Ohio Code 2915.14 – Illegal electronic instant bingo conduct
(A) No charitable organization shall conduct electronic instant bingo unless all of the following are true:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the fifth degree | 6 to 12 months | up to $2,500 |
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 2915.14
- 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. See Ohio Code 2915.01
- 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, selling or redeeming electronic instant bingo tickets, credits, or vouchers, accessing an electronic instant bingo system other than as a participant, 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. See Ohio Code 2915.01
- charitable organization: means either of the following:
(1) 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;
(2) A volunteer rescue service organization, volunteer firefighter's organization, veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code. See Ohio Code 2915.01
- Conduct: means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a game of chance, a scheme of chance, or a sweepstakes. See Ohio Code 2915.01
- Deal: means a single game of instant bingo tickets, or a single game of electronic instant bingo tickets, all with the same serial number. See Ohio Code 2915.01
- Electronic instant bingo: means a form of bingo that consists of an electronic or digital representation of instant bingo in which a participant wins a prize if the participant's electronic instant bingo ticket contains a combination of numbers or symbols that was designated in advance as a winning combination, and to which all of the following apply:
(a) Each deal has a predetermined, finite number of winning and losing tickets and a predetermined prize amount and deal structure, provided that there may be multiple winning combinations in each deal and multiple winning tickets. See Ohio Code 2915.01
- Electronic instant bingo system: means both of the following:
(1) A mechanical, electronic, digital, or video device and associated software to which all of the following apply:
(a) It is used by not more than one player at a time to play electronic instant bingo on a single screen that is physically connected to the device;
(b) It is located on the premises of the principal place of business of a veteran's or fraternal organization that holds a type II or type III bingo license to conduct electronic instant bingo at that location issued under section 2915. See Ohio Code 2915.01
- 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. See Ohio Code 2915.01
- Gambling offense: means any of the following:
(1) A violation of this chapter;
(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 provision of this chapter or a violation of section 2915. See Ohio Code 2915.01
- Game flare: means the board or placard, or electronic representation of a board or placard, that accompanies each deal of instant bingo or electronic instant bingo tickets and that includes 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 tickets by denomination and the respective winning symbol or number combinations for the winning tickets;
(6) The cost per play;
(7) The serial number of the game. See Ohio Code 2915.01
- Instant bingo: means a form of bingo that shall use 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, and may also include games in which some winners are determined by the random selection of one or more bingo numbers by the use of a seal card or bingo blower. See Ohio Code 2915.01
- Internal Revenue Code: means the "Internal Revenue Code of 1986" 100 Stat. See Ohio Code 2915.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Participant: means any person who plays bingo. See Ohio Code 2915.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Prize: means any gift, award, gratuity, good, service, credit, reward, or any other thing of value that may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize. See Ohio Code 2915.01
- 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. See Ohio Code 2915.01
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) The organization is a veteran’s organization described in division (J) of section 2915.01 of the Revised Code, or is a fraternal organization described in division (L) of section 2915.01 of the Revised Code, and the organization qualified as a veteran’s organization or fraternal organization, as applicable, on or before June 30, 2021.
(2) The organization is a veteran’s organization described in subsection 501(c)(4) of the Internal Revenue Code or 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 is described in subsection 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code.
(3) The organization has not conducted a raffle in violation of division (B) of section 2915.092 of the Revised Code using an electronic raffle machine, as described in Ohio Veterans and Fraternal Charitable Coalition v. DeWine, Case No. 13-CV-13610 (C.P. Franklin Co. February 23, 2018), at any time on or after January 1, 2022.
(B) No charitable organization that conducts electronic instant bingo shall do any of the following:
(1) Possess an electronic instant bingo system that was not obtained in accordance with this chapter or with any rule adopted under this chapter;
(2) Conduct electronic instant bingo on any day, at any time, or on any premises not specified on the organization’s type II or type III license issued under section 2915.08 of the Revised Code;
(3) Hold more than one valid license to conduct electronic instant bingo at any one time;
(4) Conduct electronic instant bingo on more than one premises or on any premises other than the charitable organization’s principal place of business;
(5) Operate more than ten electronic bingo systems at the premises on which the charitable organization conducts electronic instant bingo under its license;
(6) Fail to display both of the following conspicuously at the premises on which the charitable organization conducts electronic instant bingo:
(a) The charitable organization’s bingo license;
(b) The serial number of each deal of electronic instant bingo tickets being sold.
(7) Permit any person the charitable organization knows, or should have known, to be under eighteen years of age to play electronic instant bingo;
(8) Sell or provide to any person an electronic instant bingo ticket for a price different from the price displayed on the game flare for that deal, except that the charitable organization may give a participant who wins an electronic instant bingo game an electronic instant bingo ticket as a prize in place of a cash prize;
(9) Fail, once an electronic instant bingo deal is begun, to continue to sell tickets in that deal until all prizes have been awarded;
(10) Permit any person whom the organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of electronic instant bingo;
(11) Permit a bingo game operator to play electronic instant bingo;
(12)(a) Except as otherwise provided in division (B)(12)(b) of this section, pay compensation to a bingo game operator for conducting electronic instant bingo.
(b) Division (B)(12)(a) of this section does not prohibit an employee of a veteran’s organization or fraternal organization from redeeming electronic instant bingo tickets or vouchers for the organization’s members or invited guests, so long as no portion of the employee’s compensation is paid from any bingo receipts.
(13) Pay consulting fees to any person in relation to electronic instant bingo.
(C) No person shall sell, offer to sell, or otherwise provide or offer to provide an electronic instant bingo system to any person for use in this state unless the electronic instant bingo system has been approved under section 2915.15 of the Revised Code.
(D) The attorney general shall adopt rules under Chapter 119 of the Revised Code to ensure the integrity of electronic instant bingo, including, but not limited to, rules governing all of the following:
(1) The requirements to receive a license or endorsement to conduct electronic instant bingo;
(2) The location and number of electronic instant bingo systems in use, which shall not exceed ten at the single licensed location per organization;
(3) The times when electronic instant bingo may be offered;
(4) Signage requirements in facilities where electronic instant bingo is offered;
(5) Electronic instant bingo device and system specifications, including reveal features and game themes;
(6) Procedures and standards for the review, approval, inspection, and monitoring of electronic instant bingo systems, as described in section 2915.15 of the Revised Code;
(7) Procedures and standards for the review and approval of any changes to technology, systems, or games licensed or permitted under this chapter;
(8) The fees to be charged under section 2915.15 of the Revised Code for review, approval, inspection, and monitoring of electronic instant bingo systems;
(9) Procedures allowing the attorney general to seek a summary suspension of a license to conduct electronic instant bingo or a license to manufacture or distribute electronic instant bingo systems if the attorney general has good cause to believe that the person or organization licensed to conduct electronic instant bingo, or the person or organization licensed to manufacture or distribute electronic instant bingo systems, or any of the organization’s employees, officers, directors, agents, representatives, or partners, has violated this chapter or a rule adopted under this chapter.
(E) Whoever knowingly violates division (A), (B), or (C) of this section or a rule adopted under division (D) of this section is guilty of illegal electronic instant bingo conduct. Illegal electronic instant bingo conduct is a misdemeanor of the first degree, except that if the offender previously has been convicted of a violation of division (A) or (B) of this section or of a rule adopted under division (D) of this section, illegal instant bingo conduct is a felony of the fifth degree.
Last updated September 9, 2021 at 12:22 PM