manufacturer" means any person who assembles completed	351
bingo supplies from raw materials, other items, or subparts or who	352
modifies, converts, adds to, or removes parts from bingo supplies	353
to further their promotion or sale.	354

(MM) "Gross annual revenues" means the annual gross receipts	355
derived from the conduct of bingo described in division (O)(1) of	356
this section plus the annual net profit derived from the conduct	357
of bingo described in division (O)(2) of this section.	358

(NN) "Instant bingo ticket dispenser" means a mechanical	359
device that dispenses an instant bingo ticket or card as the sole	360
item of value dispensed and that has the following	361
characteristics:	362

(1) It is activated upon the insertion of United States	363
currency.	364

(2) It performs no gaming functions.

365

(3) It does not contain a video display monitor or generate	366
noise.	367

(4) It is not capable of displaying any numbers, letters,	368
symbols, or characters in winning or losing combinations.	369

(5) It does not simulate or display rolling or spinning	370
reels.	371

(6) It is incapable of determining whether a dispensed bingo	372
ticket or card is a winning or nonwinning ticket or card and	373
requires a winning ticket or card to be paid by a bingo game	374
operator.	375

(7) It may provide accounting and security features to aid in	376
accounting for the instant bingo tickets or cards it dispenses.	377

(8) It is not part of an electronic network and is not	378
interactive.	379

(OO)(1) "Electronic bingo aid" means an electronic device	380
used by a participant to monitor bingo cards or sheets purchased	381
at the time and place of a bingo session and that does all of the	382
following:	383

(a) It provides a means for a participant to input numbers	384
and letters announced by a bingo caller.	385

(b) It compares the numbers and letters entered by the	386
participant to the bingo faces previously stored in the memory of	387
the device.	388

(c) It identifies a winning bingo pattern.

389

(2) "Electronic bingo aid" does not include any device into	390
which a coin, currency, token, or an equivalent is inserted to	391
activate play.	392

(PP) "Deal of instant bingo tickets" means a single game of	393
instant bingo tickets all with the same serial number.	394

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

395

(a) Any mechanical, electronic, video, or digital device that	396
is capable of accepting anything of value, directly or indirectly,	397
from or on behalf of a player who gives the thing of value in the	398
hope of gain;	399

(b) Any mechanical, electronic, video, or digital device that	400
is capable of accepting anything of value, directly or indirectly,	401
from or on behalf of a player to conduct bingo or a scheme or game	402
of chance.	403

(2) "Slot machine" does not include a skill-based amusement	404
machine or an instant bingo ticket dispenser.	405

(RR) "Net profit from the proceeds of the sale of instant	406
bingo" means gross profit minus the ordinary, necessary, and	407
reasonable expense expended for the purchase of instant bingo	408
supplies, and, in the case of instant bingo conducted by a	409
veteran's, fraternal, or sporting organization, minus the payment	410
by that organization of real property taxes and assessments levied	411
on a premises on which instant bingo is conducted.	412

(SS) "Charitable instant bingo organization" means an	413
organization that is exempt from federal income taxation under	414
subsection 501(a) and described in subsection 501(c)(3) of the	415
Internal Revenue Code and is a charitable organization as defined	416
in this section. A "charitable instant bingo organization" does	417
not include a charitable organization that is exempt from federal	418
income taxation under subsection 501(a) and described in	419
subsection 501(c)(3) of the Internal Revenue Code and that is	420
created by a veteran's organization, a fraternal organization, or	421
a sporting organization in regards to bingo conducted or assisted	422
by a veteran's organization, a fraternal organization, or a	423
sporting organization pursuant to section 2915.13 of the Revised	424
Code.	425

(TT) "Game flare" means the board or placard that accompanies	426
each deal of instant bingo tickets and that has printed on or	427
affixed to it the following information for the game:	428

(1) The name of the game;

429

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

430

(3) The form number;

431

(4) The ticket count;

432

(5) The prize structure, including the number of winning	433
instant bingo tickets by denomination and the respective winning	434
symbol or number combinations for the winning instant bingo	435
tickets;	436

(6) The cost per play;

437

(7) The serial number of the game.

438

(UU)(1) "Skill-based amusement machine" means a mechanical,	439
video, digital, or electronic device that rewards the player or	440
players, if at all, only with merchandise prizes or with	441
redeemable vouchers redeemable only for merchandise prizes,	442
provided that with respect to rewards for playing the game all of	443
the following apply:	444

(a) The wholesale value of a merchandise prize awarded as a	445
result of the single play of a machine does not exceed ten	446
dollars;	447

(b) Redeemable vouchers awarded for any single play of a	448
machine are not redeemable for a merchandise prize with a	449
wholesale value of more than ten dollars;	450

(c) Redeemable vouchers are not redeemable for a merchandise	451
prize that has a wholesale value of more than ten dollars times	452
the fewest number of single plays necessary to accrue the	453
redeemable vouchers required to obtain that prize; and	454

(d) Any redeemable vouchers or merchandise prizes are	455
distributed at the site of the skill-based amusement machine at	456
the time of play.	457

A card for the purchase of gasoline is a redeemable voucher	458
for purposes of division (UU)(1) of this section even if the	459
skill-based amusement machine for the play of which the card is	460
awarded is located at a place where gasoline may not be legally	461
distributed to the public or the card is not redeemable at the	462
location of, or at the time of playing, the skill-based amusement	463
machine.	464

(2) A device shall not be considered a skill-based amusement	465
machine and shall be considered a slot machine if it pays cash or	466
one or more of the following apply:	467

(a) The ability of a player to succeed at the game is	468
impacted by the number or ratio of prior wins to prior losses of	469
players playing the game.	470

(b) Any reward of redeemable vouchers is not based solely on	471
the player achieving the object of the game or the player's score;	472

(c) The outcome of the game, or the value of the redeemable	473
voucher or merchandise prize awarded for winning the game, can be	474
controlled by a source other than any player playing the game.	475

(d) The success of any player is or may be determined by a	476
chance event that cannot be altered by player actions.	477

(e) The ability of any player to succeed at the game is	478
determined by game features not visible or known to the player.	479

(f) The ability of the player to succeed at the game is	480
impacted by the exercise of a skill that no reasonable player	481
could exercise.	482

(3) All of the following apply to any machine that is	483
operated as described in division (UU)(1) of this section:	484

(a) As used in division (UU) of this section, "game" and	485
"play" mean one event from the initial activation of the machine	486
until the results of play are determined without payment of	487
additional consideration. An individual utilizing a machine that	488
involves a single game, play, contest, competition, or tournament	489
may be awarded redeemable vouchers or merchandise prizes based on	490
the results of play.	491

(b) Advance play for a single game, play, contest,	492
competition, or tournament participation may be purchased. The	493
cost of the contest, competition, or tournament participation may	494
be greater than a single noncontest, competition, or tournament	495
play.	496

(c) To the extent that the machine is used in a contest,	497
competition, or tournament, that contest, competition, or	498
tournament has a defined starting and ending date and is open to	499
participants in competition for scoring and ranking results toward	500
the awarding of redeemable vouchers or merchandise prizes that are	501
stated prior to the start of the contest, competition, or	502
tournament.	503

(4) For purposes of division (UU)(1) of this section, the	504
mere presence of a device, such as a pin-setting, ball-releasing,	505
or scoring mechanism, that does not contribute to or affect the	506
outcome of the play of the game does not make the device a	507
skill-based amusement machine.	508

(VV) "Merchandise prize" means any item of value, but shall	509
not include any of the following:	510

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

511

(2) Plays on games of chance, state lottery tickets, bingo,	512
or instant bingo;	513

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

514

(4) A redeemable voucher that is redeemable for any of the	515
items listed in division (VV)(1), (2), or (3) of this section.	516

(WW) "Redeemable voucher" means any ticket, token, coupon,	517
receipt, or other noncash representation of value.	518

(XX) "Pool not conducted for profit" means a scheme in which	519
a participant gives a valuable consideration for a chance to win a	520
prize and the total amount of consideration wagered is distributed	521
to a participant or participants.	522

(YY) "Sporting organization" means a hunting, fishing, or	523
trapping organization, other than a college or high school	524
fraternity or sorority, that is not organized for profit, that is	525
affiliated with a state or national sporting organization,	526
including but not limited to, the league of Ohio sportsmen, and	527
that has been in continuous existence in this state for a period	528
of three years.	529

(ZZ) "Community action agency" has the same meaning as in	530
section 122.66 of the Revised Code.	531

Sec. 2915.021.  (A) As used in this section:

532

(1) "Sweepstakes" means any game, contest, advertising scheme	533
or plan, or other promotion for which consideration is not	534
required for a person to enter to win or become eligible to	535
receive any prize, the determination of which is based upon	536
chance. "Sweepstakes" does not include bingo as authorized under	537
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	538
of the Revised Code, lotteries conducted by the state lottery	539
commission as authorized by Chapter 3770. of the Revised Code, and	540
casino gaming as authorized by Chapter 3772. of the Revised Code.	541
"Sweepstakes" does not include prizes awarded by any business	542
enterprise conducted at any location for less than thirteen days	543
per calendar year.	544

(2) "Business enterprise" means any enterprise whether	545
conducted for profit or not for profit.	546

(3) "Enterprise" has the same meaning as in section 2923.31	547
of the Revised Code.	548

(B) No person or entity in relation to any business	549
enterprise shall conduct any sweepstakes in which the person or	550
entity, during a calendar year for which the sweepstakes is	551
offered, awards cash or prizes that have a total value of more	552
than five per cent of the person's or entity's gross revenue for a	553
business location for that year from the business or entity for	554
which the person offered the sweepstakes to advertise or promote.	555

(C) The attorney general may adopt rules for the efficient	556
enforcement of and to ensure compliance with this section,	557
including, but not limited to, the aggregation of the gross	558
revenue of multijurisdictional locations offering marketing	559
programs in the form of food or other trade goods. The attorney	560
general may assess reasonable fees related to compliance with any	561
rules adopted under this division.	562

(D) Whoever violates division (B) of this section is guilty	563
of illegal sweepstakes conduct, a misdemeanor of the first degree.	564
If the offender previously has been convicted of any gambling	565
offense, illegal sweepstakes conduct is a felony of the fifth	566
degree.	567

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	568
the commission shall have authority to complete the functions of	569
licensing, regulating, investigating, and penalizing casino	570
operators, management companies, holding companies, key employees,	571
casino gaming employees, and gaming-related vendors. The	572
commission also shall have jurisdiction over all persons	573
participating in casino gaming authorized by Section 6(C) of	574
Article XV, Ohio Constitution, and this chapter.	575

(B) All rules adopted by the commission under this chapter	576
shall be adopted under procedures established in Chapter 119. of	577
the Revised Code. The commission may contract for the services of	578
experts and consultants to assist the commission in carrying out	579
its duties under this section.	580

(C) Within six months of September 10, 2010, the commission	581
shall adopt initial rules as are necessary for completing the	582
functions stated in division (A) of this section and for	583
addressing the subjects enumerated in division (D) of this	584
section.	585

(D) The commission shall adopt, and as advisable and	586
necessary shall amend or repeal, rules that include all of the	587
following:	588

(1) The prevention of practices detrimental to the public	589
interest;	590

(2) Prescribing the method of applying, and the form of	591
application, that an applicant for a license under this chapter	592
must follow as otherwise described in this chapter;	593

(3) Prescribing the information to be furnished by an	594
applicant or licensee as described in section 3772.11 of the	595
Revised Code;	596

(4) Describing the certification standards and duties of an	597
independent testing laboratory certified under section 3772.31 of	598
the Revised Code and the relationship between the commission, the	599
laboratory, the gaming-related vendor, and the casino operator;	600

(5) The minimum amount of insurance that must be maintained	601
by a casino operator, management company, holding company, or	602
gaming-related vendor;	603

(6) The approval process for a significant change in	604
ownership or transfer of control of a licensee as provided in	605
section 3772.091 of the Revised Code;	606

(7) The design of gaming supplies, devices, and equipment to	607
be distributed by gaming-related vendors;	608

(8) Identifying the casino gaming that is permitted,	609
identifying the gaming supplies, devices, and equipment, that are	610
permitted, defining the area in which the permitted casino gaming	611
may be conducted, and specifying the method of operation according	612
to which the permitted casino gaming is to be conducted as	613
provided in section 3772.20 of the Revised Code, and requiring	614
gaming devices and equipment to meet the standards of this state;	615

(9) Tournament play in any casino facility;

616

(10) Establishing and implementing a voluntary exclusion	617
program that provides all of the following:	618

(a) Except as provided by commission rule, a person who	619
participates in the program shall agree to refrain from entering a	620
casino facility.	621

(b) The name of a person participating in the program shall	622
be included on a list of persons excluded from all casino	623
facilities.	624

(c) Except as provided by commission rule, no person who	625
participates in the program shall petition the commission for	626
admittance into a casino facility.	627

(d) The list of persons participating in the program and the	628
personal information of those persons shall be confidential and	629
shall only be disseminated by the commission to a casino operator	630
and the agents and employees of the casino operator for purposes	631
of enforcement and to other entities, upon request of the	632
participant and agreement by the commission.	633

(e) A casino operator shall make all reasonable attempts as	634
determined by the commission to cease all direct marketing efforts	635
to a person participating in the program.	636

(f) A casino operator shall not cash the check of a person	637
participating in the program or extend credit to the person in any	638
manner. However, the program shall not exclude a casino operator	639
from seeking the payment of a debt accrued by a person before	640
participating in the program.	641

(g) Any and all locations at which a person may register as a	642
participant in the program shall be published.	643

(11) Requiring the commission to adopt standards regarding	644
the marketing materials of a licensed casino operator, including	645
allowing the commission to prohibit marketing materials that are	646
contrary to the adopted standards;	647

(12) Requiring that the records, including financial	648
statements, of any casino operator, management company, holding	649
company, and gaming-related vendor be maintained in the manner	650
prescribed by the commission and made available for inspection	651
upon demand by the commission, but shall be subject to section	652
3772.16 of the Revised Code;	653

(13) Permitting a licensed casino operator, management	654
company, key employee, or casino gaming employee to question a	655
person suspected of violating this chapter;	656

(14) The chips, tokens, tickets, electronic cards, or similar	657
objects that may be purchased by means of an agreement under which	658
credit is extended to a wagerer by a casino operator;	659

(15) Establishing standards for provisional key employee	660
licenses for a person who is required to be licensed as a key	661
employee and is in exigent circumstances and standards for	662
provisional licenses for casino gaming employees who submit	663
complete applications and are compliant under an instant	664
background check. A provisional license shall be valid not longer	665
than three months. A provisional license may be renewed one time,	666
at the commission's discretion, for an additional three months. In	667
establishing standards with regard to instant background checks	668
the commission shall take notice of criminal records checks as	669
they are conducted under section 311.41 of the Revised Code using	670
electronic fingerprint reading devices.	671

(16) Establishing approval procedures for third-party	672
engineering or accounting firms, as described in section 3772.09	673
of the Revised Code;	674

(17) Prescribing the manner in which winnings, compensation	675
from casino gaming, and gross revenue must be computed and	676
reported by a licensee as described in Chapter 5753. of the	677
Revised Code;	678

(18) Prescribing conditions under which a licensee's license	679
may be suspended or revoked as described in section 3772.04 of the	680
Revised Code;	681

(19) Prescribing the manner and procedure of all hearings to	682
be conducted by the commission or by any hearing examiner;	683

(20) Prescribing technical standards and requirements that	684
are to be met by security and surveillance equipment that is used	685
at and standards and requirements to be met by personnel who are	686
employed at casino facilities, and standards and requirements for	687
the provision of security at and surveillance of casino	688
facilities;	689

(21) Prescribing requirements for a casino operator to	690
provide unarmed security services at a casino facility by licensed	691
casino employees, and the training that shall be completed by	692
these employees;	693

(22) Prescribing standards according to which casino	694
operators shall keep accounts and standards according to which	695
casino accounts shall be audited, and establish means of assisting	696
the tax commissioner in levying and collecting the gross casino	697
revenue tax levied under section 5753.02 of the Revised Code;	698

(23) Defining penalties for violation of commission rules and	699
a process for imposing such penalties subject to the review of the	700
joint committee on gaming and wagering;	701

(24) Establishing standards for decertifying contractors that	702
violate statutes or rules of this state or the federal government;	703

(25) Establishing standards for the repair of casino gaming	704
equipment;	705

(26) Establishing procedures to ensure that casino operators,	706
management companies, and holding companies are compliant with the	707
compulsive and problem gambling plan submitted under section	708
3772.18 of the Revised Code;	709

(27) Prescribing, for institutional investors in or holding	710
companies of a casino operator, management company, holding	711
company, or gaming-related vendor that fall below the threshold	712
needed to be considered an institutional investor or a holding	713
company, standards regarding what any employees, members, or	714
owners of those investors or holding companies may do and shall	715
not do in relation to casino facilities and casino gaming in this	716
state, which standards shall rationally relate to the need to	717
proscribe conduct that is inconsistent with passive institutional	718
investment status;	719

(28) Providing for any other thing necessary and proper for	720
successful and efficient regulation of casino gaming under this	721
chapter.	722

(E) The commission shall employ and assign gaming agents as	723
necessary to assist the commission in carrying out the duties of	724
this chapter. In order to maintain employment as a gaming agent,	725
the gaming agent shall successfully complete all continuing	726
training programs required by the commission and shall not have	727
been convicted of or pleaded guilty or no contest to a	728
disqualifying offense as defined in section 3772.07 of the Revised	729
Code.	730

(F) The commission, as a law enforcement agency, and its	731
gaming agents, as law enforcement officers as defined in section	732
2901.01 of the Revised Code, shall have authority with regard to	733
the detection and investigation of, the seizure of evidence	734
allegedly relating to, and the apprehension and arrest of persons	735
allegedly committing gaming offenses, and shall have access to	736
casino facilities to carry out the requirements of this chapter.	737

(G) The commission may eject or exclude or authorize the	738
ejection or exclusion of and a gaming agent may eject a person	739
from a casino facility for any of the following reasons:	740

(1) The person's name is on the list of persons voluntarily	741
excluding themselves from all casinos in a program established	742
according to rules adopted by the commission;	743

(2) The person violates or conspires to violate this chapter	744
or a rule adopted thereunder; or	745

(3) The commission determines that the person's conduct or	746
reputation is such that the person's presence within a casino	747
facility may call into question the honesty and integrity of the	748
casino gaming operations or interfere with the orderly conduct of	749
the casino gaming operations.	750

(H) A person, other than a person participating in a	751
voluntary exclusion program, may petition the commission for a	752
public hearing on the person's ejection or exclusion under this	753
chapter.	754

(I) A casino operator or management company shall have the	755
same authority to eject or exclude a person from the management	756
company's casino facilities as authorized in division (G) of this	757
section. The licensee shall immediately notify the commission of	758
an ejection or exclusion.	759

(J) The commission shall submit a written annual report with	760
the governor, president and minority leader of the senate, speaker	761
and minority leader of the house of representatives, and joint	762
committee on gaming and wagering before the first day of September	763
each year. The annual report shall cover the previous fiscal year	764
and shall include aall of the following:	765

(1) A statement describing the receipts and disbursements of	766
the commission, relevant;	767

(2) Relevant financial data regarding casino gaming,	768
including gross revenues and disbursements made under this	769
chapter, actions;	770

(3) Actions taken by the commission, an;

771

(4) An update on casino operators', management companies',	772
and holding companies' compulsive and problem gambling plans and	773
the voluntary exclusion program and list, and any;	774

(5) Information regarding prosecutions for conduct described	775
in division (H) of section 3772.99 of the Revised Code, including,	776
but not limited to, the total number of prosecutions commenced and	777
the name of each person prosecuted;	778

(6) Any additional information that the commission considers	779
useful or that the governor, president or minority leader of the	780
senate, speaker or minority leader of the house of	781
representatives, or joint committee on gaming and wagering	782
requests.	783

(K) Notwithstanding any law to the contrary, beginning on	784
July 1, 2011, the commission shall assume jurisdiction over and	785
oversee the regulation of skill-based amusement machines as is	786
provided in the law of this state.	787

Sec. 3772.99.  (A) The commission shall levy and collect	788
penalties for noncriminal violations of this chapter. Noncriminal	789
violations include using the term "casino" in any advertisement in	790
regard to a facility operating video lottery terminals, as defined	791
in section 3770.21 of the Revised Code, in this state. Moneys	792
collected from such penalty levies shall be credited to the	793
general revenue fund.	794

(B) If a licensed casino operator, management company,	795
holding company, gaming-related vendor, or key employee violates	796
this chapter or engages in a fraudulent act, the commission may	797
suspend or revoke the license and may do either or both of the	798
following:	799

(1) Suspend, revoke, or restrict the casino gaming operations	800
of a casino operator;	801

(2) Require the removal of a management company, key	802
employee, or discontinuance of services from a gaming-related	803
vendor.	804

(C) The commission shall impose civil penalties against a	805
person who violates this chapter under the penalties adopted by	806
commission rule and reviewed by the joint committee on gaming and	807
wagering.	808

(D) A person who knowingly or intentionally does any of the	809
following commits a misdemeanor of the first degree on the first	810
offense and a felony of the fifth degree for a subsequent offense:	811

(1) Makes a false statement on an application submitted under	812
this chapter;	813

(2) Permits a person less than twenty-one years of age to	814
make a wager at a casino facility;	815

(3) Aids, induces, or causes a person less than twenty-one	816
years of age who is not an employee of the casino gaming operation	817
to enter or attempt to enter a casino facility;	818

(4) Enters or attempts to enter a casino facility while under	819
twenty-one years of age, unless the person enters a designated	820
area as described in section 3772.24 of the Revised Code;	821

(5) Is a casino operator or employee and participates in	822
casino gaming other than as part of operation or employment.	823

(E) A person who knowingly or intentionally does any of the	824
following commits a felony of the fifth degree on a first offense	825
and a felony of the fourth degree for a subsequent offense. If the	826
person is a licensee under this chapter, the commission shall	827
revoke the person's license after the first offense.	828

(1) Uses or possesses with the intent to use a device to	829
assist in projecting the outcome of the casino game, keeping track	830
of the cards played, analyzing the probability of the occurrence	831
of an event relating to the casino game, or analyzing the strategy	832
for playing or betting to be used in the casino game, except as	833
permitted by the commission;	834

(2) Cheats at a casino game;

835

(3) Manufactures, sells, or distributes any cards, chips,	836
dice, game, or device that is intended to be used to violate this	837
chapter;	838

(4) Alters or misrepresents the outcome of a casino game on	839
which wagers have been made after the outcome is made sure but	840
before the outcome is revealed to the players;	841

(5) Places, increases, or decreases a wager on the outcome of	842
a casino game after acquiring knowledge that is not available to	843
all players and concerns the outcome of the casino game that is	844
the subject of the wager;	845

(6) Aids a person in acquiring the knowledge described in	846
division (E)(5) of this section for the purpose of placing,	847
increasing, or decreasing a wager contingent on the outcome of a	848
casino game;	849

(7) Claims, collects, takes, or attempts to claim, collect,	850
or take money or anything of value in or from a casino game with	851
the intent to defraud or without having made a wager contingent on	852
winning a casino game;	853

(8) Claims, collects, or takes an amount of money or thing of	854
value of greater value than the amount won in a casino game;	855

(9) Uses or possesses counterfeit chips, tokens, or cashless	856
wagering instruments in or for use in a casino game;	857

(10) Possesses a key or device designed for opening,	858
entering, or affecting the operation of a casino game, drop box,	859
or an electronic or a mechanical device connected with the casino	860
game or removing coins, tokens, chips, or other contents of a	861
casino game. This division does not apply to a casino operator,	862
management company, or gaming-related vendor or their agents and	863
employees in the course of agency or employment.	864

(11) Possesses materials used to manufacture a device	865
intended to be used in a manner that violates this chapter;	866

(12) Operates a casino gaming operation in which wagering is	867
conducted or is to be conducted in a manner other than the manner	868
required under this chapter.	869

(F) The possession of more than one of the devices described	870
in division (E)(9), (10), or (11) of this section creates a	871
rebuttable presumption that the possessor intended to use the	872
devices for cheating.	873

(G) A person who knowingly or intentionally does any of the	874
following commits a felony of the third degree. If the person is a	875
licensee under this chapter, the commission shall revoke the	876
person's license after the first offense. A public servant or	877
party official who is convicted under this division is forever	878
disqualified from holding any public office, employment, or	879
position of trust in this state.	880

(1) Offers, promises, or gives anything of value or benefit	881
to a person who is connected with the casino operator, management	882
company, holding company, or gaming-related vendor, including	883
their officers and employees, under an agreement to influence or	884
with the intent to influence the actions of the person to whom the	885
offer, promise, or gift was made in order to affect or attempt to	886
affect the outcome of a casino game or an official action of a	887
commission member, agent, or employee;	888

(2) Solicits, accepts, or receives a promise of anything of	889
value or benefit while the person is connected with a casino,	890
including an officer or employee of a casino operator, management	891
company, or gaming-related vendor, under an agreement to influence	892
or with the intent to influence the actions of the person to	893
affect or attempt to affect the outcome of a casino game or an	894
official action of a commission member, agent, or employee;	895

(H) A person who knowingly or intentionally does any of the	896
following while participating in casino gaming or otherwise	897
transacting with a casino facility as permitted by Chapter 3772.	898
of the Revised Code commits a felony of the fifth degree on a	899
first offense and a felony of the fourth degree for a subsequent	900
offense:	901

(1) Causes or attempts to cause a casino facility to fail to	902
file a report required under 31 U.S.C. 5313(a) or 5325 or any	903
regulation prescribed thereunder or section 1315.53 of the Revised	904
Code, or to fail to file a report or maintain a record required by	905
an order issued under section 21 of the "Federal Deposit Insurance	906
Act" or section 123 of Pub. L. No. 91-508;	907

(2) Causes or attempts to cause a casino facility to file a	908
report required under 31 U.S.C. 5313(a) or 5325 or any regulation	909
prescribed thereunder or section 1315.53 of the Revised Code, to	910
file a report or to maintain a record required by any order issued	911
under 31 U.S.C. 5326, or to maintain a record required under any	912
regulation prescribed under section 21 of the "Federal Deposit	913
Insurance Act" or section 123 of Pub. L. No. 91-508 that contains	914
a material omission or misstatement of fact;	915

(3) With one or more casino facilities, structures a	916
transaction, is complicit in structuring a transaction, attempts	917
to structure a transaction, or is complicit in an attempt to	918
structure a transaction.	919

(I) A person who is convicted of a felony described in this	920
chapter may be barred for life from entering a casino facility by	921
the commission.	922

(J) As used in division (H) of this section:

923

(1) To be "complicit" means to engage in any conduct of a	924
type described in divisions (A)(1) to (4) of section 2923.03 of	925
the Revised Code.	926

(2) "Structure a transaction" has the same meaning as in	927
section 1315.51 of the Revised Code.	928

Section 2. That existing sections 2915.01, 3772.03, and	929
3772.99 of the Revised Code are hereby repealed.	930

Section 3.  This act is an emergency measure necessary for	931
the immediate preservation of the public peace, health, and	932
safety. The reasons for such necessity are to criminalize the	933
activities defined in the act as soon as possible. Therefore, this	934
act goes into immediate effect.	935