Bill Text: OH HB165 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To exclude property taxes and assessments from the calculation of net profit from the proceeds of the sale of instant bingo for veterans, fraternal, and sporting organizations and to clarify that no charitable organization is required to pay property taxes on a premises leased from another person to conduct bingo.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-22 - To Ways & Means [HB165 Detail]
Download: Ohio-2011-HB165-Introduced.html
|
|
Representatives Goodwin, Lundy
| To amend section 2915.01 and 2915.09 of the Revised | 1 |
| Code to exclude property taxes and assessments | 2 |
| from the calculation of net profit from the | 3 |
| proceeds of the sale of instant bingo for | 4 |
| veterans, fraternal, and sporting organizations | 5 |
| and to clarify that no charitable organization is | 6 |
| required to pay property taxes on a premises | 7 |
| leased from another person to conduct bingo. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2915.01 and 2915.09 of the Revised | 9 |
| Code be amended to read as follows: | 10 |
| Sec. 2915.01. As used in this chapter: | 11 |
| (A) "Bookmaking" means the business of receiving or paying | 12 |
| off bets. | 13 |
| (B) "Bet" means the hazarding of anything of value upon the | 14 |
| result of an event, undertaking, or contingency, but does not | 15 |
| include a bona fide business risk. | 16 |
| (C) "Scheme of chance" means a slot machine, lottery, numbers | 17 |
| game, pool conducted for profit, or other scheme in which a | 18 |
| participant gives a valuable consideration for a chance to win a | 19 |
| prize, but does not include bingo, a skill-based amusement | 20 |
| machine, or a pool not conducted for profit. | 21 |
| (D) "Game of chance" means poker, craps, roulette, or other | 22 |
| game in which a player gives anything of value in the hope of | 23 |
| gain, the outcome of which is determined largely by chance, but | 24 |
| does not include bingo. | 25 |
| (E) "Game of chance conducted for profit" means any game of | 26 |
| chance designed to produce income for the person who conducts or | 27 |
| operates the game of chance, but does not include bingo. | 28 |
| (F) "Gambling device" means any of the following: | 29 |
| (1) A book, totalizer, or other equipment for recording bets; | 30 |
| (2) A ticket, token, or other device representing a chance, | 31 |
| share, or interest in a scheme of chance or evidencing a bet; | 32 |
| (3) A deck of cards, dice, gaming table, roulette wheel, slot | 33 |
| machine, or other apparatus designed for use in connection with a | 34 |
| game of chance; | 35 |
| (4) Any equipment, device, apparatus, or paraphernalia | 36 |
| specially designed for gambling purposes; | 37 |
| (5) Bingo supplies sold or otherwise provided, or used, in | 38 |
| violation of this chapter. | 39 |
| (G) "Gambling offense" means any of the following: | 40 |
| (1) A violation of section 2915.02, 2915.03, 2915.04, | 41 |
| 2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 42 |
| 2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 43 |
| (2) A violation of an existing or former municipal ordinance | 44 |
| or law of this or any other state or the United States | 45 |
| substantially equivalent to any section listed in division (G)(1) | 46 |
| of this section or a violation of section 2915.06 of the Revised | 47 |
| Code as it existed prior to July 1, 1996; | 48 |
| (3) An offense under an existing or former municipal | 49 |
| ordinance or law of this or any other state or the United States, | 50 |
| of which gambling is an element; | 51 |
| (4) A conspiracy or attempt to commit, or complicity in | 52 |
| committing, any offense under division (G)(1), (2), or (3) of this | 53 |
| section. | 54 |
| (H) Except as otherwise provided in this chapter, "charitable | 55 |
| organization" means any tax exempt religious, educational, | 56 |
| veteran's, fraternal, sporting, service, nonprofit medical, | 57 |
| volunteer rescue service, volunteer firefighter's, senior | 58 |
| citizen's, historic railroad educational, youth athletic, amateur | 59 |
| athletic, or youth athletic park organization. An organization is | 60 |
| tax exempt if the organization is, and has received from the | 61 |
| internal revenue service a determination letter that currently is | 62 |
| in effect stating that the organization is, exempt from federal | 63 |
| income taxation under subsection 501(a) and described in | 64 |
| subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 65 |
| 501(c)(19) of the Internal Revenue Code, or if the organization is | 66 |
| a sporting organization that is exempt from federal income | 67 |
| taxation under subsection 501(a) and is described in subsection | 68 |
| 501(c)(7) of the Internal Revenue Code. To qualify as a charitable | 69 |
| organization, an organization, except a volunteer rescue service | 70 |
| or volunteer firefighter's organization, shall have been in | 71 |
| continuous existence as such in this state for a period of two | 72 |
| years immediately preceding either the making of an application | 73 |
| for a bingo license under section 2915.08 of the Revised Code or | 74 |
| the conducting of any game of chance as provided in division (D) | 75 |
| of section 2915.02 of the Revised Code. A charitable organization | 76 |
| that is exempt from federal income taxation under subsection | 77 |
| 501(a) and described in subsection 501(c)(3) of the Internal | 78 |
| Revenue Code and that is created by a veteran's organization, a | 79 |
| fraternal organization, or a sporting organization does not have | 80 |
| to have been in continuous existence as such in this state for a | 81 |
| period of two years immediately preceding either the making of an | 82 |
| application for a bingo license under section 2915.08 of the | 83 |
| Revised Code or the conducting of any game of chance as provided | 84 |
| in division (D) of section 2915.02 of the Revised Code. | 85 |
| (I) "Religious organization" means any church, body of | 86 |
| communicants, or group that is not organized or operated for | 87 |
| profit and that gathers in common membership for regular worship | 88 |
| and religious observances. | 89 |
| (J) "Educational organization" means any organization within | 90 |
| this state that is not organized for profit, the primary purpose | 91 |
| of which is to educate and develop the capabilities of individuals | 92 |
| through instruction by means of operating or contributing to the | 93 |
| support of a school, academy, college, or university. | 94 |
| (K) "Veteran's organization" means any individual post or | 95 |
| state headquarters of a national veteran's association or an | 96 |
| auxiliary unit of any individual post of a national veteran's | 97 |
| association, which post, state headquarters, or auxiliary unit is | 98 |
| incorporated as a nonprofit corporation and either has received a | 99 |
| letter from the state headquarters of the national veteran's | 100 |
| association indicating that the individual post or auxiliary unit | 101 |
| is in good standing with the national veteran's association or has | 102 |
| received a letter from the national veteran's association | 103 |
| indicating that the state headquarters is in good standing with | 104 |
| the national veteran's association. As used in this division, | 105 |
| "national veteran's association" means any veteran's association | 106 |
| that has been in continuous existence as such for a period of at | 107 |
| least five years and either is incorporated by an act of the | 108 |
| United States congress or has a national dues-paying membership of | 109 |
| at least five thousand persons. | 110 |
| (L) "Volunteer firefighter's organization" means any | 111 |
| organization of volunteer firefighters, as defined in section | 112 |
| 146.01 of the Revised Code, that is organized and operated | 113 |
| exclusively to provide financial support for a volunteer fire | 114 |
| department or a volunteer fire company and that is recognized or | 115 |
| ratified by a county, municipal corporation, or township. | 116 |
| (M) "Fraternal organization" means any society, order, state | 117 |
| headquarters, or association within this state, except a college | 118 |
| or high school fraternity, that is not organized for profit, that | 119 |
| is a branch, lodge, or chapter of a national or state | 120 |
| organization, that exists exclusively for the common business or | 121 |
| sodality of its members. | 122 |
| (N) "Volunteer rescue service organization" means any | 123 |
| organization of volunteers organized to function as an emergency | 124 |
| medical service organization, as defined in section 4765.01 of the | 125 |
| Revised Code. | 126 |
| (O) "Service organization" means either of the following: | 127 |
| (1) Any organization, not organized for profit, that is | 128 |
| organized and operated exclusively to provide, or to contribute to | 129 |
| the support of organizations or institutions organized and | 130 |
| operated exclusively to provide, medical and therapeutic services | 131 |
| for persons who are crippled, born with birth defects, or have any | 132 |
| other mental or physical defect or those organized and operated | 133 |
| exclusively to protect, or to contribute to the support of | 134 |
| organizations or institutions organized and operated exclusively | 135 |
| to protect, animals from inhumane treatment or provide immediate | 136 |
| shelter to victims of domestic violence; | 137 |
| (2) Any organization that is described in subsection | 138 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 139 |
| and is either a governmental unit or an organization that is tax | 140 |
| exempt under subsection 501(a) and described in subsection | 141 |
| 501(c)(3) of the Internal Revenue Code and that is an | 142 |
| organization, not organized for profit, that is organized and | 143 |
| operated primarily to provide, or to contribute to the support of | 144 |
| organizations or institutions organized and operated primarily to | 145 |
| provide, medical and therapeutic services for persons who are | 146 |
| crippled, born with birth defects, or have any other mental or | 147 |
| physical defect. | 148 |
| (P) "Nonprofit medical organization" means either of the | 149 |
| following: | 150 |
| (1) Any organization that has been incorporated as a | 151 |
| nonprofit corporation for at least five years and that has | 152 |
| continuously operated and will be operated exclusively to provide, | 153 |
| or to contribute to the support of organizations or institutions | 154 |
| organized and operated exclusively to provide, hospital, medical, | 155 |
| research, or therapeutic services for the public; | 156 |
| (2) Any organization that is described and qualified under | 157 |
| subsection 501(c)(3) of the Internal Revenue Code, that has been | 158 |
| incorporated as a nonprofit corporation for at least five years, | 159 |
| and that has continuously operated and will be operated primarily | 160 |
| to provide, or to contribute to the support of organizations or | 161 |
| institutions organized and operated primarily to provide, | 162 |
| hospital, medical, research, or therapeutic services for the | 163 |
| public. | 164 |
| (Q) "Senior citizen's organization" means any private | 165 |
| organization, not organized for profit, that is organized and | 166 |
| operated exclusively to provide recreational or social services | 167 |
| for persons who are fifty-five years of age or older and that is | 168 |
| described and qualified under subsection 501(c)(3) of the Internal | 169 |
| Revenue Code. | 170 |
| (R) "Charitable bingo game" means any bingo game described in | 171 |
| division (S)(1) or (2) of this section that is conducted by a | 172 |
| charitable organization that has obtained a license pursuant to | 173 |
| section 2915.08 of the Revised Code and the proceeds of which are | 174 |
| used for a charitable purpose. | 175 |
| (S) "Bingo" means either of the following: | 176 |
| (1) A game with all of the following characteristics: | 177 |
| (a) The participants use bingo cards or sheets, including | 178 |
| paper formats and electronic representation or image formats, that | 179 |
| are divided into twenty-five spaces arranged in five horizontal | 180 |
| and five vertical rows of spaces, with each space, except the | 181 |
| central space, being designated by a combination of a letter and a | 182 |
| number and with the central space being designated as a free | 183 |
| space. | 184 |
| (b) The participants cover the spaces on the bingo cards or | 185 |
| sheets that correspond to combinations of letters and numbers that | 186 |
| are announced by a bingo game operator. | 187 |
| (c) A bingo game operator announces combinations of letters | 188 |
| and numbers that appear on objects that a bingo game operator | 189 |
| selects by chance, either manually or mechanically, from a | 190 |
| receptacle that contains seventy-five objects at the beginning of | 191 |
| each game, each object marked by a different combination of a | 192 |
| letter and a number that corresponds to one of the seventy-five | 193 |
| possible combinations of a letter and a number that can appear on | 194 |
| the bingo cards or sheets. | 195 |
| (d) The winner of the bingo game includes any participant who | 196 |
| properly announces during the interval between the announcements | 197 |
| of letters and numbers as described in division (S)(1)(c) of this | 198 |
| section, that a predetermined and preannounced pattern of spaces | 199 |
| has been covered on a bingo card or sheet being used by the | 200 |
| participant. | 201 |
| (2) Instant bingo, punch boards, and raffles. | 202 |
| (T) "Conduct" means to back, promote, organize, manage, carry | 203 |
| on, sponsor, or prepare for the operation of bingo or a game of | 204 |
| chance. | 205 |
| (U) "Bingo game operator" means any person, except security | 206 |
| personnel, who performs work or labor at the site of bingo, | 207 |
| including, but not limited to, collecting money from participants, | 208 |
| handing out bingo cards or sheets or objects to cover spaces on | 209 |
| bingo cards or sheets, selecting from a receptacle the objects | 210 |
| that contain the combination of letters and numbers that appear on | 211 |
| bingo cards or sheets, calling out the combinations of letters and | 212 |
| numbers, distributing prizes, selling or redeeming instant bingo | 213 |
| tickets or cards, supervising the operation of a punch board, | 214 |
| selling raffle tickets, selecting raffle tickets from a receptacle | 215 |
| and announcing the winning numbers in a raffle, and preparing, | 216 |
| selling, and serving food or beverages. | 217 |
| (V) "Participant" means any person who plays bingo. | 218 |
| (W) "Bingo session" means a period that includes both of the | 219 |
| following: | 220 |
| (1) Not to exceed five continuous hours for the conduct of | 221 |
| one or more games described in division (S)(1) of this section, | 222 |
| instant bingo, and seal cards; | 223 |
| (2) A period for the conduct of instant bingo and seal cards | 224 |
| for not more than two hours before and not more than two hours | 225 |
| after the period described in division (W)(1) of this section. | 226 |
| (X) "Gross receipts" means all money or assets, including | 227 |
| admission fees, that a person receives from bingo without the | 228 |
| deduction of any amounts for prizes paid out or for the expenses | 229 |
| of conducting bingo. "Gross receipts" does not include any money | 230 |
| directly taken in from the sale of food or beverages by a | 231 |
| charitable organization conducting bingo, or by a bona fide | 232 |
| auxiliary unit or society of a charitable organization conducting | 233 |
| bingo, provided all of the following apply: | 234 |
| (1) The auxiliary unit or society has been in existence as a | 235 |
| bona fide auxiliary unit or society of the charitable organization | 236 |
| for at least two years prior to conducting bingo. | 237 |
| (2) The person who purchases the food or beverage receives | 238 |
| nothing of value except the food or beverage and items customarily | 239 |
| received with the purchase of that food or beverage. | 240 |
| (3) The food and beverages are sold at customary and | 241 |
| reasonable prices. | 242 |
| (Y) "Security personnel" includes any person who either is a | 243 |
| sheriff, deputy sheriff, marshal, deputy marshal, township | 244 |
| constable, or member of an organized police department of a | 245 |
| municipal corporation or has successfully completed a peace | 246 |
| officer's training course pursuant to sections 109.71 to 109.79 of | 247 |
| the Revised Code and who is hired to provide security for the | 248 |
| premises on which bingo is conducted. | 249 |
| (Z) "Charitable purpose" means that the net profit of bingo, | 250 |
| other than instant bingo, is used by, or is given, donated, or | 251 |
| otherwise transferred to, any of the following: | 252 |
| (1) Any organization that is described in subsection | 253 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 254 |
| and is either a governmental unit or an organization that is tax | 255 |
| exempt under subsection 501(a) and described in subsection | 256 |
| 501(c)(3) of the Internal Revenue Code; | 257 |
| (2) A veteran's organization that is a post, chapter, or | 258 |
| organization of veterans, or an auxiliary unit or society of, or a | 259 |
| trust or foundation for, any such post, chapter, or organization | 260 |
| organized in the United States or any of its possessions, at least | 261 |
| seventy-five per cent of the members of which are veterans and | 262 |
| substantially all of the other members of which are individuals | 263 |
| who are spouses, widows, or widowers of veterans, or such | 264 |
| individuals, provided that no part of the net earnings of such | 265 |
| post, chapter, or organization inures to the benefit of any | 266 |
| private shareholder or individual, and further provided that the | 267 |
| net profit is used by the post, chapter, or organization for the | 268 |
| charitable purposes set forth in division (B)(12) of section | 269 |
| 5739.02 of the Revised Code, is used for awarding scholarships to | 270 |
| or for attendance at an institution mentioned in division (B)(12) | 271 |
| of section 5739.02 of the Revised Code, is donated to a | 272 |
| governmental agency, or is used for nonprofit youth activities, | 273 |
| the purchase of United States or Ohio flags that are donated to | 274 |
| schools, youth groups, or other bona fide nonprofit organizations, | 275 |
| promotion of patriotism, or disaster relief; | 276 |
| (3) A fraternal organization that has been in continuous | 277 |
| existence in this state for fifteen years and that uses the net | 278 |
| profit exclusively for religious, charitable, scientific, | 279 |
| literary, or educational purposes, or for the prevention of | 280 |
| cruelty to children or animals, if contributions for such use | 281 |
| would qualify as a deductible charitable contribution under | 282 |
| subsection 170 of the Internal Revenue Code; | 283 |
| (4) A volunteer firefighter's organization that uses the net | 284 |
| profit for the purposes set forth in division (L) of this section. | 285 |
| (AA) "Internal Revenue Code" means the "Internal Revenue Code | 286 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 287 |
| amended. | 288 |
| (BB) "Youth athletic organization" means any organization, | 289 |
| not organized for profit, that is organized and operated | 290 |
| exclusively to provide financial support to, or to operate, | 291 |
| athletic activities for persons who are twenty-one years of age or | 292 |
| younger by means of sponsoring, organizing, operating, or | 293 |
| contributing to the support of an athletic team, club, league, or | 294 |
| association. | 295 |
| (CC) "Youth athletic park organization" means any | 296 |
| organization, not organized for profit, that satisfies both of the | 297 |
| following: | 298 |
| (1) It owns, operates, and maintains playing fields that | 299 |
| satisfy both of the following: | 300 |
| (a) The playing fields are used at least one hundred days per | 301 |
| year for athletic activities by one or more organizations, not | 302 |
| organized for profit, each of which is organized and operated | 303 |
| exclusively to provide financial support to, or to operate, | 304 |
| athletic activities for persons who are eighteen years of age or | 305 |
| younger by means of sponsoring, organizing, operating, or | 306 |
| contributing to the support of an athletic team, club, league, or | 307 |
| association. | 308 |
| (b) The playing fields are not used for any profit-making | 309 |
| activity at any time during the year. | 310 |
| (2) It uses the proceeds of bingo it conducts exclusively for | 311 |
| the operation, maintenance, and improvement of its playing fields | 312 |
| of the type described in division (CC)(1) of this section. | 313 |
| (DD) "Amateur athletic organization" means any organization, | 314 |
| not organized for profit, that is organized and operated | 315 |
| exclusively to provide financial support to, or to operate, | 316 |
| athletic activities for persons who are training for amateur | 317 |
| athletic competition that is sanctioned by a national governing | 318 |
| body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 319 |
| 3045, 36 U.S.C.A. 373. | 320 |
| (EE) "Bingo supplies" means bingo cards or sheets; instant | 321 |
| bingo tickets or cards; electronic bingo aids; raffle tickets; | 322 |
| punch boards; seal cards; instant bingo ticket dispensers; and | 323 |
| devices for selecting or displaying the combination of bingo | 324 |
| letters and numbers or raffle tickets. Items that are "bingo | 325 |
| supplies" are not gambling devices if sold or otherwise provided, | 326 |
| and used, in accordance with this chapter. For purposes of this | 327 |
| chapter, "bingo supplies" are not to be considered equipment used | 328 |
| to conduct a bingo game. | 329 |
| (FF) "Instant bingo" means a form of bingo that uses folded | 330 |
| or banded tickets or paper cards with perforated break-open tabs, | 331 |
| a face of which is covered or otherwise hidden from view to | 332 |
| conceal a number, letter, or symbol, or set of numbers, letters, | 333 |
| or symbols, some of which have been designated in advance as prize | 334 |
| winners. "Instant bingo" includes seal cards. "Instant bingo" does | 335 |
| not include any device that is activated by the insertion of a | 336 |
| coin, currency, token, or an equivalent, and that contains as one | 337 |
| of its components a video display monitor that is capable of | 338 |
| displaying numbers, letters, symbols, or characters in winning or | 339 |
| losing combinations. | 340 |
| (GG) "Seal card" means a form of instant bingo that uses | 341 |
| instant bingo tickets in conjunction with a board or placard that | 342 |
| contains one or more seals that, when removed or opened, reveal | 343 |
| predesignated winning numbers, letters, or symbols. | 344 |
| (HH) "Raffle" means a form of bingo in which the one or more | 345 |
| prizes are won by one or more persons who have purchased a raffle | 346 |
| ticket. The one or more winners of the raffle are determined by | 347 |
| drawing a ticket stub or other detachable section from a | 348 |
| receptacle containing ticket stubs or detachable sections | 349 |
| corresponding to all tickets sold for the raffle. "Raffle" does | 350 |
| not include the drawing of a ticket stub or other detachable | 351 |
| section of a ticket purchased to attend a professional sporting | 352 |
| event if both of the following apply: | 353 |
| (1) The ticket stub or other detachable section is used to | 354 |
| select the winner of a free prize given away at the professional | 355 |
| sporting event; and | 356 |
| (2) The cost of the ticket is the same as the cost of a | 357 |
| ticket to the professional sporting event on days when no free | 358 |
| prize is given away. | 359 |
| (II) "Punch board" means a board containing a number of holes | 360 |
| or receptacles of uniform size in which are placed, mechanically | 361 |
| and randomly, serially numbered slips of paper that may be punched | 362 |
| or drawn from the hole or receptacle when used in conjunction with | 363 |
| instant bingo. A player may punch or draw the numbered slips of | 364 |
| paper from the holes or receptacles and obtain the prize | 365 |
| established for the game if the number drawn corresponds to a | 366 |
| winning number or, if the punch board includes the use of a seal | 367 |
| card, a potential winning number. | 368 |
| (JJ) "Gross profit" means gross receipts minus the amount | 369 |
| actually expended for the payment of prize awards. | 370 |
| (KK) "Net profit" means gross profit minus expenses. | 371 |
| (LL) "Expenses" means the reasonable amount of gross profit | 372 |
| actually expended for all of the following: | 373 |
| (1) The purchase or lease of bingo supplies; | 374 |
| (2) The annual license fee required under section 2915.08 of | 375 |
| the Revised Code; | 376 |
| (3) Bank fees and service charges for a bingo session or game | 377 |
| account described in section 2915.10 of the Revised Code; | 378 |
| (4) Audits and accounting services; | 379 |
| (5) Safes; | 380 |
| (6) Cash registers; | 381 |
| (7) Hiring security personnel; | 382 |
| (8) Advertising bingo; | 383 |
| (9) Renting premises in which to conduct a bingo session; | 384 |
| (10) Tables and chairs; | 385 |
| (11) Expenses for maintaining and operating a charitable | 386 |
| organization's facilities, including, but not limited to, a post | 387 |
| home, club house, lounge, tavern, or canteen and any grounds | 388 |
| attached to the post home, club house, lounge, tavern, or canteen; | 389 |
| (12) Payment of real property taxes and assessments that are | 390 |
| levied on a premises on which bingo is conducted; | 391 |
| (13) Any other product or service directly related to the | 392 |
| conduct of bingo that is authorized in rules adopted by the | 393 |
| attorney general under division (B)(1) of section 2915.08 of the | 394 |
| Revised Code. | 395 |
| (MM) "Person" has the same meaning as in section 1.59 of the | 396 |
| Revised Code and includes any firm or any other legal entity, | 397 |
| however organized. | 398 |
| (NN) "Revoke" means to void permanently all rights and | 399 |
| privileges of the holder of a license issued under section | 400 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 401 |
| gaming license issued by another jurisdiction. | 402 |
| (OO) "Suspend" means to interrupt temporarily all rights and | 403 |
| privileges of the holder of a license issued under section | 404 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 405 |
| gaming license issued by another jurisdiction. | 406 |
| (PP) "Distributor" means any person who purchases or obtains | 407 |
| bingo supplies and who does either of the following: | 408 |
| (1) Sells, offers for sale, or otherwise provides or offers | 409 |
| to provide the bingo supplies to another person for use in this | 410 |
| state; | 411 |
| (2) Modifies, converts, adds to, or removes parts from the | 412 |
| bingo supplies to further their promotion or sale for use in this | 413 |
| state. | 414 |
| (QQ) "Manufacturer" means any person who assembles completed | 415 |
| bingo supplies from raw materials, other items, or subparts or who | 416 |
| modifies, converts, adds to, or removes parts from bingo supplies | 417 |
| to further their promotion or sale. | 418 |
| (RR) "Gross annual revenues" means the annual gross receipts | 419 |
| derived from the conduct of bingo described in division (S)(1) of | 420 |
| this section plus the annual net profit derived from the conduct | 421 |
| of bingo described in division (S)(2) of this section. | 422 |
| (SS) "Instant bingo ticket dispenser" means a mechanical | 423 |
| device that dispenses an instant bingo ticket or card as the sole | 424 |
| item of value dispensed and that has the following | 425 |
| characteristics: | 426 |
| (1) It is activated upon the insertion of United States | 427 |
| currency. | 428 |
| (2) It performs no gaming functions. | 429 |
| (3) It does not contain a video display monitor or generate | 430 |
| noise. | 431 |
| (4) It is not capable of displaying any numbers, letters, | 432 |
| symbols, or characters in winning or losing combinations. | 433 |
| (5) It does not simulate or display rolling or spinning | 434 |
| reels. | 435 |
| (6) It is incapable of determining whether a dispensed bingo | 436 |
| ticket or card is a winning or nonwinning ticket or card and | 437 |
| requires a winning ticket or card to be paid by a bingo game | 438 |
| operator. | 439 |
| (7) It may provide accounting and security features to aid in | 440 |
| accounting for the instant bingo tickets or cards it dispenses. | 441 |
| (8) It is not part of an electronic network and is not | 442 |
| interactive. | 443 |
| (TT)(1) "Electronic bingo aid" means an electronic device | 444 |
| used by a participant to monitor bingo cards or sheets purchased | 445 |
| at the time and place of a bingo session and that does all of the | 446 |
| following: | 447 |
| (a) It provides a means for a participant to input numbers | 448 |
| and letters announced by a bingo caller. | 449 |
| (b) It compares the numbers and letters entered by the | 450 |
| participant to the bingo faces previously stored in the memory of | 451 |
| the device. | 452 |
| (c) It identifies a winning bingo pattern. | 453 |
| (2) "Electronic bingo aid" does not include any device into | 454 |
| which a coin, currency, token, or an equivalent is inserted to | 455 |
| activate play. | 456 |
| (UU) "Deal of instant bingo tickets" means a single game of | 457 |
| instant bingo tickets all with the same serial number. | 458 |
| (VV)(1) "Slot machine" means either of the following: | 459 |
| (a) Any mechanical, electronic, video, or digital device that | 460 |
| is capable of accepting anything of value, directly or indirectly, | 461 |
| from or on behalf of a player who gives the thing of value in the | 462 |
| hope of gain; | 463 |
| (b) Any mechanical, electronic, video, or digital device that | 464 |
| is capable of accepting anything of value, directly or indirectly, | 465 |
| from or on behalf of a player to conduct bingo or a scheme or game | 466 |
| of chance. | 467 |
| (2) "Slot machine" does not include a skill-based amusement | 468 |
| machine or an instant bingo ticket dispenser. | 469 |
| (WW) "Net profit from the proceeds of the sale of instant | 470 |
| bingo" means gross profit minus the ordinary, necessary, and | 471 |
| reasonable expense expended for the purchase of instant bingo | 472 |
| supplies, and, for instant bingo conducted by a veterans, | 473 |
| fraternal, or sporting organization, the payment by that | 474 |
| organization of real property taxes and assessments levied on a | 475 |
| premises on which instant bingo is conducted. | 476 |
| (XX) "Charitable instant bingo organization" means an | 477 |
| organization that is exempt from federal income taxation under | 478 |
| subsection 501(a) and described in subsection 501(c)(3) of the | 479 |
| Internal Revenue Code and is a charitable organization as defined | 480 |
| in this section. A "charitable instant bingo organization" does | 481 |
| not include a charitable organization that is exempt from federal | 482 |
| income taxation under subsection 501(a) and described in | 483 |
| subsection 501(c)(3) of the Internal Revenue Code and that is | 484 |
| created by a veteran's organization, a fraternal organization, or | 485 |
| a sporting organization in regards to bingo conducted or assisted | 486 |
| by a veteran's organization, a fraternal organization, or a | 487 |
| sporting organization pursuant to section 2915.13 of the Revised | 488 |
| Code. | 489 |
| (YY) "Game flare" means the board or placard that accompanies | 490 |
| each deal of instant bingo tickets and that has printed on or | 491 |
| affixed to it the following information for the game: | 492 |
| (1) The name of the game; | 493 |
| (2) The manufacturer's name or distinctive logo; | 494 |
| (3) The form number; | 495 |
| (4) The ticket count; | 496 |
| (5) The prize structure, including the number of winning | 497 |
| instant bingo tickets by denomination and the respective winning | 498 |
| symbol or number combinations for the winning instant bingo | 499 |
| tickets; | 500 |
| (6) The cost per play; | 501 |
| (7) The serial number of the game. | 502 |
| (ZZ) "Historic railroad educational organization" means an | 503 |
| organization that is exempt from federal income taxation under | 504 |
| subsection 501(a) and described in subsection 501(c)(3) of the | 505 |
| Internal Revenue Code, that owns in fee simple the tracks and the | 506 |
| right-of-way of a historic railroad that the organization restores | 507 |
| or maintains and on which the organization provides excursions as | 508 |
| part of a program to promote tourism and educate visitors | 509 |
| regarding the role of railroad transportation in Ohio history, and | 510 |
| that received as donations from a charitable organization that | 511 |
| holds a license to conduct bingo under this chapter an amount | 512 |
| equal to at least fifty per cent of that licensed charitable | 513 |
| organization's net proceeds from the conduct of bingo during each | 514 |
| of the five years preceding June 30, 2003. "Historic railroad" | 515 |
| means all or a portion of the tracks and right-of-way of a | 516 |
| railroad that was owned and operated by a for-profit common | 517 |
| carrier in this state at any time prior to January 1, 1950. | 518 |
| (AAA)(1) "Skill-based amusement machine" means a mechanical, | 519 |
| video, digital, or electronic device that rewards the player or | 520 |
| players, if at all, only with merchandise prizes or with | 521 |
| redeemable vouchers redeemable only for merchandise prizes, | 522 |
| provided that with respect to rewards for playing the game all of | 523 |
| the following apply: | 524 |
| (a) The wholesale value of a merchandise prize awarded as a | 525 |
| result of the single play of a machine does not exceed ten | 526 |
| dollars; | 527 |
| (b) Redeemable vouchers awarded for any single play of a | 528 |
| machine are not redeemable for a merchandise prize with a | 529 |
| wholesale value of more than ten dollars; | 530 |
| (c) Redeemable vouchers are not redeemable for a merchandise | 531 |
| prize that has a wholesale value of more than ten dollars times | 532 |
| the fewest number of single plays necessary to accrue the | 533 |
| redeemable vouchers required to obtain that prize; and | 534 |
| (d) Any redeemable vouchers or merchandise prizes are | 535 |
| distributed at the site of the skill-based amusement machine at | 536 |
| the time of play. | 537 |
| (2) A device shall not be considered a skill-based amusement | 538 |
| machine and shall be considered a slot machine if it pays cash or | 539 |
| one or more of the following apply: | 540 |
| (a) The ability of a player to succeed at the game is | 541 |
| impacted by the number or ratio of prior wins to prior losses of | 542 |
| players playing the game. | 543 |
| (b) Any reward of redeemable vouchers is not based solely on | 544 |
| the player achieving the object of the game or the player's score; | 545 |
| (c) The outcome of the game, or the value of the redeemable | 546 |
| voucher or merchandise prize awarded for winning the game, can be | 547 |
| controlled by a source other than any player playing the game. | 548 |
| (d) The success of any player is or may be determined by a | 549 |
| chance event that cannot be altered by player actions. | 550 |
| (e) The ability of any player to succeed at the game is | 551 |
| determined by game features not visible or known to the player. | 552 |
| (f) The ability of the player to succeed at the game is | 553 |
| impacted by the exercise of a skill that no reasonable player | 554 |
| could exercise. | 555 |
| (3) All of the following apply to any machine that is | 556 |
| operated as described in division (AAA)(1) of this section: | 557 |
| (a) As used in this section, "game" and "play" mean one event | 558 |
| from the initial activation of the machine until the results of | 559 |
| play are determined without payment of additional consideration. | 560 |
| An individual utilizing a machine that involves a single game, | 561 |
| play, contest, competition, or tournament may be awarded | 562 |
| redeemable vouchers or merchandise prizes based on the results of | 563 |
| play. | 564 |
| (b) Advance play for a single game, play, contest, | 565 |
| competition, or tournament participation may be purchased. The | 566 |
| cost of the contest, competition, or tournament participation may | 567 |
| be greater than a single noncontest, competition, or tournament | 568 |
| play. | 569 |
| (c) To the extent that the machine is used in a contest, | 570 |
| competition, or tournament, that contest, competition, or | 571 |
| tournament has a defined starting and ending date and is open to | 572 |
| participants in competition for scoring and ranking results toward | 573 |
| the awarding of redeemable vouchers or merchandise prizes that are | 574 |
| stated prior to the start of the contest, competition, or | 575 |
| tournament. | 576 |
| (4) For purposes of division (AAA)(1) of this section, the | 577 |
| mere presence of a device, such as a pin-setting, ball-releasing, | 578 |
| or scoring mechanism, that does not contribute to or affect the | 579 |
| outcome of the play of the game does not make the device a | 580 |
| skill-based amusement machine. | 581 |
| (BBB) "Merchandise prize" means any item of value, but shall | 582 |
| not include any of the following: | 583 |
| (1) Cash, gift cards, or any equivalent thereof; | 584 |
| (2) Plays on games of chance, state lottery tickets, bingo, | 585 |
| or instant bingo; | 586 |
| (3) Firearms, tobacco, or alcoholic beverages; or | 587 |
| (4) A redeemable voucher that is redeemable for any of the | 588 |
| items listed in division (BBB)(1), (2), or (3) of this section. | 589 |
| (CCC) "Redeemable voucher" means any ticket, token, coupon, | 590 |
| receipt, or other noncash representation of value. | 591 |
| (DDD) "Pool not conducted for profit" means a scheme in which | 592 |
| a participant gives a valuable consideration for a chance to win a | 593 |
| prize and the total amount of consideration wagered is distributed | 594 |
| to a participant or participants. | 595 |
| (EEE) "Sporting organization" means a hunting, fishing, or | 596 |
| trapping organization, other than a college or high school | 597 |
| fraternity or sorority, that is not organized for profit, that is | 598 |
| affiliated with a state or national sporting organization, | 599 |
| including but not limited to, the Ohio league of sportsmen, and | 600 |
| that has been in continuous existence in this state for a period | 601 |
| of three years. | 602 |
| (FFF) "Community action agency" has the same meaning as in | 603 |
| section 122.66 of the Revised Code. | 604 |
| Sec. 2915.09. (A) No charitable organization that conducts | 605 |
| bingo shall fail to do any of the following: | 606 |
| (1) Own all of the equipment used to conduct bingo or lease | 607 |
| that equipment from a charitable organization that is licensed to | 608 |
| conduct bingo, or from the landlord of a premises where bingo is | 609 |
| conducted, for a rental rate that is not more than is customary | 610 |
| and reasonable for that equipment; | 611 |
| (2) Except as otherwise provided in division (A)(3) of this | 612 |
| section, use all of the gross receipts from bingo for paying | 613 |
| prizes, for reimbursement of expenses for or for renting premises | 614 |
| in which to conduct a bingo session, for reimbursement of expenses | 615 |
| for or for purchasing or leasing bingo supplies used in conducting | 616 |
| bingo, for reimbursement of expenses for or for hiring security | 617 |
| personnel, for reimbursement of expenses for or for advertising | 618 |
| bingo, or for reimbursement of other expenses or for other | 619 |
| expenses listed in division (LL) of section 2915.01 of the Revised | 620 |
| Code, provided that the amount of the receipts so spent is not | 621 |
| more than is customary and reasonable for a similar purchase, | 622 |
| lease, hiring, advertising, or expense. If the building in which | 623 |
| bingo is conducted is owned by the charitable organization | 624 |
| conducting bingo and the bingo conducted includes a form of bingo | 625 |
| described in division (S)(1) of section 2915.01 of the Revised | 626 |
| Code, the charitable organization may deduct from the total amount | 627 |
| of the gross receipts from each session a sum equal to the lesser | 628 |
| of six hundred dollars or forty-five per cent of the gross | 629 |
| receipts from the bingo described in that division as | 630 |
| consideration for the use of the premises. | 631 |
| (3) Use, or give, donate, or otherwise transfer, all of the | 632 |
| net profit derived from bingo, other than instant bingo, for a | 633 |
| charitable purpose listed in its license application and described | 634 |
| in division (Z) of section 2915.01 of the Revised Code, or | 635 |
| distribute all of the net profit from the proceeds of the sale of | 636 |
| instant bingo as stated in its license application and in | 637 |
| accordance with section 2915.101 of the Revised Code. | 638 |
| (B) No charitable organization that conducts a bingo game | 639 |
| described in division (S)(1) of section 2915.01 of the Revised | 640 |
| Code shall fail to do any of the following: | 641 |
| (1) Conduct the bingo game on premises that are owned by the | 642 |
| charitable organization, on premises that are owned by another | 643 |
| charitable organization and leased from that charitable | 644 |
| organization for a rental rate not in excess of the lesser of six | 645 |
| hundred dollars per bingo session or forty-five per cent of the | 646 |
| gross receipts of the bingo session, on premises that are leased | 647 |
| from a person other than a charitable organization for a rental | 648 |
| rate that is not more than is customary and reasonable for | 649 |
| premises that are similar in location, size, and quality but not | 650 |
| in excess of four hundred fifty dollars per bingo session, or on | 651 |
| premises that are owned by a person other than a charitable | 652 |
| organization, that are leased from that person by another | 653 |
| charitable organization, and that are subleased from that other | 654 |
| charitable organization by the charitable organization for a | 655 |
| rental rate not in excess of four hundred fifty dollars per bingo | 656 |
| session. No charitable organization is required to pay property | 657 |
| taxes or assessments on premises that the charitable organization | 658 |
| leases from another person to conduct bingo. If the charitable | 659 |
| organization leases from a person other than a charitable | 660 |
| organization the premises on which it conducts bingo sessions, the | 661 |
| lessor of the premises shall provide the premises to the | 662 |
| organization and shall not provide the organization with bingo | 663 |
| game operators, security personnel, concessions or concession | 664 |
| operators, bingo supplies, or any other type of service. A | 665 |
| charitable organization shall not lease or sublease premises that | 666 |
| it owns or leases to more than one other charitable organization | 667 |
| per calendar week for the purpose of conducting bingo sessions on | 668 |
| the premises. A person that is not a charitable organization shall | 669 |
| not lease premises that it owns, leases, or otherwise is empowered | 670 |
| to lease to more than three charitable organizations per calendar | 671 |
| week for conducting bingo sessions on the premises. In no case | 672 |
| shall more than nine bingo sessions be conducted on any premises | 673 |
| in any calendar week. | 674 |
| (2) Display its license conspicuously at the premises where | 675 |
| the bingo session is conducted; | 676 |
| (3) Conduct the bingo session in accordance with the | 677 |
| definition of bingo set forth in division (S)(1) of section | 678 |
| 2915.01 of the Revised Code. | 679 |
| (C) No charitable organization that conducts a bingo game | 680 |
| described in division (S)(1) of section 2915.01 of the Revised | 681 |
| Code shall do any of the following: | 682 |
| (1) Pay any compensation to a bingo game operator for | 683 |
| operating a bingo session that is conducted by the charitable | 684 |
| organization or for preparing, selling, or serving food or | 685 |
| beverages at the site of the bingo session, permit any auxiliary | 686 |
| unit or society of the charitable organization to pay compensation | 687 |
| to any bingo game operator who prepares, sells, or serves food or | 688 |
| beverages at a bingo session conducted by the charitable | 689 |
| organization, or permit any auxiliary unit or society of the | 690 |
| charitable organization to prepare, sell, or serve food or | 691 |
| beverages at a bingo session conducted by the charitable | 692 |
| organization, if the auxiliary unit or society pays any | 693 |
| compensation to the bingo game operators who prepare, sell, or | 694 |
| serve the food or beverages; | 695 |
| (2) Pay consulting fees to any person for any services | 696 |
| performed in relation to the bingo session; | 697 |
| (3) Pay concession fees to any person who provides | 698 |
| refreshments to the participants in the bingo session; | 699 |
| (4) Except as otherwise provided in division (C)(4) of this | 700 |
| section, conduct more than three bingo sessions in any seven-day | 701 |
| period. A volunteer firefighter's organization or a volunteer | 702 |
| rescue service organization that conducts not more than five bingo | 703 |
| sessions in a calendar year may conduct more than three bingo | 704 |
| sessions in a seven-day period after notifying the attorney | 705 |
| general when it will conduct the sessions. | 706 |
| (5) Pay out more than six thousand dollars in prizes for | 707 |
| bingo games described in division (S)(1) of section 2915.01 of the | 708 |
| Revised Code during any bingo session that is conducted by the | 709 |
| charitable organization. "Prizes" does not include awards from the | 710 |
| conduct of instant bingo. | 711 |
| (6) Conduct a bingo session at any time during the ten-hour | 712 |
| period between midnight and ten a.m., at any time during, or | 713 |
| within ten hours of, a bingo game conducted for amusement only | 714 |
| pursuant to section 2915.12 of the Revised Code, at any premises | 715 |
| not specified on its license, or on any day of the week or during | 716 |
| any time period not specified on its license. Division (A)(6) of | 717 |
| this section does not prohibit the sale of instant bingo tickets | 718 |
| beginning at nine a.m. for a bingo session that begins at ten a.m. | 719 |
| If circumstances make it impractical for the charitable | 720 |
| organization to conduct a bingo session at the premises, or on the | 721 |
| day of the week or at the time, specified on its license or if a | 722 |
| charitable organization wants to conduct bingo sessions on a day | 723 |
| of the week or at a time other than the day or time specified on | 724 |
| its license, the charitable organization may apply in writing to | 725 |
| the attorney general for an amended license pursuant to division | 726 |
| (F) of section 2915.08 of the Revised Code. A charitable | 727 |
| organization may apply twice in each calendar year for an amended | 728 |
| license to conduct bingo sessions on a day of the week or at a | 729 |
| time other than the day or time specified on its license. If the | 730 |
| amended license is granted, the organization may conduct bingo | 731 |
| sessions at the premises, on the day of the week, and at the time | 732 |
| specified on its amended license. | 733 |
| (7) Permit any person whom the charitable organization knows, | 734 |
| or should have known, is under the age of eighteen to work as a | 735 |
| bingo game operator; | 736 |
| (8) Permit any person whom the charitable organization knows, | 737 |
| or should have known, has been convicted of a felony or gambling | 738 |
| offense in any jurisdiction to be a bingo game operator; | 739 |
| (9) Permit the lessor of the premises on which the bingo | 740 |
| session is conducted, if the lessor is not a charitable | 741 |
| organization, to provide the charitable organization with bingo | 742 |
| game operators, security personnel, concessions, bingo supplies, | 743 |
| or any other type of service; | 744 |
| (10) Purchase or lease bingo supplies from any person except | 745 |
| a distributor issued a license under section 2915.081 of the | 746 |
| Revised Code; | 747 |
| (11)(a) Use or permit the use of electronic bingo aids except | 748 |
| under the following circumstances: | 749 |
| (i) For any single participant, not more than ninety bingo | 750 |
| faces can be played using an electronic bingo aid or aids. | 751 |
| (ii) The charitable organization shall provide a participant | 752 |
| using an electronic bingo aid with corresponding paper bingo cards | 753 |
| or sheets. | 754 |
| (iii) The total price of bingo faces played with an | 755 |
| electronic bingo aid shall be equal to the total price of the same | 756 |
| number of bingo faces played with a paper bingo card or sheet sold | 757 |
| at the same bingo session but without an electronic bingo aid. | 758 |
| (iv) An electronic bingo aid cannot be part of an electronic | 759 |
| network other than a network that includes only bingo aids and | 760 |
| devices that are located on the premises at which the bingo is | 761 |
| being conducted or be interactive with any device not located on | 762 |
| the premises at which the bingo is being conducted. | 763 |
| (v) An electronic bingo aid cannot be used to participate in | 764 |
| bingo that is conducted at a location other than the location at | 765 |
| which the bingo session is conducted and at which the electronic | 766 |
| bingo aid is used. | 767 |
| (vi) An electronic bingo aid cannot be used to provide for | 768 |
| the input of numbers and letters announced by a bingo caller other | 769 |
| than the bingo caller who physically calls the numbers and letters | 770 |
| at the location at which the bingo session is conducted and at | 771 |
| which the electronic bingo aid is used. | 772 |
| (b) The attorney general may adopt rules in accordance with | 773 |
| Chapter 119. of the Revised Code that govern the use of electronic | 774 |
| bingo aids. The rules may include a requirement that an electronic | 775 |
| bingo aid be capable of being audited by the attorney general to | 776 |
| verify the number of bingo cards or sheets played during each | 777 |
| bingo session. | 778 |
| (12) Permit any person the charitable organization knows, or | 779 |
| should have known, to be under eighteen years of age to play bingo | 780 |
| described in division (S)(1) of section 2915.01 of the Revised | 781 |
| Code. | 782 |
| (D)(1) Except as otherwise provided in division (D)(3) of | 783 |
| this section, no charitable organization shall provide to a bingo | 784 |
| game operator, and no bingo game operator shall receive or accept, | 785 |
| any commission, wage, salary, reward, tip, donation, gratuity, or | 786 |
| other form of compensation, directly or indirectly, regardless of | 787 |
| the source, for conducting bingo or providing other work or labor | 788 |
| at the site of bingo during a bingo session. | 789 |
| (2) Except as otherwise provided in division (D)(3) of this | 790 |
| section, no charitable organization shall provide to a bingo game | 791 |
| operator any commission, wage, salary, reward, tip, donation, | 792 |
| gratuity, or other form of compensation, directly or indirectly, | 793 |
| regardless of the source, for conducting instant bingo other than | 794 |
| at a bingo session at the site of instant bingo other than at a | 795 |
| bingo session. | 796 |
| (3) Nothing in division (D) of this section prohibits an | 797 |
| employee of a fraternal organization, veteran's organization, or | 798 |
| sporting organization from selling instant bingo tickets or cards | 799 |
| to the organization's members or invited guests, as long as no | 800 |
| portion of the employee's compensation is paid from any receipts | 801 |
| of bingo. | 802 |
| (E) Notwithstanding division (B)(1) of this section, a | 803 |
| charitable organization that, prior to December 6, 1977, has | 804 |
| entered into written agreements for the lease of premises it owns | 805 |
| to another charitable organization or other charitable | 806 |
| organizations for the conducting of bingo sessions so that more | 807 |
| than two bingo sessions are conducted per calendar week on the | 808 |
| premises, and a person that is not a charitable organization and | 809 |
| that, prior to December 6, 1977, has entered into written | 810 |
| agreements for the lease of premises it owns to charitable | 811 |
| organizations for the conducting of more than two bingo sessions | 812 |
| per calendar week on the premises, may continue to lease the | 813 |
| premises to those charitable organizations, provided that no more | 814 |
| than four sessions are conducted per calendar week, that the | 815 |
| lessor organization or person has notified the attorney general in | 816 |
| writing of the organizations that will conduct the sessions and | 817 |
| the days of the week and the times of the day on which the | 818 |
| sessions will be conducted, that the initial lease entered into | 819 |
| with each organization that will conduct the sessions was filed | 820 |
| with the attorney general prior to December 6, 1977, and that each | 821 |
| organization that will conduct the sessions was issued a license | 822 |
| to conduct bingo games by the attorney general prior to December | 823 |
| 6, 1977. | 824 |
| (F) This section does not prohibit a bingo licensed | 825 |
| charitable organization or a game operator from giving any person | 826 |
| an instant bingo ticket as a prize. | 827 |
| (G) Whoever violates division (A)(2) of this section is | 828 |
| guilty of illegally conducting a bingo game, a felony of the | 829 |
| fourth degree. Except as otherwise provided in this division, | 830 |
| whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 831 |
| (C)(1) to (12), or (D) of this section is guilty of a minor | 832 |
| misdemeanor. If the offender previously has been convicted of a | 833 |
| violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 834 |
| to (11), or (D) of this section, a violation of division (A)(1) or | 835 |
| (3), (B)(1), (2), or (3), (C), or (D) of this section is a | 836 |
| misdemeanor of the first degree. Whoever violates division (C)(12) | 837 |
| of this section is guilty of a misdemeanor of the first degree, if | 838 |
| the offender previously has been convicted of a violation of | 839 |
| division (C)(12) of this section, a felony of the fourth degree. | 840 |
| Section 2. That existing sections 2915.01 and 2915.09 of the | 841 |
| Revised Code are hereby repealed. | 842 |
