Chapter XXI
§ 3763.01. Gaming contracts void.
(A) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, or other securities, when the whole or part of the consideration thereof is for money or other valuable thing won or lost, laid, staked, or betted at or upon a game of any kind, or upon a horse race or cockfights, sport or pastime, or on a wager, or for the repayment of money lent or advanced at the time of a game, play, or wager, for the purpose of being laid, betted, staked, or wagered, are void.
(B) Sections 3763.01 to 3763.08 of the Revised Code do not apply to bingo as defined in section 2915.01 of the Revised Code or to any game of chance that is not subject to criminal penalties under section 2915.02 of the Revised Code.
§ 3763.02. Money lost at games may be recovered; exceptions.
If a person, by playing a game, or by a wager, loses to another, money or other thing of value, and pays or delivers it or a part thereof, to the winner thereof, such person losing and paying or delivering, within six months after such loss and payment or delivery, may sue for and recover such money or thing of value or part thereof, from the winner thereof, with costs of suit.
Neither this section nor section 3763.04 of the Revised Code shall apply to any business transacted upon a regularly established stock exchange or board of trade through a member thereof whose relation to the transaction is that of broker only, and who actually delivers or receives the securities or other commodity bought or sold in accordance with the rules and regulations of said stock exchange or board of trade.
§ 3763.04. Suit by third party.
If a person losing money or thing of value, as provided in section 3763.02 of the Revised Code, within the time therein specified, and without collusion or deceit, does not sue, and effectively prosecute, for such money or thing of value, any person may sue for and recover it, with costs of suit, against such winner, for the use of such person prosecuting such suit.
§ 3763.05. Action for discovery.
A person, liable under sections 3763.01 to 3763.08, inclusive, of the Revised Code, may be compelled to answer, upon oath, interrogatories annexed to the petition for the purpose of discovery of his liability. Upon discovery and repayment of the money or other thing, the person discovering and repaying it, with costs, shall be acquitted and discharged from further punishment, penalty, or forfeiture, for winning such money or thing discovered and repaid.
§ 3763.08. Recovery of losses in lotteries.
A person who expends money or thing of value or incurs an obligation for the purchase of or to procure a lottery or policy ticket, hazard, or chance, or an interest therein, in or on account of lottery, policy, scheme of chance, game of faro, pool or combination, keno, or scheme of gambling, or a person dependent for support upon or entitled to the earnings of such person, or a citizen for the use of the person so interested, may sue for and recover from the person receiving such money, thing of value, or obligation, the amount thereof, with exemplary damages, which shall not be less than fifty nor more than five hundred dollars, and may join as defendants in such suit all persons having an interest in such lottery, policy, or scheme of chance, or the possible profits thereof, as backers, vendors, owners, or otherwise.
Chapter 2915 contains the Penal Code provisions on Gambling. 1974 Committee Comment to H 511
The fundamental thrust of new Chapter 2915. is to prohibit the business of gambling without forbidding gambling carried on for pleasure rather than profit.
Under the chapter, all forms of gambling and activities in aid of it are illegal if carried on as a business, or for personal profit, or as a significant source of income or livelihood. Otherwise, no form of gambling is illegal. Gambling in public is prohibited to avoid enforcement problems, and this represents a partial exception to the general rule in the chapter.
Cheating as such was not an offense under former law, but is an offense under Chapter 2915. regardless of whether the gambling activity in which it occurs is legal or illegal. For penalty purposes, cheaters are treated much the same as thieves under new section 2913.02 of the Revised Code. A simplified version of a former prohibition against "fixing" sporting events is also included in the chapter.
§ 2915.01 Definitions.
§ 2915.01. Definitions As used in this chapter:
(A) "Bookmaking" means the business of receiving or paying off
bets.
(B) "Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C) "Scheme of chance" means a slot machine, lottery, numbers
game, pool conducted for profit, or other scheme in which a
participant gives a valuable consideration for a chance to win a
prize, but does not include bingo, a skill-based amusement
machine, or a pool not conducted for profit.
(D) "Game of chance" means poker, craps, roulette, or other game
in which a player gives anything of value in the hope of gain,
the outcome of which is determined largely by chance, but does
not include bingo.
(E) "Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.
(F) "Gambling device" means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot
machine, or other apparatus designed for use in connection with
a game of chance;
(4) Any equipment, device, apparatus, or paraphernalia specially
designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in
violation of this chapter.
(G) "Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04, 2915.05,
2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance or
law of this or any other state or the United States
substantially equivalent to any section listed in division
(G)(1) of this section or a violation of section 2915.06 of the
Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance
or law of this or any other state or the United States, of which
gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of
this section.
(H) Except as otherwise provided in this chapter, "charitable
organization" means any tax exempt religious, educational,
veteran's, fraternal, sporting, service, nonprofit medical,
volunteer rescue service, volunteer firefighter's, senior
citizen's, historic railroad educational, youth athletic,
amateur athletic, or youth athletic park organization. An
organization is tax exempt if the organization is, and has
received from the internal revenue service a determination
letter that currently is in effect stating that the organization
is, exempt from federal income taxation under subsection 501(a)
and described in subsection 501(c)(3), 501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal Revenue Code, or if
the organization is a sporting organization that is exempt from
federal income taxation under subsection 501(a) and is described
in subsection 501(c)(7) of the Internal Revenue Code. To qualify
as a charitable organization, an organization, except a
volunteer rescue service or volunteer firefighter's
organization, shall have been in continuous existence as such in
this state for a period of two years immediately preceding
either the making of an application for a bingo license under
section 2915.08 of the Revised Code or the conducting of any
game of chance as provided in division (D) of section 2915.02 of
the Revised Code. A charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization,
or a sporting organization does not have to have been in
continuous existence as such in this state for a period of two
years immediately preceding either the making of an application
for a bingo license under section 2915.08 of the Revised Code or
the conducting of any game of chance as provided in division (D)
of section 2915.02 of the Revised Code.
(I) "Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and religious observances.
(J) "Educational organization" means any organization within
this state that is not organized for profit, the primary purpose
of which is to educate and develop the capabilities of
individuals through instruction by means of operating or
contributing to the support of a school, academy, college, or
university.
(K) "Veteran's organization" means any individual post or state
headquarters of a national veteran's association or an auxiliary
unit of any individual post of a national veteran's association,
which post, state headquarters, or auxiliary unit is
incorporated as a nonprofit corporation and either has received
a letter from the state headquarters of the national veteran's
association indicating that the individual post or auxiliary
unit is in good standing with the national veteran's association
or has received a letter from the national veteran's association
indicating that the state headquarters is in good standing with
the national veteran's association. As used in this division,
"national veteran's association" means any veteran's association
that has been in continuous existence as such for a period of at
least five years and either is incorporated by an act of the
United States congress or has a national dues-paying membership
of at least five thousand persons.
(L) "Volunteer firefighter's organization" means any
organization of volunteer firefighters, as defined in section
146.01 of the Revised Code, that is organized and operated
exclusively to provide financial support for a volunteer fire
department or a volunteer fire company and that is recognized or
ratified by a county, municipal corporation, or township.
(M) "Fraternal organization" means any society, order, state
headquarters, or association within this state, except a college
or high school fraternity, that is not organized for profit,
that is a branch, lodge, or chapter of a national or state
organization, that exists exclusively for the common business or
sodality of its members.
(N) "Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of
the Revised Code.
(O) "Service organization" means either of the following:
(1) Any organization, not organized for profit, that is
organized and operated exclusively to provide, or to contribute
to the support of organizations or institutions organized and
operated exclusively to provide, medical and therapeutic
services for persons who are crippled, born with birth defects,
or have any other mental or physical defect or those organized
and operated exclusively to protect, or to contribute to the
support of organizations or institutions organized and operated
exclusively to protect, animals from inhumane treatment or
provide immediate shelter to victims of domestic violence;?(2)
Any organization that is described in subsection 509(a)(1),
509(a)(2), or 509(a)(3) of the Internal Revenue Code and is
either a governmental unit or an organization that is tax exempt
under subsection 501(a) and described in subsection 501(c)(3) of
the Internal Revenue Code and that is an organization, not
organized for profit, that is organized and operated primarily
to provide, or to contribute to the support of organizations or
institutions organized and operated primarily to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect.
(P) "Nonprofit medical organization" means either of the
following:
(1) Any organization that has been incorporated as a nonprofit
corporation for at least five years and that has continuously
operated and will be operated exclusively to provide, or to
contribute to the support of organizations or institutions
organized and operated exclusively to provide, hospital,
medical, research, or therapeutic services for the public; (2)
Any organization that is described and qualified under
subsection 501(c)(3) of the Internal Revenue Code, that has been
incorporated as a nonprofit corporation for at least five years,
and that has continuously operated and will be operated
primarily to provide, or to contribute to the support of
organizations or institutions organized and operated primarily
to provide, hospital, medical, research, or therapeutic services
for the public.
(Q) "Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal Revenue Code.
(R) "Charitable bingo game" means any bingo game described in
division (S)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license pursuant to
section 2915.08 of the Revised Code and the proceeds of which
are used for a charitable purpose.
(S) "Bingo" means either of the following:
(1) A game with all of the following characteristics:
{a) The participants use bingo cards or sheets, including paper
formats and electronic representation or image formats, that are
divided into twenty-five spaces arranged in five horizontal and
five vertical rows of spaces, with each space, except the
central space, being designated by a combination of a letter and
a number and with the central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards or
sheets that correspond to combinations of letters and numbers
that are announced by a bingo game operator.(c) A bingo game
operator announces combinations of letters and numbers that
appear on objects that a bingo game operator selects by chance,
either manually or mechanically, from a receptacle that contains
seventy-five objects at the beginning of each game, each object
marked by a different combination of a letter and a number that
corresponds to one of the seventy-five possible combinations of
a letter and a number that can appear on the bingo cards or
sheets.
(d) The winner of the bingo game includes any participant who
properly announces during the interval between the announcements
of letters and numbers as described in division (S)(1)(c) of
this section, that a predetermined and preannounced pattern of
spaces has been covered on a bingo card or sheet being used by
the participant.
(2) Instant bingo, punch boards, and raffles.
(T) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance.
(U) "Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from
participants, handing out bingo cards or sheets or objects to
cover spaces on bingo cards or sheets, selecting from a
receptacle the objects that contain the combination of letters
and numbers that appear on bingo cards or sheets, calling out
the combinations of letters and numbers, distributing prizes,
selling or redeeming instant bingo tickets or cards, supervising
the operation of a punch board, selling raffle tickets,
selecting raffle tickets from a receptacle and announcing the
winning numbers in a raffle, and preparing, selling, and serving
food or beverages.
(V) "Participant" means any person who plays bingo.
(W) "Bingo session" means a period that includes both of the
following:
(1) Not to exceed five continuous hours for the conduct of one
or more games described in division (S)(1) of this section,
instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards for
not more than two hours before and not more than two hours after
the period described in division (W)(1) of this section.
(X) "Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses
of conducting bingo. "Gross receipts" does not include any money
directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide
auxiliary unit or society of a charitable organization
conducting bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a
bona fide auxiliary unit or society of the charitable
organization for at least two years prior to conducting
bingo.?(2) The person who purchases the food or beverage
receives nothing of value except the food or beverage and items
customarily received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and reasonable
prices.
(Y) "Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(Z) "Charitable purpose" means that the net profit of bingo,
other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:(1) Any
organization that is described in subsection 509(a)(1),
509(a)(2), or 509(a)(3) of the Internal Revenue Code and is
either a governmental unit or an organization that is tax exempt
under subsection 501(a) and described in subsection 501(c)(3) of
the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or
organization of veterans, or an auxiliary unit or society of, or
a trust or foundation for, any such post, chapter, or
organization organized in the United States or any of its
possessions, at least seventy-five per cent of the members of
which are veterans and substantially all of the other members of
which are individuals who are spouses, widows, or widowers of
veterans, or such individuals, provided that no part of the net
earnings of such post, chapter, or organization inures to the
benefit of any private shareholder or individual, and further
provided that the net profit is used by the post, chapter, or
organization for the charitable purposes set forth in division
(B)(12) of section 5739.02 of the Revised Code, is used for
awarding scholarships to or for attendance at an institution
mentioned in division (B)(12) of section 5739.02 of the Revised
Code, is donated to a governmental agency, or is used for
nonprofit youth activities, the purchase of United States or
Ohio flags that are donated to schools, youth groups, or other
bona fide nonprofit organizations, promotion of patriotism, or
disaster relief;
(3) A fraternal organization that has been in continuous
existence in this state for fifteen years and that uses the net
profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net
profit for the purposes set forth in division (L) of this
section.
(AA) "Internal Revenue Code" means the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter amended.
(BB) "Youth athletic organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide financial support to, or to operate, athletic
activities for persons who are twenty-one years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league,
or association.
(CC) "Youth athletic park organization" means any organization,
not organized for profit, that satisfies both of the following:
(1) It owns, operates, and maintains playing fields that satisfy
both of the following:(a) The playing fields are used at least
one hundred days per year for athletic activities by one or more
organizations, not organized for profit, each of which is
organized and operated exclusively to provide financial support
to, or to operate, athletic activities for persons who are
eighteen years of age or younger by means of sponsoring,
organizing, operating, or contributing to the support of an
athletic team, club, league, or association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for
the operation, maintenance, and improvement of its playing
fields of the type described in division (CC)(1) of this
section.
(DD) "Amateur athletic organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide financial support to, or to operate, athletic
activities for persons who are training for amateur athletic
competition that is sanctioned by a national governing body as
defined in the "Amateur Sports Act of 1978," 90 Stat. 3045, 36
U.S.C.A. 373.
(EE) "Bingo supplies" means bingo cards or sheets; instant bingo
tickets or cards; electronic bingo aids; raffle tickets; punch
boards; seal cards; instant bingo ticket dispensers; and devices
for selecting or displaying the combination of bingo letters and
numbers or raffle tickets. Items that are "bingo supplies" are
not gambling devices if sold or otherwise provided, and used, in
accordance with this chapter. For purposes of this chapter,
"bingo supplies" are not to be considered equipment used to
conduct a bingo game.
(FF) "Instant bingo" means a form of bingo that uses folded or
banded tickets or paper cards with perforated break-open tabs, a
face of which is covered or otherwise hidden from view to
conceal a number, letter, or symbol, or set of numbers, letters,
or symbols, some of which have been designated in advance as
prize winners. "Instant bingo" includes seal cards. "Instant
bingo" does not include any device that is activated by the
insertion of a coin, currency, token, or an equivalent, and that
contains as one of its components a video display monitor that
is capable of displaying numbers, letters, symbols, or
characters in winning or losing combinations.
(GG) "Seal card" means a form of instant bingo that uses instant
bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal
predesignated winning numbers, letters, or symbols.
(HH) "Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a
raffle ticket. The one or more winners of the raffle are
determined by drawing a ticket stub or other detachable section
from a receptacle containing ticket stubs or detachable sections
corresponding to all tickets sold for the raffle. "Raffle" does
not include the drawing of a ticket stub or other detachable
section of a ticket purchased to attend a professional sporting
event if both of the following apply:
(1) The ticket stub or other detachable section is used to
select the winner of a free prize given away at the professional
sporting event; and
(2) The cost of the ticket is the same as the cost of a ticket
to the professional sporting event on days when no free prize is
given away.
(II) "Punch board" means a board containing a number of holes or
receptacles of uniform size in which are placed, mechanically
and randomly, serially numbered slips of paper that may be
punched or drawn from the hole or receptacle when used in
conjunction with instant bingo. A player may punch or draw the
numbered slips of paper from the holes or receptacles and obtain
the prize established for the game if the number drawn
corresponds to a winning number or, if the punch board includes
the use of a seal card, a potential winning number.
(JJ) "Gross profit" means gross receipts minus the amount
actually expended for the payment of prize awards.
(KK) "Net profit" means gross profit minus expenses.
(LL) "Expenses" means the reasonable amount of gross profit
actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under section 2915.08 of the
Revised Code;(3) Bank fees and service charges for a bingo
session or game account described in section 2915.10 of the
Revised Code;
(4) Audits and accounting services;
(5) Safes;
(6) Cash registers;
(7) Hiring security personnel;
(8) Advertising bingo;
(9) Renting premises in which to conduct a bingo session;
(10) Tables and chairs;
(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or
canteen;(12) Payment of real property taxes and assessments that
are levied on a premises on which bingo is conducted;
(13) Any other product or service directly related to the
conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of section 2915.08 of the
Revised Code.
(MM) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any firm or any other legal entity,
however organized.
(NN) "Revoke" means to void permanently all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a
charitable gaming license issued by another jurisdiction.
(OO) "Suspend" means to interrupt temporarily all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a
charitable gaming license issued by another jurisdiction.
(PP) "Distributor" means any person who purchases or obtains
bingo supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise provides or offers to
provide the bingo supplies to another person for use in this
state;
(2) Modifies, converts, adds to, or removes parts from the bingo
supplies to further their promotion or sale for use in this
state.
(QQ) "Manufacturer" means any person who assembles completed
bingo supplies from raw materials, other items, or subparts or
who modifies, converts, adds to, or removes parts from bingo
supplies to further their promotion or sale.
(RR) "Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1)
of this section plus the annual net profit derived from the
conduct of bingo described in division (S)(2) of this section.
(SS) "Instant bingo ticket dispenser" means a mechanical device
that dispenses an instant bingo ticket or card as the sole item
of value dispensed and that has the following characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning reels.
(6) It is incapable of determining whether a dispensed bingo
ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid in
accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(TT) (1) "Electronic bingo aid" means an electronic device used
by a participant to monitor bingo cards or sheets purchased at
the time and place of a bingo session and that does all of the
following:
(a) It provides a means for a participant to input numbers and
letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to the bingo faces previously stored in the memory
of the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(VV) (1) "Slot machine" means either of the following:
(a) Any mechanical, electronic, video, or digital device that is
capable of accepting anything of value, directly or indirectly,
from or on behalf of a player who gives the thing of value in
the hope of gain;
(b) Any mechanical, electronic, video, or digital device that is
capable of accepting anything of value, directly or indirectly,
from or on behalf of a player to conduct bingo or a scheme or
game of chance.
(2) "Slot machine" does not include a skill-based amusement
machine or an instant bingo ticket dispenser.
(WW) "Net profit from the proceeds of the sale of instant bingo"
means gross profit minus the ordinary, necessary, and reasonable
expense expended for the purchase of instant bingo supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as
defined in this section. A "charitable instant bingo
organization" does not include a charitable organization that is
exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the Internal Revenue Code
and that is created by a veteran's organization, a fraternal
organization, or a sporting organization in regards to bingo
conducted or assisted by a veteran's organization, a fraternal
organization, or a sporting organization pursuant to section
2915.13 of the Revised Code.
(YY) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(3) The form number;
(4) The ticket count;
(5) The prize structure, including the number of winning instant
bingo tickets by denomination and the respective winning symbol
or number combinations for the winning instant bingo tickets;
(6) The cost per play;
(7) The serial number of the game.
(ZZ) "Historic railroad educational organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code, that owns in fee simple the tracks and
the right -- of -- way of a historic railroad that the
organization restores or maintains and on which the organization
provides excursions as part of a program to promote tourism and
educate visitors regarding the role of railroad transportation
in Ohio history, and that received as donations from a
charitable organization that holds a license to conduct bingo
under this chapter an amount equal to at least fifty per cent of
that licensed charitable organization's net proceeds from the
conduct of bingo during each of the five years preceding June
30, 2003. "Historic railroad" means all or a portion of the
tracks and right-of-way of a railroad that was owned and
operated by a for-profit common carrier in this state at any
time prior to January 1, 1950.
(AAA) (1) "Skill-based amusement machine" means a mechanical,
video, digital, or electronic device that rewards the player or
players, if at all, only with merchandise prizes or with
redeemable vouchers redeemable only for merchandise prizes,
provided that with respect to rewards for playing the game all
of the following apply:
(a) The wholesale value of a merchandise prize awarded as a
result of the single play of a machine does not exceed ten
dollars;
(b) Redeemable vouchers awarded for any single play of a machine
are not redeemable for a merchandise prize with a wholesale
value of more than ten dollars;(c) Redeemable vouchers are not
redeemable for a merchandise prize that has a wholesale value of
more than ten dollars times the fewest number of single plays
necessary to accrue the redeemable vouchers required to obtain
that prize; and
(d) Any redeemable vouchers or merchandise prizes are
distributed at the site of the skill-based amusement machine at
the time of play.
A card for the purchase of gasoline is a redeemable voucher for
purposes of division (AAA)(1) of this section even if the
skill-based amusement machine for the play of which the card is
awarded is located at a place where gasoline may not be legally
distributed to the public or the card is not redeemable at the
location of, or at the time of playing, the skill-based
amusement machine.
(2) A device shall not be considered a skill-based amusement
machine and shall be considered a slot machine if it pays cash
or one or more of the following apply:?
(a) The ability of a player to succeed at the game is impacted
by the number or ratio of prior wins to prior losses of players
playing the game.
(b) Any reward of redeemable vouchers is not based solely on the
player achieving the object of the game or the player's score;
(c) The outcome of the game, or the value of the redeemable
voucher or merchandise prize awarded for winning the game, can
be controlled by a source other than any player playing the
game.
(d) The success of any player is or may be determined by a
chance event that cannot be altered by player actions.
(e) The ability of any player to succeed at the game is
determined by game features not visible or known to the player.
(f) The ability of the player to succeed at the game is impacted
by the exercise of a skill that no reasonable player could
exercise.
(3) All of the following apply to any machine that is operated
as described in division (AAA)(1) of this section:
(a) As used in this section, "game" and "play" mean one event
from the initial activation of the machine until the results of
play are determined without payment of additional consideration.
An individual utilizing a machine that involves a single game,
play, contest, competition, or tournament may be awarded
redeemable vouchers or merchandise prizes based on the results
of play.
(b) Advance play for a single game, play, contest, competition,
or tournament participation may be purchased. The cost of the
contest, competition, or tournament participation may be greater
than a single noncontest, competition, or tournament play.
(c) To the extent that the machine is used in a contest,
competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to
participants in competition for scoring and ranking results
toward the awarding of redeemable vouchers or merchandise prizes
that are stated prior to the start of the contest, competition,
or tournament.
(4) For purposes of division (AAA)(1) of this section, the mere
presence of a device, such as a pin-setting, ball-releasing, or
scoring mechanism, that does not contribute to or affect the
outcome of the play of the game does not make the device a
skill-based amusement machine.
(BBB) "Merchandise prize" means any item of value, but shall not
include any of the following:
(1) Cash, gift cards, or any equivalent thereof;
(2) Plays on games of chance, state lottery tickets, bingo, or
instant bingo;
(3) Firearms, tobacco, or alcoholic beverages; or
(4) A redeemable voucher that is redeemable for any of the items
listed in division (BBB)(1), (2), or (3) of this section.
(CCC) "Redeemable voucher" means any ticket, token, coupon,
receipt, or other noncash representation of value.
(DDD) "Pool not conducted for profit" means a scheme in which a
participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is
distributed to a participant or participants.
(EEE) "Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that
is affiliated with a state or national sporting organization,
including but not limited to, the Ohio league of sportsmen, and
that has been in continuous existence in this state for a period
of three years.
(FFF) "Community action agency" has the same meaning as in
section 122.66 of the Revised Code.
§ 2915.02 Gambling.
(A) No person shall do any of the following:
(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking;
(2) Establish, promote, or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit or any scheme of chance;
(3) Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any game of chance conducted for profit or any scheme of chance;
(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;
(5) With purpose to violate division (A)(1), (2), (3), or (4) of this section, acquire, possess, control, or operate any gambling device.
(B) For purposes of division (A)(1) of this section, a person facilitates bookmaking if the person in any way knowingly aids an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal bookmaking. For purposes of division (A)(2) of this section, a person facilitates a game of chance conducted for profit or a scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme, including, without limitation, playing any such game or scheme.
(C) This section does not prohibit conduct in connection with gambling expressly permitted by law.
(D) This section does not apply to any of the following:
(1) Games of chance, if all of the following apply:
(a) The games of chance are not craps for money or roulette for money.
(b) The games of chance are conducted by a charitable organization that is, and has received from the internal revenue service a determination letter that is currently in effect, stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.
(c) The games of chance are conducted at festivals of the charitable organization that are conducted either for a period of four consecutive days or less and not more than twice a year or for a period of five consecutive days not more than once a year, and are conducted on premises owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on premises that are leased from a veteran's or fraternal organization and that have been owned by the lessor veteran's or fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance.
A charitable organization shall not lease premises from a veteran's or fraternal organization to conduct a festival described in division (D)(1)(c) of this section if the veteran's or fraternal organization already has leased the premises four times during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a veteran's or fraternal organization to conduct a festival described in division (D)(1)(c) of this section, the charitable organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo session that a charitable organization may pay under division (B)(1) of section 2915.09 of the Revised Code when it leases premises from another charitable organization to conduct bingo games.
(d) All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct of the games of chance are used by, or given, donated, or otherwise transferred to, any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;
(e) The games of chance are not conducted during, or within ten hours of, a bingo game conducted for amusement purposes only pursuant to section 2915.12 of the Revised Code.
No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.
(2) Any tag fishing tournament operated under a permit issued under section 1533.92 of the Revised Code, as "tag fishing tournament" is defined in section 1531.01 of the Revised Code;
(3) Bingo conducted by a charitable organization that holds a license issued under section 2915.08 of the Revised Code.
(E) Division (D) of this section shall not be construed to authorize the sale, lease, or other temporary or permanent transfer of the right to conduct games of chance, as granted by that division, by any charitable organization that is granted that right.
(F) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. If the offender previously has been convicted of any gambling offense, gambling is a felony of the fifth degree.
§ 2915.03 Operating a gambling house.
(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:
(1) Use or occupy such premises for gambling in violation of section 2915.02 of the Revised Code;
(2) Recklessly permit such premises to be used or occupied for gambling in violation of section 2915.02 of the Revised Code.
(B) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony of the fifth degree.
(C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.
§ 2915.04 Public gaming.
(A) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall make a bet or play any game of chance or scheme of chance.
(B) No person, being the owner or lessee, or having custody, control, or supervision, of a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit those premises to be used or occupied in violation of division (A) of this section.
(C) Divisions (A) and (B) of this section do not prohibit conduct in connection with gambling expressly permitted by law.
(D) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this division, public gaming is a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a misdemeanor of the fourth degree.
(E) Premises used or occupied in violation of division (B) of this section constitute a nuisance subject to abatement under Chapter 3767. of the Revised Code.
§ 2915.05 Cheating, corrupting sports.
(A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event;
(3) A scheme or game of chance;
(4) Bingo.
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit, or accept anything of value to corrupt the outcome of an athletic or sporting event;
(2) Engage in conduct designed to corrupt the outcome of an athletic or sporting event.
(C)(1) Whoever violates division (A) of this section is guilty of cheating. Except as otherwise provided in this division, cheating is a misdemeanor of the first degree. If the potential gain from the cheating is five hundred dollars or more or if the offender previously has been convicted of any gambling offense or of any theft offense, as defined in section 2913.01 of the Revised Code, cheating is a felony of the fifth degree.
(2) Whoever violates division (B) of this section is guilty of corrupting sports. Corrupting sports is a felony of the fifth degree on a first offense and a felony of the fourth degree on each subsequent offense
§ 2915.07 Conducting illegal bingo.
(A) No person, except a charitable organization that has obtained a license pursuant to section 2915.08 of the Revised Code, shall conduct or advertise bingo. This division does not apply to a raffle that a charitable organization conducts or advertises.
(B) Whoever violates this section is guilty of conducting illegal bingo, a felony of the fourth degree.
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