Ohio § 2915.09

§ 2915.09.

(A) No charitable organization that conducts bingo shall fail to do any of the following: (1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable

organization that is licensed to conduct bingo, or from the landlord of a premises

where bingo is conducted, for a rental rate that is not more than is customary and

reasonable for that equipment; (2) Except as otherwise provided in division (A)(3) of this section, use all of the gross

receipts from bingo for paying prizes, for reimbursement of expenses for or for renting

premises in which to conduct a bingo session, for reimbursement of expenses for or

for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement

of expenses for or for hiring security personnel, for reimbursement of expenses for

or for advertising bingo, or for reimbursement of other expenses or for other expenses

listed in division (GG) of section 2915.01 of the Revised Code , provided that the amount of the receipts so spent is not more than is customary

and reasonable for a similar purchase, lease, hiring, advertising, or expense.  If the building in which bingo is conducted is owned by the charitable organization

conducting bingo and the bingo conducted includes a form of bingo described in division (O)(1) of section 2915.01 of the Revised Code , the charitable organization may deduct from the total amount of the gross receipts

from each session a sum equal to the lesser of six hundred dollars or forty-five per

cent of the gross receipts from the bingo described in that division as consideration

for the use of the premises. (3) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo

described in division (O)(1) of section 2915.01 of the Revised Code for a charitable purpose listed in its license application and described in division (V) of section 2915.01 of the Revised Code , or distribute all of the net profit from the proceeds of the sale of instant bingo

or electronic instant bingo as stated in its license application and in accordance

with section 2915.101 of the Revised Code , as applicable. (B) No charitable organization that conducts a bingo game described in division (O)(1) of section 2915.01 of the Revised Code shall fail to do any of the following: (1) Conduct the bingo game on premises that are owned by the charitable organization,

on premises that are owned by another charitable organization and leased from that

charitable organization for a rental rate not in excess of the lesser of six hundred

dollars per bingo session or forty-five per cent of the gross receipts of the bingo

session, on premises that are leased from a person other than a charitable organization

for a rental rate that is not more than is customary and reasonable for premises that

are similar in location, size, and quality but not in excess of four hundred fifty

dollars per bingo session, or on premises that are owned by a person other than a

charitable organization, that are leased from that person by another charitable organization,

and that are subleased from that other charitable organization by the charitable organization

for a rental rate not in excess of four hundred fifty dollars per bingo session.  No charitable organization is required to pay property taxes or assessments on premises

that the charitable organization leases from another person to conduct bingo sessions.  If the charitable organization leases from a person other than a charitable organization

the premises on which it conducts bingo sessions, the lessor of the premises shall

provide the premises to the organization and shall not provide the organization with

bingo game operators, security personnel, concessions or concession operators, bingo

supplies, or any other type of service.  A charitable organization shall not lease or sublease premises that it owns or leases

to more than three other charitable organizations per calendar week for conducting

bingo sessions on the premises.  A person that is not a charitable organization shall not lease premises that it

owns, leases, or otherwise is empowered to lease to more than three charitable organizations

per calendar week for conducting bingo sessions on the premises.  In no case shall more than nine bingo sessions be conducted on any premises in any

calendar week. (2) Display its license conspicuously at the premises where the bingo session is conducted; (3) Conduct the bingo session in accordance with the definition of bingo set forth in division (O)(1) of section 2915.01 of the Revised Code . (C) No charitable organization that conducts a bingo game described in division (O)(1) of section 2915.01 of the Revised Code shall do any of the following: (1) Pay any compensation to a bingo game operator for operating a bingo session that

is conducted by the charitable organization or for preparing, selling, or serving

food or beverages at the site of the bingo session, permit any auxiliary unit or society

of the charitable organization to pay compensation to any bingo game operator who

prepares, sells, or serves food or beverages at a bingo session conducted by the charitable

organization, or permit any auxiliary unit or society of the charitable organization

to prepare, sell, or serve food or beverages at a bingo session conducted by the charitable

organization, if the auxiliary unit or society pays any compensation to the bingo

game operators who prepare, sell, or serve the food or beverages; (2) Pay consulting fees to any person for any services performed in relation to the bingo

session; (3) Pay concession fees to any person who provides refreshments to the participants in

the bingo session; (4) Except as otherwise provided in division (C)(4) of this section, conduct more than

three bingo sessions in any seven-day period.  A volunteer firefighter's organization or a volunteer rescue service organization

that conducts not more than five bingo sessions in a calendar year may conduct more

than three bingo sessions in a seven-day period after notifying the attorney general

when it will conduct the sessions. (5) Pay out more than six thousand dollars in prizes for bingo games described in division (O)(1) of section 2915.01 of the Revised Code during any bingo session that is conducted by the charitable organization.  “Prizes” does not include awards from the conduct of instant bingo. (6) Conduct a bingo session at any time during the eight-hour period between two a.m.

and ten a.m., at any time during, or within ten hours of, a bingo game conducted for

amusement only pursuant to section 2915.12 of the Revised Code , at any premises not specified on its license, or on any day of the week or during

any time period not specified on its license.  Division (A)(6) of this section does not prohibit the sale of instant bingo tickets

beginning at nine a.m. for a bingo session that begins at ten a.m.  If circumstances make it impractical for the charitable organization to conduct

a bingo session at the premises, or on the day of the week or at the time, specified

on its license, or if a charitable organization wants to conduct bingo sessions on

a day of the week or at a time other than the day or time specified on its license,

the charitable organization may apply in writing to the attorney general for an amended

license pursuant to division (J) of section 2915.08 of the Revised Code .  A charitable organization may apply twice in each calendar year for an amended license

to conduct bingo sessions on a day of the week or at a time other than the day or

time specified on its license.  If the amended license is granted, the organization may conduct bingo sessions at

the premises, on the day of the week, and at the time specified on its amended license. (7) Permit any person whom the charitable organization knows, or should have known, is

under the age of eighteen to work as a bingo game operator; (8) Permit any person whom the charitable organization knows, or should have known, has

been convicted of a felony or gambling offense in any jurisdiction to be a bingo game

operator; (9) Permit the lessor of the premises on which the bingo session is conducted, if the

lessor is not a charitable organization, to provide the charitable organization with

bingo game operators, security personnel, concessions, bingo supplies, or any other

type of service; (10) Purchase or lease bingo supplies from any person except a distributor issued a license

under section 2915.081 of the Revised Code ; (11)(a) Use or permit the use of electronic bingo aids except under the following circumstances: (i) For any single participant, not more than ninety bingo faces can be played using

an electronic bingo aid or aids. (ii) The charitable organization shall provide a participant using an electronic bingo

aid with corresponding paper bingo cards or sheets. (iii) The total price of bingo faces played with an electronic bingo aid shall be equal

to the total price of the same number of bingo faces played with a paper bingo card

or sheet sold at the same bingo session but without an electronic bingo aid. (iv) An electronic bingo aid cannot be part of an electronic network other than a network

that includes only bingo aids and devices that are located on the premises at which

the bingo is being conducted or be interactive with any device not located on the

premises at which the bingo is being conducted. (v) An electronic bingo aid cannot be used to participate in bingo that is conducted

at a location other than the location at which the bingo session is conducted and

at which the electronic bingo aid is used. (vi) An electronic bingo aid cannot be used to provide for the input of numbers and letters

announced by a bingo caller other than the bingo caller who physically calls the numbers

and letters at the location at which the bingo session is conducted and at which the

electronic bingo aid is used. (b) The attorney general may adopt rules in accordance with Chapter 119. of the Revised

Code that govern the use of electronic bingo aids.  The rules may include a requirement that an electronic bingo aid be capable of being

audited by the attorney general to verify the number of bingo cards or sheets played

during each bingo session. (12) Permit any person the charitable organization knows, or should have known, to be

under eighteen years of age to play bingo described in division (O)(1) of section 2915.01 of the Revised Code . (D)(1) Except as otherwise provided in division (D)(3) of this section, no charitable organization

shall provide to a bingo game operator, and no bingo game operator shall receive or

accept, any commission, wage, salary, reward, tip, donation, gratuity, or other form

of compensation, directly or indirectly, regardless of the source, for conducting

bingo or providing other work or labor at the site of bingo during a bingo session. (2) Except as otherwise provided in division (D)(3) of this section, no charitable organization

shall provide to a bingo game operator any commission, wage, salary, reward, tip,

donation, gratuity, or other form of compensation, directly or indirectly, regardless

of the source, for conducting instant bingo, electronic instant bingo, or both other

than at a bingo session at the site of instant bingo, electronic instant bingo, or

both other than at a bingo session. (3) Nothing in division (D) of this section prohibits an employee of a fraternal organization,

veteran's organization, or sporting organization from selling instant bingo tickets

or cards to the organization's members or invited guests, as long as no portion of

the employee's compensation is paid from any receipts of bingo. (E) Notwithstanding division (B)(1) of this section, a charitable organization that,

prior to December 6, 1977, has entered into written agreements for the lease of premises

it owns to another charitable organization or other charitable organizations for the

conducting of bingo sessions so that more than two bingo sessions are conducted per

calendar week on the premises, and a person that is not a charitable organization

and that, prior to December 6, 1977, has entered into written agreements for the lease

of premises it owns to charitable organizations for the conducting of more than two

bingo sessions per calendar week on the premises, may continue to lease the premises

to those charitable organizations, provided that no more than four sessions are conducted

per calendar week, that the lessor organization or person has notified the attorney

general in writing of the organizations that will conduct the sessions and the days

of the week and the times of the day on which the sessions will be conducted, that

the initial lease entered into with each organization that will conduct the sessions

was filed with the attorney general prior to December 6, 1977, and that each organization

that will conduct the sessions was issued a license to conduct bingo games by the

attorney general prior to December 6, 1977. (F) This section does not prohibit a bingo licensed charitable organization or a game

operator from giving any person an instant bingo ticket as a prize. (G) Whoever violates division (A)(2) of this section is guilty of illegally conducting

a bingo game, a felony of the fourth degree.  Except as otherwise provided in this division, whoever violates division (A)(1)

or (3), (B)(1), (2), or (3), (C)(1) to (11), or (D) of this section is guilty of a

minor misdemeanor.  If the offender previously has been convicted of a violation of division (A)(1)

or (3), (B)(1), (2), or (3), (C)(1) to (11), or (D) of this section, a violation of

division (A)(1) or (3), (B)(1), (2), or (3), (C), or (D) of this section is a misdemeanor

of the first degree.  Whoever violates division (C)(12) of this section is guilty of a misdemeanor of

the first degree, or if the offender previously has been convicted of a violation

of division (C)(12) of this section, a felony of the fourth degree.