As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly

Regular Session

2013-2014

Am. H. B. No. 491

Representatives Buchy, Blessing

A BILL

To amend sections 119.12, 2915.01, 2915.03, 2915.06,

2915.061, 3770.01, 3770.02, 3770.05, 3772.01,

3772.02, 3772.03, 3772.032, 3772.033, 3772.04,

3772.06, 3772.07, 3772.10, 3772.12, 3772.121,

3772.15, 3772.17, 3772.21, 3772.23, 3772.25,

3772.31, and 3772.99 and to enact sections

2915.062 and 3772.14 of the Revised Code to make

various changes to the Gambling Law, Lottery Law,

and Casino Law.

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

Section 1. That sections 119.12, 2915.01, 2915.03, 2915.06,	10
2915.061, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02, 3772.03,	11
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10, 3772.12,	12
3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.25, 3772.31,	13
and 3772.99 be amended and sections 2915.062 and 3772.14 of the	14
Revised Code be enacted to read as follows:	15

Sec. 119.12. Any party adversely affected by any order of an	16
agency issued pursuant to an adjudication denying an applicant	17
admission to an examination, or denying the issuance or renewal of	18
a license or registration of a licensee, or revoking or suspending	19
a license, or allowing the payment of a forfeiture under section	20
4301.252 of the Revised Code may appeal from the order of the	21
agency to the court of common pleas of the county in which the	22
place of business of the licensee is located or the county in	23
which the licensee is a resident, except that appeals from	24
decisions of the liquor control commission, the Ohio casino	25
control commission, the state medical board, state chiropractic	26
board, and the board of nursing shall be to the court of common	27
pleas of Franklin county. If any party appealing from the order is	28
not a resident of and has no place of business in this state, the	29
party may appeal to the court of common pleas of Franklin county.	30

Any party adversely affected by any order of an agency issued	31
pursuant to any other adjudication may appeal to the court of	32
common pleas of Franklin county, except that appeals from orders	33
of the fire marshal issued under Chapter 3737. of the Revised Code	34
may be to the court of common pleas of the county in which the	35
building of the aggrieved person is located and except that	36
appeals under division (B) of section 124.34 of the Revised Code	37
from a decision of the state personnel board of review or a	38
municipal or civil service township civil service commission shall	39
be taken to the court of common pleas of the county in which the	40
appointing authority is located or, in the case of an appeal by	41
the department of rehabilitation and correction, to the court of	42
common pleas of Franklin county.	43

This section does not apply to appeals from the department of	44
taxation.	45

Any party desiring to appeal shall file a notice of appeal	46
with the agency setting forth the order appealed from and stating	47
that the agency's order is not supported by reliable, probative,	48
and substantial evidence and is not in accordance with law. The	49
notice of appeal may, but need not, set forth the specific grounds	50
of the party's appeal beyond the statement that the agency's order	51
is not supported by reliable, probative, and substantial evidence	52
and is not in accordance with law. The notice of appeal shall also	53
be filed by the appellant with the court. In filing a notice of	54
appeal with the agency or court, the notice that is filed may be	55
either the original notice or a copy of the original notice.	56
Unless otherwise provided by law relating to a particular agency,	57
notices of appeal shall be filed within fifteen days after the	58
mailing of the notice of the agency's order as provided in this	59
section. For purposes of this paragraph, an order includes a	60
determination appealed pursuant to division (C) of section 119.092	61
of the Revised Code. The amendments made to this paragraph by Sub.	62
H.B. 215 of the 128th general assembly are procedural, and this	63
paragraph as amended by those amendments shall be applied	64
retrospectively to all appeals pursuant to this paragraph filed	65
before ~~the effective date of those amendments~~September 13, 2010,	66
but not earlier than May 7, 2009, which was the date the supreme	67
court of Ohio released its opinion and judgment in Medcorp, Inc.	68
v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d	69
622.	70

The filing of a notice of appeal shall not automatically	71
operate as a suspension of the order of an agency. If it appears	72
to the court that an unusual hardship to the appellant will result	73
from the execution of the agency's order pending determination of	74
the appeal, the court may grant a suspension and fix its terms. If	75
an appeal is taken from the judgment of the court and the court	76
has previously granted a suspension of the agency's order as	77
provided in this section, the suspension of the agency's order	78
shall not be vacated and shall be given full force and effect	79
until the matter is finally adjudicated. No renewal of a license	80
or permit shall be denied by reason of the suspended order during	81
the period of the appeal from the decision of the court of common	82
pleas. In the case of an appeal from the Ohio casino control	83
commission, the state medical board, or the state chiropractic	84
board, the court may grant a suspension and fix its terms if it	85
appears to the court that an unusual hardship to the appellant	86
will result from the execution of the agency's order pending	87
determination of the appeal and the health, safety, and welfare of	88
the public will not be threatened by suspension of the order. This	89
provision shall not be construed to limit the factors the court	90
may consider in determining whether to suspend an order of any	91
other agency pending determination of an appeal.	92

The final order of adjudication may apply to any renewal of a	93
license or permit which has been granted during the period of the	94
appeal.	95

Notwithstanding any other provision of this section, any	96
order issued by a court of common pleas or a court of appeals	97
suspending the effect of an order of the liquor control commission	98
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	99
suspends, revokes, or cancels a permit issued under Chapter 4303.	100
of the Revised Code or that allows the payment of a forfeiture	101
under section 4301.252 of the Revised Code shall terminate not	102
more than six months after the date of the filing of the record of	103
the liquor control commission with the clerk of the court of	104
common pleas and shall not be extended. The court of common pleas,	105
or the court of appeals on appeal, shall render a judgment in that	106
matter within six months after the date of the filing of the	107
record of the liquor control commission with the clerk of the	108
court of common pleas. A court of appeals shall not issue an order	109
suspending the effect of an order of the liquor control commission	110
that extends beyond six months after the date on which the record	111
of the liquor control commission is filed with a court of common	112
pleas.	113

Notwithstanding any other provision of this section, any	114
order issued by a court of common pleas or a court of appeals	115
suspending the effect of an order of the Ohio casino control	116
commission issued under Chapter 3772. of the Revised Code that	117
limits, conditions, restricts, suspends, revokes, denies, not	118
renews, fines, or otherwise penalizes an applicant, licensee, or	119
person excluded or ejected from a casino facility in accordance	120
with section 3772.031 of the Revised Code shall terminate not more	121
than six months after the date of the filing of the record of the	122
Ohio casino control commission with the clerk of the court of	123
common pleas and shall not be extended. The court of common pleas,	124
or the court of appeals on appeal, shall render a judgment in that	125
matter within six months after the date of the filing of the	126
record of the Ohio casino control commission with the clerk of the	127
court of common pleas. A court of appeals shall not issue an order	128
suspending the effect of an order of the Ohio casino control	129
commission that extends beyond six months after the date on which	130
the record of the Ohio casino control commission is filed with the	131
clerk of a court of common pleas.	132

Notwithstanding any other provision of this section, any	133
order issued by a court of common pleas suspending the effect of	134
an order of the state medical board or state chiropractic board	135
that limits, revokes, suspends, places on probation, or refuses to	136
register or reinstate a certificate issued by the board or	137
reprimands the holder of the certificate shall terminate not more	138
than fifteen months after the date of the filing of a notice of	139
appeal in the court of common pleas, or upon the rendering of a	140
final decision or order in the appeal by the court of common	141
pleas, whichever occurs first.	142

Within thirty days after receipt of a notice of appeal from	143
an order in any case in which a hearing is required by sections	144
119.01 to 119.13 of the Revised Code, the agency shall prepare and	145
certify to the court a complete record of the proceedings in the	146
case. Failure of the agency to comply within the time allowed,	147
upon motion, shall cause the court to enter a finding in favor of	148
the party adversely affected. Additional time, however, may be	149
granted by the court, not to exceed thirty days, when it is shown	150
that the agency has made substantial effort to comply. The record	151
shall be prepared and transcribed, and the expense of it shall be	152
taxed as a part of the costs on the appeal. The appellant shall	153
provide security for costs satisfactory to the court of common	154
pleas. Upon demand by any interested party, the agency shall	155
furnish at the cost of the party requesting it a copy of the	156
stenographic report of testimony offered and evidence submitted at	157
any hearing and a copy of the complete record.	158

Notwithstanding any other provision of this section, any	159
party desiring to appeal an order or decision of the state	160
personnel board of review shall, at the time of filing a notice of	161
appeal with the board, provide a security deposit in an amount and	162
manner prescribed in rules that the board shall adopt in	163
accordance with this chapter. In addition, the board is not	164
required to prepare or transcribe the record of any of its	165
proceedings unless the appellant has provided the deposit	166
described above. The failure of the board to prepare or transcribe	167
a record for an appellant who has not provided a security deposit	168
shall not cause a court to enter a finding adverse to the board.	169

Unless otherwise provided by law, in the hearing of the	170
appeal, the court is confined to the record as certified to it by	171
the agency. Unless otherwise provided by law, the court may grant	172
a request for the admission of additional evidence when satisfied	173
that the additional evidence is newly discovered and could not	174
with reasonable diligence have been ascertained prior to the	175
hearing before the agency.	176

The court shall conduct a hearing on the appeal and shall	177
give preference to all proceedings under sections 119.01 to 119.13	178
of the Revised Code, over all other civil cases, irrespective of	179
the position of the proceedings on the calendar of the court. An	180
appeal from an order of the state medical board issued pursuant to	181
division (G) of either section 4730.25 or 4731.22 of the Revised	182
Code, or the state chiropractic board issued pursuant to section	183
4734.37 of the Revised Code, or the liquor control commission	184
issued pursuant to Chapter 4301. or 4303. of the Revised Code, or	185
the Ohio casino control commission issued pursuant to Chapter	186
3772. of the Revised Code shall be set down for hearing at the	187
earliest possible time and takes precedence over all other	188
actions. The hearing in the court of common pleas shall proceed as	189
in the trial of a civil action, and the court shall determine the	190
rights of the parties in accordance with the laws applicable to a	191
civil action. At the hearing, counsel may be heard on oral	192
argument, briefs may be submitted, and evidence may be introduced	193
if the court has granted a request for the presentation of	194
additional evidence.	195

The court may affirm the order of the agency complained of in	196
the appeal if it finds, upon consideration of the entire record	197
and any additional evidence the court has admitted, that the order	198
is supported by reliable, probative, and substantial evidence and	199
is in accordance with law. In the absence of this finding, it may	200
reverse, vacate, or modify the order or make such other ruling as	201
is supported by reliable, probative, and substantial evidence and	202
is in accordance with law. The court shall award compensation for	203
fees in accordance with section 2335.39 of the Revised Code to a	204
prevailing party, other than an agency, in an appeal filed	205
pursuant to this section.	206

The judgment of the court shall be final and conclusive	207
unless reversed, vacated, or modified on appeal. These appeals may	208
be taken either by the party or the agency, shall proceed as in	209
the case of appeals in civil actions, and shall be pursuant to the	210
Rules of Appellate Procedure and, to the extent not in conflict	211
with those rules, Chapter 2505. of the Revised Code. An appeal by	212
the agency shall be taken on questions of law relating to the	213
constitutionality, construction, or interpretation of statutes and	214
rules of the agency, and, in the appeal, the court may also review	215
and determine the correctness of the judgment of the court of	216
common pleas that the order of the agency is not supported by any	217
reliable, probative, and substantial evidence in the entire	218
record.	219

The court shall certify its judgment to the agency or take	220
any other action necessary to give its judgment effect.	221

Sec. 2915.01. As used in this chapter:

222

(A) "Bookmaking" means the business of receiving or paying	223
off bets.	224

(B) "Bet" means the hazarding of anything of value upon the	225
result of an event, undertaking, or contingency, but does not	226
include a bona fide business risk.	227

(C) "Scheme of chance" means a slot machine unless authorized	228
under Chapter 3772. of the Revised Code, lottery unless authorized	229
under Chapter 3770. of the Revised Code, numbers game, pool	230
conducted for profit, or other scheme in which a participant gives	231
a valuable consideration for a chance to win a prize, but does not	232
include bingo, a skill-based amusement machine, or a pool not	233
conducted for profit. "Scheme of chance" includes the use of an	234
electronic device to reveal the results of a game entry if	235
valuable consideration is paid, directly or indirectly, for a	236
chance to win a prize. Valuable consideration is deemed to be paid	237
for a chance to win a prize in the following instances:	238

(1) Less than fifty per cent of the goods or services sold by	239
a scheme of chance operator in exchange for game entries are used	240
or redeemed by participants at any one location;	241

(2) Less than fifty per cent of participants who purchase	242
goods or services at any one location do not accept, use, or	243
redeem the goods or services sold or purportedly sold;	244

(3) More than fifty per cent of prizes at any one location	245
are revealed to participants through an electronic device	246
simulating a game of chance or a "casino game" as defined in	247
section 3772.01 of the Revised Code;	248

(4) The good or service sold by a scheme of chance operator	249
in exchange for a game entry cannot be used or redeemed in the	250
manner advertised;	251

(5) A participant pays more than fair market value for goods	252
or services offered by a scheme of chance operator in order to	253
receive one or more game entries;	254

(6) A participant may use the electronic device to purchase	255
additional game entries;	256

(7) A participant may purchase additional game entries by	257
using points or credits won as prizes while using the electronic	258
device;	259

(8) A scheme of chance operator pays out in prize money more	260
than twenty per cent of the gross revenue received at one	261
location; or	262

(9) A participant makes a purchase or exchange in order to	263
obtain any good or service that may be used to facilitate play on	264
the electronic device.	265

As used in this division, "electronic device" means a	266
mechanical, video, digital, or electronic machine or device that	267
is capable of displaying information on a screen or other	268
mechanism and that is owned, leased, or otherwise possessed by any	269
person conducting a scheme of chance, or by that person's	270
partners, affiliates, subsidiaries, or contractors.	271

(D) "Game of chance" means poker, craps, roulette, or other	272
game in which a player gives anything of value in the hope of	273
gain, the outcome of which is determined largely by chance, but	274
does not include bingo.	275

(E) "Game of chance conducted for profit" means any game of	276
chance designed to produce income for the person who conducts or	277
operates the game of chance, but does not include bingo.	278

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

279

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

280

(2) A ticket, token, or other device representing a chance,	281
share, or interest in a scheme of chance or evidencing a bet;	282

(3) A deck of cards, dice, gaming table, roulette wheel, slot	283
machine, or other apparatus designed for use in connection with a	284
game of chance;	285

(4) Any equipment, device, apparatus, or paraphernalia	286
specially designed for gambling purposes;	287

(5) Bingo supplies sold or otherwise provided, or used, in	288
violation of this chapter;	289

(6) Skill-based amusement machines or slot machines used in	290
violation of this chapter or Chapter 3772. of the Revised Code.	291

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

292

(1) A violation of section 2915.02, 2915.03, 2915.04,	293
2915.05, 2915.06, 2915.062, 2915.07, 2915.08, 2915.081, 2915.082,	294
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 or of division	295
(D), (E), or (F) of section 3772.99 of the Revised Code;	296

(2) A violation of an existing or former municipal ordinance	297
or law of this or any other state or the United States	298
substantially equivalent to any section listed in division (G)(1)	299
of this section or a violation of section 2915.06 of the Revised	300
Code as it existed prior to July 1, 1996;	301

(3) An offense under an existing or former municipal	302
ordinance or law of this or any other state or the United States,	303
of which gambling is an element;	304

(4) A conspiracy or attempt to commit, or complicity in	305
committing, any offense under division (G)(1), (2), or (3) of this	306
section.	307

(H) Except as otherwise provided in this chapter, "charitable	308
organization" means either of the following:	309

(1) An organization that is, and has received from the	310
internal revenue service a determination letter that currently is	311
in effect stating that the organization is, exempt from federal	312
income taxation under subsection 501(a) and described in	313
subsection 501(c)(3) of the Internal Revenue Code;	314

(2) A volunteer rescue service organization, volunteer	315
firefighter's organization, veteran's organization, fraternal	316
organization, or sporting organization that is exempt from federal	317
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	318
(c)(10), or (c)(19) of the Internal Revenue Code.	319

To qualify as a "charitable organization," an organization	320
shall have been in continuous existence as such in this state for	321
a period of two years immediately preceding either the making of	322
an application for a bingo license under section 2915.08 of the	323
Revised Code or the conducting of any game of chance as provided	324
in division (D) of section 2915.02 of the Revised Code.	325

(I) "Religious organization" means any church, body of	326
communicants, or group that is not organized or operated for	327
profit and that gathers in common membership for regular worship	328
and religious observances.	329

(J) "Veteran's organization" means any individual post or	330
state headquarters of a national veteran's association or an	331
auxiliary unit of any individual post of a national veteran's	332
association, which post, state headquarters, or auxiliary unit is	333
incorporated as a nonprofit corporation and either has received a	334
letter from the state headquarters of the national veteran's	335
association indicating that the individual post or auxiliary unit	336
is in good standing with the national veteran's association or has	337
received a letter from the national veteran's association	338
indicating that the state headquarters is in good standing with	339
the national veteran's association. As used in this division,	340
"national veteran's association" means any veteran's association	341
that has been in continuous existence as such for a period of at	342
least five years and either is incorporated by an act of the	343
United States congress or has a national dues-paying membership of	344
at least five thousand persons.	345

(K) "Volunteer firefighter's organization" means any	346
organization of volunteer firefighters, as defined in section	347
146.01 of the Revised Code, that is organized and operated	348
exclusively to provide financial support for a volunteer fire	349
department or a volunteer fire company and that is recognized or	350
ratified by a county, municipal corporation, or township.	351

(L) "Fraternal organization" means any society, order, state	352
headquarters, or association within this state, except a college	353
or high school fraternity, that is not organized for profit, that	354
is a branch, lodge, or chapter of a national or state	355
organization, that exists exclusively for the common business or	356
sodality of its members.	357

(M) "Volunteer rescue service organization" means any	358
organization of volunteers organized to function as an emergency	359
medical service organization, as defined in section 4765.01 of the	360
Revised Code.	361

(N) "Charitable bingo game" means any bingo game described in	362
division (O)(1) or (2) of this section that is conducted by a	363
charitable organization that has obtained a license pursuant to	364
section 2915.08 of the Revised Code and the proceeds of which are	365
used for a charitable purpose.	366

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

367

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

368

(a) The participants use bingo cards or sheets, including	369
paper formats and electronic representation or image formats, that	370
are divided into twenty-five spaces arranged in five horizontal	371
and five vertical rows of spaces, with each space, except the	372
central space, being designated by a combination of a letter and a	373
number and with the central space being designated as a free	374
space.	375

(b) The participants cover the spaces on the bingo cards or	376
sheets that correspond to combinations of letters and numbers that	377
are announced by a bingo game operator.	378

(c) A bingo game operator announces combinations of letters	379
and numbers that appear on objects that a bingo game operator	380
selects by chance, either manually or mechanically, from a	381
receptacle that contains seventy-five objects at the beginning of	382
each game, each object marked by a different combination of a	383
letter and a number that corresponds to one of the seventy-five	384
possible combinations of a letter and a number that can appear on	385
the bingo cards or sheets.	386

(d) The winner of the bingo game includes any participant who	387
properly announces during the interval between the announcements	388
of letters and numbers as described in division (O)(1)(c) of this	389
section, that a predetermined and preannounced pattern of spaces	390
has been covered on a bingo card or sheet being used by the	391
participant.	392

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

393

(P) "Conduct" means to back, promote, organize, manage, carry	394
on, sponsor, or prepare for the operation of bingo or a game of	395
chance, a scheme of chance, or a sweepstakes, or a skill-based	396
amusement machine.	397

(Q) "Bingo game operator" means any person, except security	398
personnel, who performs work or labor at the site of bingo,	399
including, but not limited to, collecting money from participants,	400
handing out bingo cards or sheets or objects to cover spaces on	401
bingo cards or sheets, selecting from a receptacle the objects	402
that contain the combination of letters and numbers that appear on	403
bingo cards or sheets, calling out the combinations of letters and	404
numbers, distributing prizes, selling or redeeming instant bingo	405
tickets or cards, supervising the operation of a punch board,	406
selling raffle tickets, selecting raffle tickets from a receptacle	407
and announcing the winning numbers in a raffle, and preparing,	408
selling, and serving food or beverages.	409

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

410

(S) "Bingo session" means a period that includes both of the	411
following:	412

(1) Not to exceed five continuous hours for the conduct of	413
one or more games described in division (O)(1) of this section,	414
instant bingo, and seal cards;	415

(2) A period for the conduct of instant bingo and seal cards	416
for not more than two hours before and not more than two hours	417
after the period described in division (S)(1) of this section.	418

(T) "Gross receipts" means all money or assets, including	419
admission fees, that a person receives from bingo without the	420
deduction of any amounts for prizes paid out or for the expenses	421
of conducting bingo. "Gross receipts" does not include any money	422
directly taken in from the sale of food or beverages by a	423
charitable organization conducting bingo, or by a bona fide	424
auxiliary unit or society of a charitable organization conducting	425
bingo, provided all of the following apply:	426

(1) The auxiliary unit or society has been in existence as a	427
bona fide auxiliary unit or society of the charitable organization	428
for at least two years prior to conducting bingo.	429

(2) The person who purchases the food or beverage receives	430
nothing of value except the food or beverage and items customarily	431
received with the purchase of that food or beverage.	432

(3) The food and beverages are sold at customary and	433
reasonable prices.	434

(U) "Security personnel" includes any person who either is a	435
sheriff, deputy sheriff, marshal, deputy marshal, township	436
constable, or member of an organized police department of a	437
municipal corporation or has successfully completed a peace	438
officer's training course pursuant to sections 109.71 to 109.79 of	439
the Revised Code and who is hired to provide security for the	440
premises on which bingo is conducted.	441

(V) "Charitable purpose" means that the net profit of bingo,	442
other than instant bingo, is used by, or is given, donated, or	443
otherwise transferred to, any of the following:	444

(1) Any organization that is described in subsection	445
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	446
and is either a governmental unit or an organization that is tax	447
exempt under subsection 501(a) and described in subsection	448
501(c)(3) of the Internal Revenue Code;	449

(2) A veteran's organization that is a post, chapter, or	450
organization of veterans, or an auxiliary unit or society of, or a	451
trust or foundation for, any such post, chapter, or organization	452
organized in the United States or any of its possessions, at least	453
seventy-five per cent of the members of which are veterans and	454
substantially all of the other members of which are individuals	455
who are spouses, widows, or widowers of veterans, or such	456
individuals, provided that no part of the net earnings of such	457
post, chapter, or organization inures to the benefit of any	458
private shareholder or individual, and further provided that the	459
net profit is used by the post, chapter, or organization for the	460
charitable purposes set forth in division (B)(12) of section	461
5739.02 of the Revised Code, is used for awarding scholarships to	462
or for attendance at an institution mentioned in division (B)(12)	463
of section 5739.02 of the Revised Code, is donated to a	464
governmental agency, or is used for nonprofit youth activities,	465
the purchase of United States or Ohio flags that are donated to	466
schools, youth groups, or other bona fide nonprofit organizations,	467
promotion of patriotism, or disaster relief;	468

(3) A fraternal organization that has been in continuous	469
existence in this state for fifteen years and that uses the net	470
profit exclusively for religious, charitable, scientific,	471
literary, or educational purposes, or for the prevention of	472
cruelty to children or animals, if contributions for such use	473
would qualify as a deductible charitable contribution under	474
subsection 170 of the Internal Revenue Code;	475

(4) A volunteer firefighter's organization that uses the net	476
profit for the purposes set forth in division (K) of this section.	477

(W) "Internal Revenue Code" means the "Internal Revenue Code	478
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	479
amended.	480

(X) "Youth athletic organization" means any organization, not	481
organized for profit, that is organized and operated exclusively	482
to provide financial support to, or to operate, athletic	483
activities for persons who are twenty-one years of age or younger	484
by means of sponsoring, organizing, operating, or contributing to	485
the support of an athletic team, club, league, or association.	486

(Y) "Youth athletic park organization" means any	487
organization, not organized for profit, that satisfies both of the	488
following:	489

(1) It owns, operates, and maintains playing fields that	490
satisfy both of the following:	491

(a) The playing fields are used at least one hundred days per	492
year for athletic activities by one or more organizations, not	493
organized for profit, each of which is organized and operated	494
exclusively to provide financial support to, or to operate,	495
athletic activities for persons who are eighteen years of age or	496
younger by means of sponsoring, organizing, operating, or	497
contributing to the support of an athletic team, club, league, or	498
association.	499

(b) The playing fields are not used for any profit-making	500
activity at any time during the year.	501

(2) It uses the proceeds of bingo it conducts exclusively for	502
the operation, maintenance, and improvement of its playing fields	503
of the type described in division (Y)(1) of this section.	504

(Z) "Bingo supplies" means bingo cards or sheets; instant	505
bingo tickets or cards; electronic bingo aids; raffle tickets;	506
punch boards; seal cards; instant bingo ticket dispensers; and	507
devices for selecting or displaying the combination of bingo	508
letters and numbers or raffle tickets. Items that are "bingo	509
supplies" are not gambling devices if sold or otherwise provided,	510
and used, in accordance with this chapter. For purposes of this	511
chapter, "bingo supplies" are not to be considered equipment used	512
to conduct a bingo game.	513

(AA) "Instant bingo" means a form of bingo that shall use	514
folded or banded tickets or paper cards with perforated break-open	515
tabs, a face of which is covered or otherwise hidden from view to	516
conceal a number, letter, or symbol, or set of numbers, letters,	517
or symbols, some of which have been designated in advance as prize	518
winners, and may also include games in which some winners are	519
determined by the random selection of one or more bingo numbers by	520
the use of a seal card or bingo blower. In all "instant bingo" the	521
prize amount and structure shall be predetermined. "Instant bingo"	522
does not include any device that is activated by the insertion of	523
a coin, currency, token, or an equivalent, and that contains as	524
one of its components a video display monitor that is capable of	525
displaying numbers, letters, symbols, or characters in winning or	526
losing combinations.	527

(BB) "Seal card" means a form of instant bingo that uses	528
instant bingo tickets in conjunction with a board or placard that	529
contains one or more seals that, when removed or opened, reveal	530
predesignated winning numbers, letters, or symbols.	531

(CC) "Raffle" means a form of bingo in which the one or more	532
prizes are won by one or more persons who have purchased a raffle	533
ticket. The one or more winners of the raffle are determined by	534
drawing a ticket stub or other detachable section from a	535
receptacle containing ticket stubs or detachable sections	536
corresponding to all tickets sold for the raffle. "Raffle" does	537
not include the drawing of a ticket stub or other detachable	538
section of a ticket purchased to attend a professional sporting	539
event if both of the following apply:	540

(1) The ticket stub or other detachable section is used to	541
select the winner of a free prize given away at the professional	542
sporting event; and	543

(2) The cost of the ticket is the same as the cost of a	544
ticket to the professional sporting event on days when no free	545
prize is given away.	546

(DD) "Punch board" means a board containing a number of holes	547
or receptacles of uniform size in which are placed, mechanically	548
and randomly, serially numbered slips of paper that may be punched	549
or drawn from the hole or receptacle when used in conjunction with	550
instant bingo. A player may punch or draw the numbered slips of	551
paper from the holes or receptacles and obtain the prize	552
established for the game if the number drawn corresponds to a	553
winning number or, if the punch board includes the use of a seal	554
card, a potential winning number.	555

(EE) "Gross profit" means gross receipts minus the amount	556
actually expended for the payment of prize awards.	557

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

558

(GG) "Expenses" means the reasonable amount of gross profit	559
actually expended for all of the following:	560

(1) The purchase or lease of bingo supplies;

561

(2) The annual license fee required under section 2915.08 of	562
the Revised Code;	563

(3) Bank fees and service charges for a bingo session or game	564
account described in section 2915.10 of the Revised Code;	565

(4) Audits and accounting services;

566

(5) Safes;

567

(6) Cash registers;

568

(7) Hiring security personnel;

569

(8) Advertising bingo;

570

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

571

(10) Tables and chairs;

572

(11) Expenses for maintaining and operating a charitable	573
organization's facilities, including, but not limited to, a post	574
home, club house, lounge, tavern, or canteen and any grounds	575
attached to the post home, club house, lounge, tavern, or canteen;	576

(12) Payment of real property taxes and assessments that are	577
levied on a premises on which bingo is conducted;	578

(13) Any other product or service directly related to the	579
conduct of bingo that is authorized in rules adopted by the	580
attorney general under division (B)(1) of section 2915.08 of the	581
Revised Code.	582

(HH) "Person" has the same meaning as in section 1.59 of the	583
Revised Code and includes any firm or any other legal entity,	584
however organized.	585

(II) "Revoke" means to void permanently all rights and	586
privileges of the holder of a license issued under section	587
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	588
gaming license issued by another jurisdiction.	589

(JJ) "Suspend" means to interrupt temporarily all rights and	590
privileges of the holder of a license issued under section	591
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	592
gaming license issued by another jurisdiction.	593

(KK) "Distributor" means any person who purchases or obtains	594
bingo supplies and who does either of the following:	595

(1) Sells, offers for sale, or otherwise provides or offers	596
to provide the bingo supplies to another person for use in this	597
state;	598

(2) Modifies, converts, adds to, or removes parts from the	599
bingo supplies to further their promotion or sale for use in this	600
state.	601

(LL) "Manufacturer" means any person who assembles completed	602
bingo supplies from raw materials, other items, or subparts or who	603
modifies, converts, adds to, or removes parts from bingo supplies	604
to further their promotion or sale.	605

(MM) "Gross annual revenues" means the annual gross receipts	606
derived from the conduct of bingo described in division (O)(1) of	607
this section plus the annual net profit derived from the conduct	608
of bingo described in division (O)(2) of this section.	609

(NN) "Instant bingo ticket dispenser" means a mechanical	610
device that dispenses an instant bingo ticket or card as the sole	611
item of value dispensed and that has the following	612
characteristics:	613

(1) It is activated upon the insertion of United States	614
currency.	615

(2) It performs no gaming functions.

616

(3) It does not contain a video display monitor or generate	617
noise.	618

(4) It is not capable of displaying any numbers, letters,	619
symbols, or characters in winning or losing combinations.	620

(5) It does not simulate or display rolling or spinning	621
reels.	622

(6) It is incapable of determining whether a dispensed bingo	623
ticket or card is a winning or nonwinning ticket or card and	624
requires a winning ticket or card to be paid by a bingo game	625
operator.	626

(7) It may provide accounting and security features to aid in	627
accounting for the instant bingo tickets or cards it dispenses.	628

(8) It is not part of an electronic network and is not	629
interactive.	630

(OO)(1) "Electronic bingo aid" means an electronic device	631
used by a participant to monitor bingo cards or sheets purchased	632
at the time and place of a bingo session and that does all of the	633
following:	634

(a) It provides a means for a participant to input numbers	635
and letters announced by a bingo caller.	636

(b) It compares the numbers and letters entered by the	637
participant to the bingo faces previously stored in the memory of	638
the device.	639

640

(2) "Electronic bingo aid" does not include any device into	641
which a coin, currency, token, or an equivalent is inserted to	642
activate play.	643

(PP) "Deal of instant bingo tickets" means a single game of	644
instant bingo tickets all with the same serial number.	645

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

646

(a) Any mechanical, electronic, video, or digital device that	647
is capable of accepting anything of value, directly or indirectly,	648
from or on behalf of a player who gives the thing of value in the	649
hope of gain;	650

(b) Any mechanical, electronic, video, or digital device that	651
is capable of accepting anything of value, directly or indirectly,	652
from or on behalf of a player to conduct bingo or a scheme or game	653
of chance.	654

(2) "Slot machine" does not include a skill-based amusement	655
machine or an instant bingo ticket dispenser.	656

(RR) "Net profit from the proceeds of the sale of instant	657
bingo" means gross profit minus the ordinary, necessary, and	658
reasonable expense expended for the purchase of instant bingo	659
supplies, and, in the case of instant bingo conducted by a	660
veteran's, fraternal, or sporting organization, minus the payment	661
by that organization of real property taxes and assessments levied	662
on a premises on which instant bingo is conducted.	663

(SS) "Charitable instant bingo organization" means an	664
organization that is exempt from federal income taxation under	665
subsection 501(a) and described in subsection 501(c)(3) of the	666
Internal Revenue Code and is a charitable organization as defined	667
in this section. A "charitable instant bingo organization" does	668
not include a charitable organization that is exempt from federal	669
income taxation under subsection 501(a) and described in	670
subsection 501(c)(3) of the Internal Revenue Code and that is	671
created by a veteran's organization, a fraternal organization, or	672
a sporting organization in regards to bingo conducted or assisted	673
by a veteran's organization, a fraternal organization, or a	674
sporting organization pursuant to section 2915.13 of the Revised	675
Code.	676

(TT) "Game flare" means the board or placard that accompanies	677
each deal of instant bingo tickets and that has printed on or	678
affixed to it the following information for the game:	679

(1) The name of the game;

680

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

681

(3) The form number;

682

(4) The ticket count;

683

(5) The prize structure, including the number of winning	684
instant bingo tickets by denomination and the respective winning	685
symbol or number combinations for the winning instant bingo	686
tickets;	687

(6) The cost per play;

688

(7) The serial number of the game.

689

(UU)(1) "Skill-based amusement machine" means a mechanical,	690
video, digital, or electronic device that rewards the player or	691
players, if at all, only with merchandise prizes or with	692
redeemable vouchers redeemable only for merchandise prizes,	693
provided that with respect to rewards for playing the game all of	694
the following apply:	695

(a) The wholesale value of a merchandise prize awarded as a	696
result of the single play of a machine does not exceed ten	697
dollars;	698

(b) Redeemable vouchers awarded for any single play of a	699
machine are not redeemable for a merchandise prize with a	700
wholesale value of more than ten dollars;	701

(c) Redeemable vouchers are not redeemable for a merchandise	702
prize that has a wholesale value of more than ten dollars times	703
the fewest number of single plays necessary to accrue the	704
redeemable vouchers required to obtain that prize; and	705

(d) Any redeemable vouchers or merchandise prizes are	706
distributed at the site of the skill-based amusement machine at	707
the time of play.	708

A card for the purchase of gasoline is a redeemable voucher	709
for purposes of division (UU)(1) of this section even if the	710
skill-based amusement machine for the play of which the card is	711
awarded is located at a place where gasoline may not be legally	712
distributed to the public or the card is not redeemable at the	713
location of, or at the time of playing, the skill-based amusement	714
machine.	715

(2) A device shall not be considered a skill-based amusement	716
machine and shall be considered a slot machine if it pays cash or	717
one or more of the following apply:	718

(a) The ability of a player to succeed at the game is	719
impacted by the number or ratio of prior wins to prior losses of	720
players playing the game.	721

(b) Any reward of redeemable vouchers is not based solely on	722
the player achieving the object of the game or the player's score;	723

(c) The outcome of the game, or the value of the redeemable	724
voucher or merchandise prize awarded for winning the game, can be	725
controlled by a source other than any player playing the game.	726

(d) The success of any player is or may be determined by a	727
chance event that cannot be altered by player actions.	728

(e) The ability of any player to succeed at the game is	729
determined by game features not visible or known to the player.	730

(f) The ability of the player to succeed at the game is	731
impacted by the exercise of a skill that no reasonable player	732
could exercise.	733

(3) All of the following apply to any machine that is	734
operated as described in division (UU)(1) of this section:	735

(a) As used in division (UU) of this section, "game" and	736
"play" mean one event from the initial activation of the machine	737
until the results of play are determined without payment of	738
additional consideration. An individual utilizing a machine that	739
involves a single game, play, contest, competition, or tournament	740
may be awarded redeemable vouchers or merchandise prizes based on	741
the results of play.	742

(b) Advance play for a single game, play, contest,	743
competition, or tournament participation may be purchased. The	744
cost of the contest, competition, or tournament participation may	745
be greater than a single noncontest, competition, or tournament	746
play.	747

(c) To the extent that the machine is used in a contest,	748
competition, or tournament, that contest, competition, or	749
tournament has a defined starting and ending date and is open to	750
participants in competition for scoring and ranking results toward	751
the awarding of redeemable vouchers or merchandise prizes that are	752
stated prior to the start of the contest, competition, or	753
tournament.	754

(4) For purposes of division (UU)(1) of this section, the	755
mere presence of a device, such as a pin-setting, ball-releasing,	756
or scoring mechanism, that does not contribute to or affect the	757
outcome of the play of the game does not make the device a	758
skill-based amusement machine.	759

(VV) "Merchandise prize" means any item of value, but shall	760
not include any of the following:	761

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

762

(2) Plays on games of chance, state lottery tickets, bingo,	763
or instant bingo;	764

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

765

(4) A redeemable voucher that is redeemable for any of the	766
items listed in division (VV)(1), (2), or (3) of this section.	767

(WW) "Redeemable voucher" means any ticket, token, coupon,	768
receipt, or other noncash representation of value.	769

(XX) "Pool not conducted for profit" means a scheme in which	770
a participant gives a valuable consideration for a chance to win a	771
prize and the total amount of consideration wagered is distributed	772
to a participant or participants.	773

(YY) "Sporting organization" means a hunting, fishing, or	774
trapping organization, other than a college or high school	775
fraternity or sorority, that is not organized for profit, that is	776
affiliated with a state or national sporting organization,	777
including but not limited to, the league of Ohio sportsmen, and	778
that has been in continuous existence in this state for a period	779
of three years.	780

(ZZ) "Community action agency" has the same meaning as in	781
section 122.66 of the Revised Code.	782

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	783
video, digital, or electronic machine or device that is owned,	784
leased, or otherwise possessed by any person conducting a	785
sweepstakes, or by that person's partners, affiliates,	786
subsidiaries, or contractors, that is intended to be used by a	787
sweepstakes participant, and that is capable of displaying	788
information on a screen or other mechanism. A device is a	789
sweepstakes terminal device if any of the following apply:	790

(a) The device uses a simulated game terminal as a	791
representation of the prizes associated with the results of the	792
sweepstakes entries.	793

(b) The device utilizes software such that the simulated game	794
influences or determines the winning of or value of the prize.	795

(c) The device selects prizes from a predetermined finite	796
pool of entries.	797

(d) The device utilizes a mechanism that reveals the content	798
of a predetermined sweepstakes entry.	799

(e) The device predetermines the prize results and stores	800
those results for delivery at the time the sweepstakes entry	801
results are revealed.	802

(f) The device utilizes software to create a game result.

803

(g) The device reveals the prize incrementally, even though	804
the device does not influence the awarding of the prize or the	805
value of any prize awarded.	806

(h) The device determines and associates the prize with an	807
entry or entries at the time the sweepstakes is entered.	808

(2) As used in this division and in section 2915.02 of the	809
Revised Code:	810

(a) "Enter" means the act by which a person becomes eligible	811
to receive any prize offered in a sweepstakes.	812

(b) "Entry" means one event from the initial activation of	813
the sweepstakes terminal device until all the sweepstakes prize	814
results from that activation are revealed.	815

(c) "Prize" means any gift, award, gratuity, good, service,	816
credit, reward, or any other thing of value that may be	817
transferred to a person, whether possession of the prize is	818
actually transferred, or placed on an account or other record as	819
evidence of the intent to transfer the prize.	820

(d) "Sweepstakes terminal device facility" means any location	821
in this state where a sweepstakes terminal device is provided to a	822
sweepstakes participant, except as provided in division (G) of	823
section 2915.02 of the Revised Code.	824

(BBB) "Sweepstakes" means any game, contest, advertising	825
scheme or plan, or other promotion where consideration is not	826
required for a person to enter to win or become eligible to	827
receive any prize, the determination of which is based upon	828
chance. "Sweepstakes" does not include bingo as authorized under	829
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	830
of the Revised Code, lotteries conducted by the state lottery	831
commission as authorized by Chapter 3770. of the Revised Code, and	832
casino gaming as authorized by Chapter 3772. of the Revised Code.	833

Sec. 2915.03. (A) No person, being the owner or lessee, or	834
having custody, control, or supervision of premises, shall:	835

(1) Use or occupy such premises for gambling in violation of	836
section 2915.02, 2915.06, or 2915.062 or of division (E)(12) of	837
section 3772.99 of the Revised Code;	838

(2) ~~Recklessly~~Knowingly permit such premises to be used or	839
occupied for gambling in violation of section 2915.02, 2915.06, or	840
2915.062 or of division (E)(12) of section 3772.99 of the Revised	841
Code.	842

(B) Whoever violates this section is guilty of operating a	843
gambling house, a misdemeanor of the first degree. If the offender	844
previously has been convicted of a gambling offense, operating a	845
gambling house is a felony of the fifth degree.	846

(C) Premises used or occupied in violation of this section	847
constitute a nuisance subject to abatement pursuant to sections	848
3767.01 to 3767.99 of the Revised Code.	849

Sec. 2915.06. (A) No person shall give to another person any	850
item described in division (VV)(1), (2), (3), or (4) of section	851
2915.01 of the Revised Code in exchange for a noncash prize, toy,	852
or novelty received as a reward for playing or operating a	853
skill-based amusement machine or for a free or reduced-price game	854
won on a skill-based amusement machine.	855

(B) No person shall conduct, or participate in the conduct	856
of, a skill-based amusement machine without first obtaining a	857
license under Chapter 3772. of the Revised Code.	858

This division does not apply to a person who has obtained,	859
from the director of agriculture, a license under section 1711.11	860
of the Revised Code to operate concessions at a fair or exhibition	861
conducted by a county or independent agricultural society or by	862
the Ohio expositions commission.	863

(C) Whoever violates division (A) of this section is guilty	864
of skill-based amusement machine prohibited conduct. A violation	865
of division (A) of this section is a misdemeanor of the first	866
degree for each redemption of a prize that is involved in the	867
violation. If the offender previously has been convicted of a	868
gambling offense, violation of division (A) of this section~~, a~~	869
~~violation of that division~~ is a felony of the fifth degree for	870
each redemption of a prize that is involved in the violation. The	871
maximum fine authorized to be imposed for a felony of the fifth	872
degree shall be imposed upon the offender.	873

(D) Whoever violates division (B) of this section is guilty	874
of conducting an illegal skill-based amusement machine, a	875
misdemeanor of the first degree. If the offender previously has	876
been convicted of a gambling offense, violation of division (B) of	877
this section is a felony of the fifth degree.	878

(E) Premises used or occupied in violation of this section	879
constitute a nuisance subject to abatement under Chapter 3767. of	880
the Revised Code.	881

Sec. 2915.061. Any regulation of skill-based amusement	882
machines shall be governed by this chapter and Chapter 3772. of	883
the Revised Code and not by Chapter 1345. of the Revised Code.	884

Sec. 2915.062. (A) Except as otherwise expressly permitted	885
by law, no person shall conduct, or participate in the conduct of,	886
a casino game, as defined in section 3772.01 of the Revised Code,	887
without first obtaining a license under Chapter 3772. of the	888
Revised Code.	889

(B) Whoever violates this section is guilty of conducting an	890
illegal casino game, a midemeanor of the first degree. If the	891
offender previously has been convicted of a gambling offense,	892
violation of this section is a felony of the fifth degree.	893

(C) Premises used or occupied in violation of this section	894
constitute a nuisance subject to abatement under Chapter 3767. of	895
the Revised Code.	896

Sec. 3770.01. (A) There is hereby created the state lottery	897
commission consisting of nine members appointed by the governor	898
with the advice and consent of the senate. No more than five	899
members of the commission shall be members of the same political	900
party. Of the additional and new appointments made to the	901
commission pursuant to the amendment of August 1, 1980, three	902
shall be for terms ending August 1, 1981, three shall be for terms	903
ending August 1, 1982, and three shall be for terms ending August	904
1, 1983. Thereafter, terms of office shall be for three years,	905
each term ending on the same day of the same month of the year as	906
did the term which it succeeds.	907

(B) Each member shall hold office from the date of	908
appointment until the end of the term for which the member was	909
appointed. Any member appointed to fill a vacancy occurring prior	910
to the expiration of the term for which the member's predecessor	911
was appointed shall hold office for the remainder of that term.	912
Any member shall continue in office subsequent to the expiration	913
date of the member's term until the member's successor takes	914
office, or until a period of sixty days has elapsed, whichever	915
occurs first.	916

(C) All members of the commission shall be citizens of the	917
United States and residents of this state. The members of the	918
commission shall represent the various geographic regions of the	919
state. No member of the commission shall have any pecuniary	920
interest in any contract or license awarded by the commission. One	921
person appointed as a member of the commission shall ~~represent an~~	922
~~organization that deals with~~have experience or training in the	923
area of problem gambling or other addictions and ~~assists~~in	924
assistance to recovering gambling or other addicts. Each person	925
appointed as a member of the commission, except the member	926
appointed as a representative of an organization that deals with	927
problem gambling and assists recovering gambling addicts, shall	928
have prior experience or education in business administration,	929
management, sales, marketing, or advertising.	930

(D) The commission shall elect annually one of its members to	931
serve as chairperson for a term of one year. Election as	932
chairperson shall not extend a member's appointive term. Each	933
member of the commission shall receive an annual salary of five	934
thousand dollars, payable in monthly installments. Each member of	935
the commission also shall receive the member's actual and	936
necessary expenses incurred in the discharge of the member's	937
official duties.	938

(E) Each member of the commission, before entering upon the	939
discharge of the member's official duties, shall give a bond,	940
payable to the treasurer of state, in the sum of ten thousand	941
dollars with sufficient sureties to be approved by the treasurer	942
of state, which bond shall be filed with the secretary of state.	943

(F) The governor may remove any member of the commission for	944
malfeasance, misfeasance, or nonfeasance in office, giving the	945
member a copy of the charges against the member and affording the	946
member an opportunity to be publicly heard in person or by counsel	947
in the member's own defense upon not less than ten days' notice.	948
If the member is removed, the governor shall file in the office of	949
the secretary of state a complete statement of all charges made	950
against the member and the governor's finding on the charges,	951
together with a complete report of the proceedings, and the	952
governor's decision on the charges is final.	953

(G) The commission shall maintain offices at locations in the	954
state as it may consider necessary for the efficient performance	955
of its functions. The director shall maintain an office in	956
Columbus to coordinate the activities of the state lottery	957
commission with other state departments.	958

Sec. 3770.02. (A) Subject to the advice and consent of the	959
senate, the governor shall appoint a director of the state lottery	960
commission who shall serve at the pleasure of the governor. The	961
director shall devote full time to the duties of the office and	962
shall hold no other office or employment. The director shall meet	963
all requirements for appointment as a member of the commission and	964
shall, by experience and training, possess management skills that	965
equip the director to administer an enterprise of the nature of a	966
state lottery. The director shall receive an annual salary in	967
accordance with pay range 48 of section 124.152 of the Revised	968
Code.	969

(B)(1) The director shall attend all meetings of the	970
commission and shall act as its secretary. The director shall keep	971
a record of all commission proceedings and shall keep the	972
commission's records, files, and documents at the commission's	973
principal office. All records of the commission's meetings shall	974
be available for inspection by any member of the public, upon a	975
showing of good cause and prior notification to the director.	976

(2) The director shall be the commission's executive officer	977
and shall be responsible for keeping all commission records and	978
supervising and administering the state lottery in accordance with	979
this chapter, and carrying out all commission rules adopted under	980
section 3770.03 of the Revised Code.	981

(C)(1) The director shall appoint an assistant director,	982
deputy directors of marketing, operations, sales, finance, public	983
relations, security, and administration, and as many regional	984
managers as are required. The director may also appoint necessary	985
professional, technical, and clerical assistants. All such	986
officers and employees shall be appointed and compensated pursuant	987
to Chapter 124. of the Revised Code. Regional and assistant	988
regional managers, sales representatives, and any lottery	989
executive account representatives shall remain in the unclassified	990
service.	991

(2) The director, in consultation with the director of	992
administrative services, may establish standards of proficiency	993
and productivity for commission field representatives.	994

(D) The director shall request the bureau of criminal	995
identification and investigation, the department of public safety,	996
or any other state, local, or federal agency to supply the	997
director with the criminal records of any job applicant and may	998
periodically request the criminal records of commission employees.	999
At or prior to the time of making such a request, the director	1000
shall require a job applicant or commission employee to obtain	1001
fingerprint cards prescribed by the superintendent of the bureau	1002
of criminal identification and investigation at a qualified law	1003
enforcement agency, and the director shall cause these fingerprint	1004
cards to be forwarded to the bureau of criminal identification and	1005
investigation and the federal bureau of investigation. The	1006
commission shall assume the cost of obtaining the fingerprint	1007
cards and shall pay to each agency supplying criminal records for	1008
each investigation under this division a reasonable fee, as	1009
determined by the agency.	1010

(E) The director shall license lottery sales agents pursuant	1011
to section 3770.05 of the Revised Code and, when it is considered	1012
necessary, may revoke or suspend the license of any lottery sales	1013
agent. The director may license video lottery technology	1014
providers, independent testing laboratories, and gaming employees,	1015
and promulgate rules relating thereto. When the director considers	1016
it necessary, the director may suspend or revoke the license of a	1017
video lottery technology provider, independent testing laboratory,	1018
or gaming employee, including suspension or revocation without	1019
affording an opportunity for a prior hearing under section 119.07	1020
of the Revised Code when the public safety, convenience, or trust	1021
requires immediate action.	1022

(F) The director shall confer at least once each month with	1023
the commission, at which time the director shall advise it	1024
regarding the operation and administration of the lottery. The	1025
director shall make available at the request of the commission all	1026
documents, files, and other records pertaining to the operation	1027
and administration of the lottery. The director shall prepare and	1028
make available to the commission each month a complete and	1029
accurate accounting of lottery revenues, prize money disbursements	1030
and the cost of goods and services awarded as prizes, operating	1031
expenses, and all other relevant financial information, including	1032
an accounting of all transfers made from any lottery funds in the	1033
custody of the treasurer of state to benefit education.	1034

(G) The director may enter into contracts for the operation	1035
or promotion of the lottery pursuant to Chapter 125. of the	1036
Revised Code.	1037

(H)(1) Pursuant to rules adopted by the commission under	1038
section 3770.03 of the Revised Code, the director shall require	1039
any lottery sales agents to deposit to the credit of the state	1040
lottery fund, in banking institutions designated by the treasurer	1041
of state, net proceeds due the commission as determined by the	1042
director.	1043

(2) Pursuant to rules adopted by the commission under Chapter	1044
119. of the Revised Code, the director may impose penalties for	1045
the failure of a sales agent to transfer funds to the commission	1046
in a timely manner. Penalties may include monetary penalties,	1047
immediate suspension or revocation of a license, or any other	1048
penalty the commission adopts by rule.	1049

(I) The director may arrange for any person, or any banking	1050
institution, to perform functions and services in connection with	1051
the operation of the lottery as the director may consider	1052
necessary to carry out this chapter.	1053

(J)(1) As used in this chapter, "statewide joint lottery	1054
game" means a lottery game that the commission sells solely within	1055
this state under an agreement with other lottery jurisdictions to	1056
sell the same lottery game solely within their statewide or other	1057
jurisdictional boundaries.	1058

(2) If the governor directs the director to do so, the	1059
director shall enter into an agreement with other lottery	1060
jurisdictions to conduct statewide joint lottery games. If the	1061
governor signs the agreement personally or by means of an	1062
authenticating officer pursuant to section 107.15 of the Revised	1063
Code, the director then may conduct statewide joint lottery games	1064
under the agreement. Before the governor directs the director to	1065
enter into an agreement, the commission may begin discussions and	1066
the planning process for a statewide joint lottery game, but the	1067
commission shall not file the rules for the game under division	1068
(B) or (H) of section 119.03 of the Revised Code before the	1069
governor directs the director to enter into the agreement.	1070

(3) The entire net proceeds from any statewide joint lottery	1071
games shall be used to fund elementary, secondary, vocational, and	1072
special education programs in this state.	1073

(4) The commission shall conduct any statewide joint lottery	1074
games in accordance with rules it adopts under division (B)(5) of	1075
section 3770.03 of the Revised Code.	1076

(K)(1) The director shall enter into an agreement with the	1077
department of mental health and addiction services under which the	1078
department shall provide a program of gambling addiction services	1079
on behalf of the commission. The commission shall pay the costs of	1080
the program provided pursuant to the agreement.	1081

(2) As used in this section, "gambling addiction services"	1082
has the same meaning as in section 5119.01 of the Revised Code.	1083

Sec. 3770.05. (A) As used in this section, "person" means	1084
any person, association, corporation, partnership, club, trust,	1085
estate, society, receiver, trustee, person acting in a fiduciary	1086
or representative capacity, instrumentality of the state or any of	1087
its political subdivisions, or any other combination of	1088
individuals meeting the requirements set forth in this section or	1089
established by rule or order of the state lottery commission.	1090

(B) The director of the state lottery commission may license	1091
any person as a lottery sales agent. No license shall be issued to	1092
any person or group of persons to engage in the sale of lottery	1093
tickets as the person's or group's sole occupation or business.	1094

Before issuing any license to a lottery sales agent, the	1095
director shall consider all of the following:	1096

(1) The financial responsibility and security of the	1097
applicant and the applicant's business or activity;	1098

(2) The accessibility of the applicant's place of business or	1099
activity to the public;	1100

(3) The sufficiency of existing licensed agents to serve the	1101
public interest;	1102

(4) The volume of expected sales by the applicant;

1103

(5) Any other factors pertaining to the public interest,	1104
convenience, or trust.	1105

(C) Except as otherwise provided in division (F) of this	1106
section, the director of the state lottery commission shall refuse	1107
to grant, or shall suspend or revoke, a license if the applicant	1108
or licensee:	1109

(1) Has been convicted of a felony or has been convicted of a	1110
crime involving moral turpitude;	1111

(2) Has been convicted of an offense that involves illegal	1112
gambling;	1113

(3) Has been found guilty of fraud or misrepresentation in	1114
any connection;	1115

(4) Has been found to have violated any rule or order of the	1116
commission; or	1117

(5) Has been convicted of illegal trafficking in supplemental	1118
nutrition assistance program benefits.	1119

(D) Except as otherwise provided in division (F) of this	1120
section, the director of the state lottery commission shall refuse	1121
to grant, or shall suspend or revoke, a license if the applicant	1122
or licensee is a corporation and any of the following applies:	1123

(1) Any of the corporation's directors, officers, or	1124
controlling shareholders has been found guilty of any of the	1125
activities specified in divisions (C)(1) to (5) of this section;	1126

(2) It appears to the director of the state lottery	1127
commission that, due to the experience, character, or general	1128
fitness of any director, officer, or controlling shareholder of	1129
the corporation, the granting of a license as a lottery sales	1130
agent would be inconsistent with the public interest, convenience,	1131
or trust;	1132

(3) The corporation is not the owner or lessee of the	1133
business at which it would conduct a lottery sales agency pursuant	1134
to the license applied for;	1135

(4) Any person, firm, association, or corporation other than	1136
the applicant or licensee shares or will share in the profits of	1137
the applicant or licensee, other than receiving dividends or	1138
distributions as a shareholder, or participates or will	1139
participate in the management of the affairs of the applicant or	1140
licensee.	1141

(E)(1) The director of the state lottery commission shall	1142
refuse to grant a license to an applicant for a lottery sales	1143
agent license and shall revoke a lottery sales agent license if	1144
the applicant or licensee is or has been convicted of a violation	1145
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	1146

(2) The director shall refuse to grant a license to an	1147
applicant for a lottery sales agent license that is a corporation	1148
and shall revoke the lottery sales agent license of a corporation	1149
if the corporation is or has been convicted of a violation of	1150
division (A) or (C)(1) of section 2913.46 of the Revised Code.	1151

(F) The director of the state lottery commission shall	1152
request the bureau of criminal identification and investigation,	1153
the department of public safety, or any other state, local, or	1154
federal agency to supply the director with the criminal records of	1155
any applicant for a lottery sales agent license, and may	1156
periodically request the criminal records of any person to whom a	1157
lottery sales agent license has been issued. At or prior to the	1158
time of making such a request, the director shall require an	1159
applicant or licensee to obtain fingerprint impressions on	1160
fingerprint cards prescribed by the superintendent of the bureau	1161
of criminal identification and investigation at a qualified law	1162
enforcement agency, and the director shall cause those fingerprint	1163
cards to be forwarded to the bureau of criminal identification and	1164
investigation, to the federal bureau of investigation, or to both	1165
bureaus. The commission shall assume the cost of obtaining the	1166
fingerprint cards.	1167

The director shall pay to each agency supplying criminal	1168
records for each investigation a reasonable fee, as determined by	1169
the agency.	1170

The commission may adopt uniform rules specifying time	1171
periods after which the persons described in divisions (C)(1) to	1172
(5) and (D)(1) to (4) of this section may be issued a license and	1173
establishing requirements for those persons to seek a court order	1174
to have records sealed in accordance with law.	1175

(G)(1) Each applicant for a lottery sales agent license shall	1176
do both of the following:	1177

(a) Pay fees to the state lottery commission, if required by	1178
rule adopted by the director under Chapter 119. of the Revised	1179
Code ~~and the controlling board approves the fees~~;	1180

(b) Prior to approval of the application, obtain a surety	1181
bond in an amount the director determines by rule adopted under	1182
Chapter 119. of the Revised Code or, alternatively, with the	1183
director's approval, deposit the same amount into a dedicated	1184
account for the benefit of the state lottery. The director also	1185
may approve the obtaining of a surety bond to cover part of the	1186
amount required, together with a dedicated account deposit to	1187
cover the remainder of the amount required. The director also may	1188
establish an alternative program or policy, with the approval of	1189
the commission by rule adopted under Chapter 119. of the Revised	1190
Code, that otherwise ensures the lottery's financial interests are	1191
adequately protected. If such an alternative program or policy is	1192
established, an applicant or lottery sales agent, subject to the	1193
director's approval, may be permitted to participate in the	1194
program or proceed under that policy in lieu of providing a surety	1195
bond or dedicated amount.	1196

A surety bond may be with any company that complies with the	1197
bonding and surety laws of this state and the requirements	1198
established by rules of the commission pursuant to this chapter. A	1199
dedicated account deposit shall be conducted in accordance with	1200
policies and procedures the director establishes.	1201

A surety bond, dedicated account, other established program	1202
or policy, or any combination of these resources, as applicable,	1203
may be used to pay for the lottery sales agent's failure to make	1204
prompt and accurate payments for lottery ticket sales, for missing	1205
or stolen lottery tickets, for damage to equipment or materials	1206
issued to the lottery sales agent, or to pay for expenses the	1207
commission incurs in connection with the lottery sales agent's	1208
license.	1209

(2) A lottery sales agent license is effective for at least	1210
one year, but not more than three years.	1211

A licensed lottery sales agent, on or before the date	1212
established by the director, shall renew the agent's license and	1213
provide at that time evidence to the director that the surety	1214
bond, dedicated account deposit, or both, required under division	1215
(G)(1)(b) of this section has been renewed or is active, whichever	1216
applies.	1217

Before the commission renews a lottery sales agent license,	1218
the lottery sales agent shall submit a renewal fee to the	1219
commission, if one is required by rule adopted by the director	1220
under Chapter 119. of the Revised Code ~~and the controlling board~~	1221
~~approves the renewal fee~~. The renewal fee shall not exceed the	1222
actual cost of administering the license renewal and processing	1223
changes reflected in the renewal application. The renewal of the	1224
license is effective for at least one year, but not more than	1225
three years.	1226

(3) A lottery sales agent license shall be complete,	1227
accurate, and current at all times during the term of the license.	1228
Any changes to an original license application or a renewal	1229
application may subject the applicant or lottery sales agent, as	1230
applicable, to paying an administrative fee that shall be in an	1231
amount that the director determines by rule adopted under Chapter	1232
119. of the Revised Code, ~~that the controlling board approves,~~ and	1233
that shall not exceed the actual cost of administering and	1234
processing the changes to an application.	1235

(4) The relationship between the commission and a lottery	1236
sales agent is one of trust. A lottery sales agent collects funds	1237
on behalf of the commission through the sale of lottery tickets	1238
for which the agent receives a compensation.	1239

(H) Pending a final resolution of any question arising under	1240
this section, the director of the state lottery commission may	1241
issue a temporary lottery sales agent license, subject to the	1242
terms and conditions the director considers appropriate.	1243

(I) If a lottery sales agent's rental payments for the	1244
lottery sales agent's premises are determined, in whole or in	1245
part, by the amount of retail sales the lottery sales agent makes,	1246
and if the rental agreement does not expressly provide that the	1247
amount of those retail sales includes the amounts the lottery	1248
sales agent receives from lottery ticket sales, only the amounts	1249
the lottery sales agent receives as compensation from the state	1250
lottery commission for selling lottery tickets shall be considered	1251
to be amounts the lottery sales agent receives from the retail	1252
sales the lottery sales agent makes, for the purpose of computing	1253
the lottery sales agent's rental payments.	1254

Sec. 3772.01. As used in this chapter:

1255

(A) "Applicant" means any person who applies to the	1256
commission for a license under this chapter.	1257

(B) "Casino control commission fund" means the casino control	1258
commission fund described in Section 6(C)(3)(d) of Article XV,	1259
Ohio Constitution, the money in which shall be used to fund the	1260
commission and its related affairs.	1261

(C) "Casino facility" means a casino facility as defined in	1262
Section 6(C)(9) of Article XV, Ohio Constitution.	1263

(D) "Casino game" means any slot machine or table game as	1264
defined in this chapter.	1265

(E) "Casino gaming" means any type of slot machine or table	1266
game wagering, using money, casino credit, or any representative	1267
of value, authorized in any of the states of Indiana, Michigan,	1268
Pennsylvania, and West Virginia as of January 1, 2009, and	1269
includes slot machine and table game wagering subsequently	1270
authorized by, but shall not be limited by, subsequent	1271
restrictions placed on such wagering in such states. "Casino	1272
gaming" does not include bingo, as authorized in Section 6 of	1273
Article XV, Ohio Constitution and conducted as of January 1, 2009,	1274
or horse racing where the pari-mutuel system of wagering is	1275
conducted, as authorized under the laws of this state as of	1276
January 1, 2009.	1277

(F) "Casino gaming employee" means any employee of a casino	1278
operator or management company, but not a key employee, and as	1279
further defined in section 3772.131 of the Revised Code.	1280

(G) "Casino operator" means any person, trust, corporation,	1281
partnership, limited partnership, association, limited liability	1282
company, or other business enterprise that directly or indirectly	1283
holds an ownership or leasehold interest in a casino facility.	1284
"Casino operator" does not include an agency of the state, any	1285
political subdivision of the state, any person, trust,	1286
corporation, partnership, limited partnership, association,	1287
limited liability company, or other business enterprise that may	1288
have an interest in a casino facility, but who is legally or	1289
contractually restricted from conducting casino gaming.	1290

(H) "Central system" means a computer system that provides	1291
the following functions related to casino gaming equipment used in	1292
connection with casino gaming authorized under this chapter or	1293
skill-based amusement machine equipment used in accordance with	1294
this chapter and Chapter 2915. of the Revised Code: security,	1295
auditing, data and information retrieval, and other purposes	1296
deemed necessary and authorized by the commission.	1297

(I) "Cheat" means to alter the result of a casino game, the	1298
element of chance, the operation of a machine used in a casino	1299
game, or the method of selection of criteria that determines (a)	1300
the result of the casino game, (b) the amount or frequency of	1301
payment in a casino game, (c) the value of a wagering instrument,	1302
or (d) the value of a wagering credit. "Cheat" does not include an	1303
individual who, without the assistance of another individual or	1304
without the use of a physical aid or device of any kind, uses the	1305
individual's own ability to keep track of the value of cards	1306
played and uses predictions formed as a result of the tracking	1307
information in the individual's playing and betting strategy.	1308

(J) "Commission" means the Ohio casino control commission.

1309

(K) "Gaming agent" means a peace officer employed by the	1310
commission that is vested with duties to enforce this chapter and	1311
conduct other investigations into the conduct of the casino gaming	1312
and the maintenance of the equipment that the commission considers	1313
necessary and proper and is in compliance with section 109.77 of	1314
the Revised Code.	1315

(L) "Gaming-related vendor" means any individual,	1316
partnership, corporation, association, trust, or any other group	1317
of individuals, however organized, who supplies gaming-related	1318
equipment, goods, or services to a casino operator or management	1319
company, that are directly related to or affect casino gaming	1320
authorized under this chapter, including, but not limited to, the	1321
manufacture, sale, distribution, or repair of slot machines and	1322
table game equipment, or who supplies skill-based amusement	1323
machine equipment, goods, or services to a skill-based amusement	1324
machine operator.	1325

(M) "Holding company" means any corporation, firm,	1326
partnership, limited partnership, limited liability company,	1327
trust, or other form of business organization not a natural person	1328
which directly or indirectly does any of the following:	1329

(1) Has the power or right to control a casino operator,	1330
management company, skill-based amusement machine operator, or	1331
gaming-related vendor license applicant or licensee;	1332

(2) Holds an ownership interest of five per cent or more, as	1333
determined by the commission, in a casino operator, management	1334
company, skill-based amusement machine operator, or gaming-related	1335
vendor license applicant or licensee;	1336

(3) Holds voting rights with the power to vote five per cent	1337
or more of the outstanding voting rights of a casino operator,	1338
management company, skill-based amusement machine operator, or	1339
gaming-related vendor applicant or licensee.	1340

(N) "Initial investment" includes costs related to	1341
demolition, engineering, architecture, design, site preparation,	1342
construction, infrastructure improvements, land acquisition,	1343
fixtures and equipment, insurance related to construction, and	1344
leasehold improvements.	1345

(O) "Institutional investor" means any of the following	1346
entities owning five per cent or more, but less than fifteen per	1347
cent, of an ownership interest in a casino facility, casino	1348
operator, management company, skill-based amusement machine	1349
operator, gaming-related vendor, or holding company: a	1350
corporation, bank, insurance company, pension fund or pension fund	1351
trust, retirement fund, including funds administered by a public	1352
agency, employees' profit-sharing fund or employees'	1353
profit-sharing trust, any association engaged, as a substantial	1354
part of its business or operations, in purchasing or holding	1355
securities, including a hedge fund, mutual fund, or private equity	1356
fund, or any trust in respect of which a bank is trustee or	1357
cotrustee, investment company registered under the "Investment	1358
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	1359
investment trust organized by banks under Part Nine of the Rules	1360
of the Comptroller of the Currency, closed-end investment trust,	1361
chartered or licensed life insurance company or property and	1362
casualty insurance company, investment advisor registered under	1363
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	1364
and such other persons as the commission may reasonably determine	1365
to qualify as an institutional investor for reasons consistent	1366
with this chapter, and that does not exercise control over the	1367
affairs of a licensee and its ownership interest in a licensee is	1368
for investment purposes only, as set forth in division (E) of	1369
section 3772.10 of the Revised Code.	1370

(P) "Key employee" means any executive, employee, or agent	1371
who has the power to exercise significant influence over decisions	1372
concerning any part of the operation of a casino operator or,	1373
management company ~~licensee having the power to exercise~~	1374
~~significant influence over decisions concerning any part of the~~	1375
~~operation of such licensee~~, skill-based amusement machine	1376
operator, holding company, or gaming-related vendor, including:	1377

(1) An officer, director, trustee, or partner of a person	1378
that has applied for or holds a casino operator, management	1379
company, skill-based amusement machine operator, or gaming-related	1380
vendor license or of a holding company that has control of a	1381
person that has applied for or holds a casino operator, management	1382
company, skill-based amusement machine operator, or gaming-related	1383
vendor license;	1384

(2) A person that holds a direct or indirect ownership	1385
interest of more than one per cent in a person that has applied	1386
for or holds a casino operator, management company, skill-based	1387
amusement machine operator, or gaming-related vendor license or	1388
holding company that has control of a person that has applied for	1389
or holds a casino operator, management company, skill-based	1390
amusement machine operator, or gaming-related vendor license;	1391

(3) A managerial employee who performs the function of	1392
principal executive officer, principal operating officer,	1393
principal accounting officer, or an equivalent officer or other	1394
person the commission determines has the power to exercise	1395
significant influence over decisions concerning any part of the	1396
operation of a person that has applied for or holds a casino	1397
operator, management company, skill-based amusement machine	1398
operator, or gaming-related vendor license in Ohio, or a	1399
~~managerial employee~~ of a holding company that has control of a	1400
person that has applied for or holds ~~a casino operator or~~	1401
~~gaming-related vendor license in Ohio, who performs the function~~	1402
~~of principal executive officer, principal operating officer,~~	1403
~~principal accounting officer, or an equivalent officer or other~~	1404
~~person the commission determines to have the power to exercise~~	1405
~~significant influence over decisions concerning any part of the~~	1406
~~operation of~~ such ~~licensee~~a license.	1407

The commission shall determine whether an individual whose	1408
duties or status varies from those described in this division also	1409
is considered a key employee.	1410

(Q) "Licensed casino operator" means a casino operator that	1411
has been issued a license by the commission and that has been	1412
certified annually by the commission to have paid all applicable	1413
fees, taxes, and debts to the state.	1414

(R) "Majority ownership interest" in a license or in a casino	1415
facility, as the case may be, means ownership of more than fifty	1416
per cent of such license or casino facility, as the case may be.	1417
For purposes of the foregoing, whether a majority ownership	1418
interest is held in a license or in a casino facility, as the case	1419
may be, shall be determined under the rules for constructive	1420
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	1421
in effect on January 1, 2009.	1422

(S) "Management company" means an organization retained by a	1423
casino operator to manage a casino facility and provide services	1424
such as accounting, general administration, maintenance,	1425
recruitment, and other operational services.	1426

(T) "Ohio law enforcement training fund" means the state law	1427
enforcement training fund described in Section 6(C)(3)(f) of	1428
Article XV, Ohio Constitution, the money in which shall be used to	1429
enhance public safety by providing additional training	1430
opportunities to the law enforcement community.	1431

(U) "Person" includes, but is not limited to, an individual	1432
or a combination of individuals; a sole proprietorship, a firm, a	1433
company, a joint venture, a partnership of any type, a joint-stock	1434
company, a corporation of any type, a corporate subsidiary of any	1435
type, a limited liability company, a business trust, or any other	1436
business entity or organization; an assignee; a receiver; a	1437
trustee in bankruptcy; an unincorporated association, club,	1438
society, or other unincorporated entity or organization; entities	1439
that are disregarded for federal income tax purposes; and any	1440
other nongovernmental, artificial, legal entity that is capable of	1441
engaging in business.	1442

(V) "Problem casino gambling and addictions fund" means the	1443
state problem gambling and addictions fund described in Section	1444
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	1445
shall be used for treatment of problem gambling and substance	1446
abuse, and for related research.	1447

(W) "Promotional gaming credit" means a slot machine or table	1448
game credit, discount, or other similar item issued to a patron to	1449
enable the placement of, or increase in, a wager at a slot machine	1450
or table game.	1451

(X) "Skill-based amusement machine" has the same meaning as	1452
in section 2915.01 of the Revised Code.	1453

(Y) "Skill-based amusement machine operator" means a person	1454
that provides skill-based amusement machines to a player or	1455
participant.	1456

(Z) "Slot machine" means any mechanical, electrical, or other	1457
device or machine which, upon insertion of a coin, token, ticket,	1458
or similar object, or upon payment of any consideration, is	1459
available to play or operate, the play or operation of which,	1460
whether by reason of the skill of the operator or application of	1461
the element of chance, or both, makes individual prize	1462
determinations for individual participants in cash, premiums,	1463
merchandise, tokens, or any thing of value, whether the payoff is	1464
made automatically from the machine or in any other manner, but	1465
does not include any device that is a skill-based amusement	1466
machine, as defined in section 2915.01 of the Revised Code.	1467

~~(Y)~~(AA) "Table game" means any game played with cards, dice,	1468
or any mechanical, electromechanical, or electronic device or	1469
machine for money, casino credit, or any representative of value.	1470
"Table game" does not include slot machines.	1471

~~(Z)~~(BB) "Upfront license" means the first plenary license	1472
issued to a casino operator.	1473

~~(AA)~~(CC) "Voluntary exclusion program" means a program	1474
provided by the commission that allows persons to voluntarily	1475
exclude themselves from the gaming areas of facilities under the	1476
jurisdiction of the commission by placing their name on a	1477
voluntary exclusion list and following the procedures set forth by	1478
the commission.	1479

Sec. 3772.02. (A) There is hereby created the Ohio casino	1480
control commission described in Section 6(C)(1) of Article XV,	1481
Ohio Constitution.	1482

(B) The commission shall consist of seven members appointed	1483
within one month of ~~the effective date of this section~~September	1484
10, 2010, by the governor with the advice and consent of the	1485
senate. The governor shall forward all appointments to the senate	1486
within twenty-four hours.	1487

(1) Each commission member is eligible for reappointment at	1488
the discretion of the governor. No commission member shall be	1489
appointed for more than three terms in total.	1490

(2) Each commission member shall be a resident of Ohio.

1491

(3) At least one commission member shall be experienced in	1492
law enforcement and criminal investigation.	1493

(4) At least one commission member shall be a certified	1494
public accountant experienced in accounting and auditing.	1495

(5) At least one commission member shall be an attorney	1496
admitted to the practice of law in Ohio.	1497

(6) At least one commission member shall be a resident of a	1498
county where one of the casino facilities is located.	1499

(7) Not more than four commission members shall be of the	1500
same political party.	1501

(8) No commission member shall have any affiliation with an	1502
Ohio casino operator or facility.	1503

(C) Commission members shall serve four-year terms, except	1504
that when the governor makes initial appointments to the	1505
commission under this chapter, the governor shall appoint three	1506
members to serve four-year terms with not more than two such	1507
members from the same political party, two members to serve	1508
three-year terms with such members not being from the same	1509
political party, and two members to serve two-year terms with such	1510
members not being from the same political party.	1511

(D) Each commission member shall hold office from the date of	1512
appointment until the end of the term for which the member was	1513
appointed. Any member appointed to fill a vacancy occurring before	1514
the expiration of the term for which the member's predecessor was	1515
appointed shall hold office for the remainder of the unexpired	1516
term. Any member shall continue in office after the expiration	1517
date of the member's term until the member's successor takes	1518
office, or until a period of sixty days has elapsed, whichever	1519
occurs first. A vacancy in the commission membership shall be	1520
filled in the same manner as the original appointment.	1521

(E) The governor shall select one member to serve as	1522
chairperson and the commission members shall select one member	1523
from a different party than the chairperson to serve as	1524
vice-chairperson. The governor may remove and replace the	1525
chairperson at any time. No such member shall serve as chairperson	1526
for more than six successive years. The vice-chairperson shall	1527
assume the duties of the chairperson in the absence of the	1528
chairperson. The chairperson and vice-chairperson shall perform	1529
but shall not be limited to additional duties as are prescribed by	1530
commission rule.	1531

(F) A commission member is not required to devote the	1532
member's full time to membership on the commission. Each member of	1533
the commission shall receive compensation of ~~sixty~~thirty thousand	1534
dollars per year, payable in monthly installments ~~for the first~~	1535
~~four years of the commission's existence~~. Each member shall	1536
receive the member's actual and necessary expenses incurred in the	1537
discharge of the member's official duties.	1538

(G) The governor shall not appoint an individual to the	1539
commission, and an individual shall not serve on the commission,	1540
if the individual has been convicted of or pleaded guilty or no	1541
contest to a disqualifying offense as defined in section 3772.07	1542
of the Revised Code. Members coming under indictment or bill of	1543
information of a disqualifying offense shall resign from the	1544
commission immediately upon indictment.	1545

(H) At least five commission members shall be present for the	1546
commission to meet. The concurrence of four members is necessary	1547
for the commission to take any action. All members shall vote on	1548
the adoption of rules, and the approval of, and the suspension or	1549
revocation of, the licenses of casino operators or management	1550
companies, unless a member has a written leave of absence filed	1551
with and approved by the chairperson.	1552

(I) A commission member may be removed or suspended from	1553
office in accordance with section 3.04 of the Revised Code.	1554

(J) Each commission member, before entering upon the	1555
discharge of the member's official duties, shall make an oath to	1556
uphold the Ohio Constitution and laws of the state of Ohio and	1557
shall give a bond, payable by the commission, to the treasurer of	1558
state, in the sum of ten thousand dollars with sufficient sureties	1559
to be approved by the treasurer of state, which bond shall be	1560
filed with the secretary of state.	1561

(K) The commission shall hold one regular meeting each month	1562
and shall convene other meetings at the request of the chairperson	1563
or a majority of the members. A member who fails to attend at	1564
least three-fifths of the regular and special meetings of the	1565
commission during any two-year period forfeits membership on the	1566
commission. All meetings of the commission shall be open meetings	1567
under section 121.22 of the Revised Code except as otherwise	1568
allowed by law.	1569

Sec. 3772.03. (A) To ensure the integrity of casino gaming	1570
and skill-based amusement machines, the commission shall have	1571
authority to complete the functions of licensing, regulating,	1572
investigating, and penalizing casino operators, management	1573
companies, holding companies, key employees, casino gaming	1574
employees, skill-based amusement machine operators, and	1575
gaming-related vendors. The commission also shall have	1576
jurisdiction over all persons participating in casino gaming	1577
authorized by Section 6(C) of Article XV, Ohio Constitution, and	1578
this chapter and in skill-based amusement machine operations	1579
authorized by this chapter and Chapter 2915. of the Revised Code.	1580

(B) All rules adopted by the commission under this chapter	1581
shall be adopted under procedures established in Chapter 119. of	1582
the Revised Code. The commission may contract for the services of	1583
experts and consultants to assist the commission in carrying out	1584
its duties under this section.	1585

(C) ~~Within six months of September 10, 2010, the~~The	1586
commission shall adopt ~~initial~~ rules as are necessary for	1587
completing the functions stated in division (A) of this section	1588
and for addressing the subjects enumerated in division (D) of this	1589
section.	1590

(D) The commission shall adopt, and as advisable and	1591
necessary shall amend or repeal, rules that include all of the	1592
following:	1593

(1) The prevention of practices detrimental to the public	1594
interest;	1595

(2) Prescribing the method of applying, and the form of	1596
application, that an applicant for a license under this chapter	1597
must follow as otherwise described in this chapter;	1598

(3) Prescribing the information to be furnished by an	1599
applicant or licensee as described in ~~section 3772.11 of the~~	1600
~~Revised Code~~this chapter;	1601

(4) Describing the certification standards and duties of an	1602
independent testing laboratory certified under section 3772.31 of	1603
the Revised Code and the relationship between the commission, the	1604
laboratory, the gaming-related vendor, and the casino operator,	1605
management company, or skill-based amusement machine operator;	1606

(5) The minimum amount of insurance that must be maintained	1607
by a casino operator, management company, skill-based amusement	1608
machine operator, holding company, or gaming-related vendor;	1609

(6) The approval process for a significant change in	1610
ownership or transfer of control of a licensee as provided in	1611
section 3772.091 of the Revised Code;	1612

(7) The design of casino gaming and skill-based amusement	1613
machine supplies, devices, and equipment to be distributed by	1614
gaming-related vendors;	1615

(8) Identifying the casino gaming that is permitted,	1616
identifying the casino gaming and skill-based amusement machine	1617
supplies, devices, and equipment, that are permitted, defining the	1618
area in which the permitted casino gaming may be conducted, and	1619
specifying the method of operation according to which the	1620
permitted casino gaming is to be conducted as provided in section	1621
3772.20 of the Revised Code, and requiring casino gaming and	1622
skill-based amusement machine devices and equipment to meet the	1623
standards of this state;	1624

(9) Tournament play in any casino facility;

1625

(10) Establishing and implementing a voluntary exclusion	1626
program that provides all of the following:	1627

(a) Except as provided by commission rule, a person who	1628
participates in the program shall agree to refrain from entering a	1629
casino facility.	1630

(b) The name of a person participating in the program shall	1631
be included on a list of persons excluded from all casino	1632
facilities.	1633

(c) Except as provided by commission rule, no person who	1634
participates in the program shall petition the commission for	1635
admittance into a casino facility.	1636

(d) The list of persons participating in the program and the	1637
personal information of those persons shall be confidential and	1638
shall only be disseminated by the commission to a casino operator	1639
and the agents and employees of the casino operator for purposes	1640
of enforcement and to other entities, upon request of the	1641
participant and agreement by the commission.	1642

(e) A casino operator shall make all reasonable attempts as	1643
determined by the commission to cease all direct marketing efforts	1644
to a person participating in the program.	1645

(f) A casino operator shall not cash the check of a person	1646
participating in the program or extend credit to the person in any	1647
manner. However, the program shall not exclude a casino operator	1648
from seeking the payment of a debt accrued by a person before	1649
participating in the program.	1650

(g) Any and all locations at which a person may register as a	1651
participant in the program shall be published.	1652

(h) A person who enters a casino facility while participating	1653
in the program shall surrender any money or thing of value that	1654
the person has converted or attempted to convert into a wagering	1655
instrument, including, but not limited to, chips, tokens, prizes,	1656
jackpots, non-complimentary pay vouchers, cash, cash equivalents,	1657
electronic credits, and vouchers representing electronic credits,	1658
to the commission for deposit in the problem casino gambling and	1659
addictions fund.	1660

(11) Requiring the commission to adopt standards regarding	1661
the marketing materials of a licensed casino operator and	1662
skill-based amusement machine operator, including allowing the	1663
commission to prohibit marketing materials that are contrary to	1664
the adopted standards;	1665

(12) Requiring that the records, including financial	1666
statements, of any casino operator, management company,	1667
skill-based amusement machine operator, holding company, and	1668
gaming-related vendor be maintained in the manner prescribed by	1669
the commission and made available for inspection upon demand by	1670
the commission, but shall be subject to section 3772.16 of the	1671
Revised Code;	1672

(13) Permitting a licensed casino operator, management	1673
company, skill-based amusement machine operator, key employee, or	1674
casino gaming employee to question a person suspected of violating	1675
this chapter;	1676

(14) The chips, tokens, tickets, electronic cards, or similar	1677
objects that may be purchased by means of an agreement under which	1678
credit is extended to a wagerer by a casino operator;	1679

(15) Establishing standards for provisional key employee	1680
licenses for a person who is required to be licensed as a key	1681
employee and is in exigent circumstances and standards for	1682
provisional licenses for casino gaming employees who submit	1683
complete applications and are compliant under an instant	1684
background check. A provisional license shall be valid not longer	1685
than three months. A provisional license may be renewed one time,	1686
at the commission's discretion, for an additional three months. In	1687
establishing standards with regard to instant background checks	1688
the commission shall take notice of criminal records checks as	1689
they are conducted under section 311.41 of the Revised Code using	1690
electronic fingerprint reading devices.	1691

(16) Establishing approval procedures for third-party	1692
engineering or accounting firms, as described in section 3772.09	1693
of the Revised Code;	1694

(17) Prescribing the manner in which winnings, compensation	1695
from casino gaming, and gross revenue must be computed and	1696
reported by a licensee as described in Chapter 5753. of the	1697
Revised Code and in which winnings or compensation from	1698
skill-based amusement machine operations must be computed and	1699
reported by a licensee under this chapter;	1700

(18) Prescribing conditions under which a licensee's license	1701
may be suspended or revoked as described in section 3772.04 of the	1702
Revised Code;	1703

(19) Prescribing the manner and procedure of all hearings to	1704
be conducted by the commission or by any hearing examiner;	1705

(20) Prescribing technical standards and requirements that	1706
are to be met by security and surveillance equipment that is used	1707
at and standards and requirements to be met by personnel who are	1708
employed at casino facilities, and standards and requirements for	1709
the provision of security at and surveillance of casino	1710
facilities;	1711

(21) Prescribing requirements for a casino operator to	1712
provide unarmed security services at a casino facility by licensed	1713
casino employees, and the training that shall be completed by	1714
these employees;	1715

(22) Prescribing standards according to which casino	1716
operators shall keep accounts and standards according to which	1717
casino accounts shall be audited, and establish means of assisting	1718
the tax commissioner in levying and collecting the gross casino	1719
revenue tax levied under section 5753.02 of the Revised Code, and	1720
standards according to which skill-based amusement machine	1721
operators shall keep accounts and standards according to which	1722
such accounts shall be audited;	1723

(23) Defining penalties for violation of commission rules and	1724
a process for imposing such penalties subject to the review of the	1725
joint committee on gaming and wagering;	1726

(24) Establishing standards for decertifying contractors that	1727
violate statutes or rules of this state or the federal government;	1728

(25) Establishing standards for the repair of casino gaming	1729
equipment and skill-based amusement machines;	1730

(26) Establishing procedures to ensure that casino operators,	1731
management companies, and holding companies are compliant with the	1732
compulsive and problem gambling plan submitted under section	1733
3772.18 of the Revised Code;	1734

(27) Prescribing, for institutional investors in or holding	1735
companies of a casino operator, management company, skill-based	1736
amusement machine operator, holding company, or gaming-related	1737
vendor that fall below the threshold needed to be considered an	1738
institutional investor or a holding company, standards regarding	1739
what any employees, members, or owners of those investors or	1740
holding companies may do and shall not do in relation to casino	1741
facilities and casino gaming or skill-based amusement machines in	1742
this state, which standards shall rationally relate to the need to	1743
proscribe conduct that is inconsistent with passive institutional	1744
investment status;	1745

(28) Providing for any other thing necessary and proper for	1746
successful and efficient regulation of casino gaming and	1747
skill-based amusement machines under this chapter.	1748

(E) The commission shall employ and assign gaming agents as	1749
necessary to assist the commission in carrying out the duties of	1750
this chapter and Chapter 2915. of the Revised Code. In order to	1751
maintain employment as a gaming agent, the gaming agent shall	1752
successfully complete all continuing training programs required by	1753
the commission and shall not have been convicted of or pleaded	1754
guilty or no contest to a disqualifying offense as defined in	1755
section 3772.07 of the Revised Code.	1756

(F) The commission, as a law enforcement agency, and its	1757
gaming agents, as law enforcement officers as defined in section	1758
2901.01 of the Revised Code, shall have authority with regard to	1759
the detection and investigation of, the seizure of evidence	1760
allegedly relating to, and the apprehension and arrest of persons	1761
allegedly committing ~~gaming~~violations of this chapter or gambling	1762
offenses as defined in section 2915.01 of the Revised Code or	1763
violating any other law of this state that may affect the	1764
integrity of casino gaming or the operation of skill-based	1765
amusement machines, and shall have access to casino facilities and	1766
skill-based amusement machine operators' facilities to carry out	1767
the requirements of this chapter.	1768

(G) The commission may eject or exclude or authorize the	1769
ejection or exclusion of and a gaming agent may eject a person	1770
from a casino facility for any of the following reasons:	1771

(1) The person's name is on the list of persons voluntarily	1772
excluding themselves from all casinos in a program established	1773
according to rules adopted by the commission;	1774

(2) The person violates or conspires to violate this chapter	1775
or a rule adopted thereunder; or	1776

(3) The commission determines that the person's conduct or	1777
reputation is such that the person's presence within a casino	1778
facility may call into question the honesty and integrity of the	1779
casino gaming operations or interfere with the orderly conduct of	1780
the casino gaming operations.	1781

(H) A person, other than a person participating in a	1782
voluntary exclusion program, may petition the commission for a	1783
public hearing on the person's ejection or exclusion under this	1784
chapter.	1785

(I) A casino operator or management company shall have the	1786
same authority to eject or exclude a person from the management	1787
company's casino facilities as authorized in division (G) of this	1788
section. The licensee shall immediately notify the commission of	1789
an ejection or exclusion.	1790

(J) The commission shall submit a written annual report with	1791
the governor, president and minority leader of the senate, speaker	1792
and minority leader of the house of representatives, and joint	1793
committee on gaming and wagering before the first day of September	1794
each year. The annual report shall include a statement describing	1795
the receipts and disbursements of the commission, relevant	1796
financial data regarding casino gaming, including gross revenues	1797
and disbursements made under this chapter, actions taken by the	1798
commission, an update on casino operators', management companies',	1799
and holding companies' compulsive and problem gambling plans and	1800
the voluntary exclusion program and list, and any additional	1801
information that the commission considers useful or that the	1802
governor, president or minority leader of the senate, speaker or	1803
minority leader of the house of representatives, or joint	1804
committee on gaming and wagering requests.	1805

(K) ~~Notwithstanding any law to the contrary, beginning on~~	1806
~~July 1, 2011, the~~The commission shall ~~assume~~have jurisdiction	1807
over and oversee the regulation of skill-based amusement machines	1808
as is provided in the law of this state.	1809

Sec. 3772.032. (A) The permanent joint committee on gaming	1810
and wagering is established. The committee consists of six	1811
members. The speaker of the house of representatives shall appoint	1812
to the committee three members of the house of representatives and	1813
the president of the senate shall appoint to the committee three	1814
members of the senate. Not more than two members appointed from	1815
each chamber may be members of the same political party. The	1816
chairperson shall be from the opposite house as the chairperson of	1817
the joint committee on agency rule review. If the chairperson is	1818
to be from the house of representatives, the speaker of the house	1819
of representatives shall designate a member as the chairperson and	1820
the president of the senate shall designate a member as the	1821
vice-chairperson. If the chairperson is to be from the senate, the	1822
president of the senate shall designate a member as the	1823
chairperson and the speaker of the house of representatives shall	1824
designate a member as the vice-chairperson.	1825

(B) The committee shall:

1826

(1) Review all constitutional amendments, laws, and rules	1827
governing the operation and administration of casino gaming and	1828
skill-based amusement machines and all authorized gaming and	1829
wagering activities and recommend to the general assembly and	1830
commission any changes it may find desirable with respect to the	1831
language, structure, and organization of those amendments, laws,	1832
or rules;	1833

(2) Make an annual report to the governor and to the general	1834
assembly with respect to the operation and administration of	1835
casino gaming and skill-based amusement machines;	1836

(3) Review all changes of fees and penalties as provided in	1837
this chapter and rules adopted thereunder; and	1838

(4) Study all proposed changes to the constitution and laws	1839
of this state and to the rules adopted by the commission governing	1840
the operation and administration of casino gaming and skill-based	1841
amusement machines, and report to the general assembly on their	1842
adequacy and desirability as a matter of public policy.	1843

(C) Any study, or any expense incurred, in furtherance of the	1844
committee's objectives shall be paid for from, or out of, the	1845
casino control commission fund or other appropriation provided by	1846
law. The members shall receive no additional compensation, but	1847
shall be reimbursed for actual and necessary expenses incurred in	1848
the performance of their official duties.	1849

Sec. 3772.033. In carrying out the responsibilities vested in	1850
the commission by this chapter, the commission may do all the	1851
following and may designate any such responsibilities to the	1852
executive director, to the commission's employees, or to the	1853
gaming agents:	1854

(A) Inspect and examine all premises where casino gaming is	1855
conducted, skill-based amusement machines are operated, or where	1856
casino gaming or skill-based amusement machine supplies, devices,	1857
or equipment are manufactured, sold, or distributed;	1858

(B) Inspect all casino gaming or skill-based amusement	1859
machine supplies, devices, and equipment in or about a casino	1860
facility or skill-based amusement machine operator facility;	1861

(C) Summarily impound and seize and remove from the casino	1862
facility or skill-based amusement machine operator facility	1863
premises casino gaming or skill-based amusement machine supplies,	1864
devices, and equipment for the purpose of examination and	1865
inspection;	1866

(D) Determine any facts, or any conditions, practices, or	1867
other matters, as the commission considers necessary or proper to	1868
aid in the enforcement of this chapter or of a rule adopted	1869
thereunder;	1870

(E) Audit casino gaming or skill-based amusement machine	1871
operations, including those that have ceased operation;	1872

(F) Investigate, for the purpose of prosecution, any	1873
suspected violation of this chapter or rules adopted thereunder or	1874
of Chapter 2915. of the Revised Code or any other law of this	1875
state that may affect the integrity of casino gaming or operation	1876
of skill-based amusement machines;	1877

(G) Investigate as appropriate to aid the commission and to	1878
seek the executive director's advice in adopting rules;	1879

(H) Secure information as is necessary to provide a basis for	1880
recommending legislation for the improvement of this chapter;	1881

(I) Make, execute, and otherwise effectuate all contracts and	1882
other agreements, including contracts for necessary purchases of	1883
goods and services. Except for any contract entered into with	1884
independent testing laboratories under section 3772.31 of the	1885
Revised Code, the commission shall ensure use of Ohio products or	1886
services in compliance with sections 125.09 and 125.11 of the	1887
Revised Code and all rules adopted thereunder.	1888

(J) Employ the services of persons the commission considers	1889
necessary for the purposes of consultation or investigation, and	1890
fix the salaries of, or contract for the services of, legal,	1891
accounting, technical, operational, and other personnel and	1892
consultants;	1893

(K) Secure, by agreement, information and services as the	1894
commission considers necessary from any state agency or other unit	1895
of state government;	1896

(L) Acquire furnishings, equipment, supplies, stationery,	1897
books, and all other things the commission considers necessary or	1898
desirable to successfully and efficiently carry out the	1899
commission's duties and functions; and	1900

(M) Perform all other things the commission considers	1901
necessary to effectuate the intents and purposes of this chapter	1902
and Chapter 2915. of the Revised Code. This section shall not	1903
prohibit the commission from imposing administrative discipline,	1904
including fines and suspension or revocation of licenses, on	1905
licensees under this chapter if the licensee is found to be in	1906
violation of the commission's rules.	1907

Sec. 3772.04. (A)(1) If the commission concludes that a	1908
license required by this chapter should be limited, conditioned,	1909
restricted, suspended, revoked, denied, or not renewed, the	1910
commission may, and if so requested by a licensee or applicant,	1911
shall, conduct a hearing in an adjudication under Chapter 119. of	1912
the Revised Code. After notice and opportunity for a hearing, the	1913
commission may limit, condition, restrict, suspend, revoke, deny,	1914
or not renew a license under rules adopted by the commission. The	1915
commission may reopen a licensing adjudication at any time.	1916

(2) The commission shall appoint a hearing examiner to	1917
conduct the hearing in the adjudication. A party to the	1918
adjudication may file written objections to the hearing examiner's	1919
report and recommendations not later than the thirtieth day after	1920
they are served upon the party or the party's attorney or other	1921
representative of record. The commission shall not take up the	1922
hearing examiner's report and recommendations earlier than the	1923
thirtieth day after the hearing examiner's report and	1924
recommendations were submitted to the commission.	1925

(3) If the commission finds that a person fails or has failed	1926
to meet any requirement under this chapter or a rule adopted	1927
thereunder or under Chapter 2915. of the Revised Code, or violates	1928
or has violated this chapter or a rule adopted thereunder or	1929
Chapter 2915. of the Revised Code or a rule adopted thereunder,	1930
the commission may issue an order:	1931

(a) Limiting, conditioning, restricting, suspending,	1932
revoking, denying, or not renewing, a license issued under this	1933
chapter;	1934

(b) Requiring a casino facility to exclude a licensee from	1935
the casino facility or requiring a casino facility not to pay to	1936
the licensee any remuneration for services or any share of	1937
profits, income, or accruals on the licensee's investment in the	1938
casino facility; or	1939

(c) Fining a licensee or other person according to the	1940
penalties adopted by the commission.	1941

(4) An order may be judicially reviewed under section 119.12	1942
of the Revised Code.	1943

(B) Without in any manner limiting the authority of the	1944
commission to impose the level and type of discipline the	1945
commission considers appropriate, the commission may take into	1946
consideration the following:	1947

(1) If the licensee knew or reasonably should have known that	1948
the action complained of was a violation of any law, rule, or	1949
condition on the licensee's license;	1950

(2) If the licensee has previously been disciplined by the	1951
commission;	1952

(3) If the licensee has previously been subject to discipline	1953
by the commission concerning the violation of any law, rule, or	1954
condition of the licensee's license;	1955

(4) If the licensee reasonably relied upon professional	1956
advice from a lawyer, doctor, accountant, or other recognized	1957
professional that was relevant to the action resulting in the	1958
violation;	1959

(5) If the licensee or the licensee's employer had a	1960
reasonably constituted and functioning compliance program;	1961

(6) If the imposition of a condition requiring the licensee	1962
to establish and implement a written self-enforcement and	1963
compliance program would assist in ensuring the licensee's future	1964
compliance with all statutes, rules, and conditions of the	1965
license;	1966

(7) If the licensee realized a pecuniary gain from the	1967
violation;	1968

(8) If the amount of any fine or other penalty imposed would	1969
result in disgorgement of any gains unlawfully realized by the	1970
licensee;	1971

(9) If the violation was caused by an officer or employee of	1972
the licensee, the level of authority of the individual who caused	1973
the violation;	1974

(10) If the individual who caused the violation acted within	1975
the scope of the individual's authority as granted by the	1976
licensee;	1977

(11) The adequacy of any training programs offered by the	1978
licensee or the licensee's employer that were relevant to the	1979
activity that resulted in the violation;	1980

(12) If the licensee's action substantially deviated from	1981
industry standards and customs;	1982

(13) The extent to which the licensee cooperated with the	1983
commission during the investigation of the violation;	1984

(14) If the licensee has initiated remedial measures to	1985
prevent similar violations;	1986

(15) The magnitude of penalties imposed on other licensees	1987
for similar violations;	1988

(16) The proportionality of the penalty in relation to the	1989
misconduct;	1990

(17) The extent to which the amount of any fine imposed would	1991
punish the licensee for the conduct and deter future violations;	1992

(18) Any mitigating factors offered by the licensee; and

1993

(19) Any other factors the commission considers relevant.

1994

(C) For the purpose of conducting any study or investigation,	1995
the commission may direct that public hearings be held at a time	1996
and place, prescribed by the commission, in accordance with	1997
section 121.22 of the Revised Code. The commission shall give	1998
notice of all public hearings in such manner as will give actual	1999
notice to all interested parties.	2000

(D)(1) For the purpose of conducting the hearing in an	2001
adjudication under division (A) of this section, or in the	2002
discharge of any duties imposed by this chapter, the commission	2003
may require that testimony be given under oath and administer such	2004
oath, issue subpoenas compelling the attendance of witnesses and	2005
the production of any papers, books, and accounts, directed to the	2006
sheriffs of the counties where such witnesses or papers, books,	2007
and accounts are found and cause the deposition of any witness.	2008
The subpoenas shall be served and returned in the same manner as	2009
subpoenas in criminal cases are served and returned. The fees of	2010
sheriffs shall be the same as those allowed by the court of common	2011
pleas in criminal cases.	2012

(2) In the event of the refusal of any person without good	2013
cause to comply with the terms of a subpoena issued by the	2014
commission or refusal to testify on matters about which the person	2015
may lawfully be questioned, the prosecuting attorney of the county	2016
in which such person resides, upon the petition of the commission,	2017
may bring a proceeding for contempt against such person in the	2018
court of common pleas of that county.	2019

(3) Witnesses shall be paid the fees and mileage provided for	2020
in section 119.094 of the Revised Code.	2021

(4) All fees and mileage expenses incurred at the request of	2022
a party shall be paid in advance by the party.	2023

(E) When conducting a public hearing, the commission shall	2024
not limit the number of speakers who may testify. However, the	2025
commission may set reasonable time limits on the length of an	2026
individual's testimony or the total amount of time allotted to	2027
proponents and opponents of an issue before the commission.	2028

(F) The commission may rely, in whole or in part, upon	2029
investigations, conclusions, or findings of other casino gaming	2030
commissions or other government regulatory bodies in connection	2031
with licensing, investigations, or other matters relating to an	2032
applicant or licensee under this chapter.	2033

(G) Notwithstanding anything to the contrary in this chapter,	2034
and except with respect to a casino operator, management company,	2035
or holding company of or affiliated with a casino facility, the	2036
executive director may issue an emergency order for the	2037
suspension, limitation, or conditioning of any license,	2038
registration, approval, or certificate issued, approved, granted,	2039
or otherwise authorized by the commission under Chapter 3772. of	2040
the Revised Code or the rules adopted thereunder, requiring the	2041
inclusion of persons on the commission's exclusion list provided	2042
for under section 3772.031 of the Revised Code and the rules	2043
adopted thereunder, and requiring a casino facility not to pay a	2044
licensee, registrant, or approved or certified person any	2045
remuneration for services or any share of profits, income, or	2046
accruals on that person's investment in the casino facility.	2047

(1) An emergency order may be issued when the executive	2048
director finds either of the following:	2049

(a) A licensee, registrant, or approved or certified person	2050
has been charged with a violation of any of the criminal laws of	2051
this state, another state, or the federal government;	2052

(b) Such an action is necessary to prevent a violation of	2053
this chapter or a rule adopted thereunder.	2054

(2) An emergency order issued under division (G) of this	2055
section shall state the reasons for the commission's action, cite	2056
the law or rule directly involved, and state that the party will	2057
be afforded a hearing if the party requests it within thirty days	2058
after the time of mailing or personal delivery of the order.	2059

(3)(a) Not later than the next business day after the	2060
issuance of the emergency order, the order shall be sent by	2061
registered or certified mail, return receipt requested, to the	2062
party at the party's last known mailing address appearing in the	2063
commission's records or personally delivered at any time to the	2064
party by an employee or agent of the commission.	2065

(b) A copy of the order shall be mailed to the attorney or	2066
other representative of record representing the party.	2067

(c) If the order sent by registered or certified mail is	2068
returned because the party fails to claim the order, the	2069
commission shall send the order by ordinary mail to the party at	2070
the party's last known address and shall obtain a certificate of	2071
mailing. Service by ordinary mail is complete when the certificate	2072
of mailing is obtained unless the order is returned showing	2073
failure of delivery.	2074

(d) If the order sent by registered, certified, or ordinary	2075
mail is returned for failure of delivery, the commission shall	2076
either make personal delivery of the order by an employee or agent	2077
of the commission or cause a summary of the substantive provisions	2078
of the order to be published once a week for three consecutive	2079
weeks in a newspaper of general circulation in the county where	2080
the last known address of the party is located.	2081

(i) Failure of delivery occurs only when a mailed order is	2082
returned by the postal authorities marked undeliverable, address	2083
or addressee unknown, or forwarding address unknown or expired.	2084

(ii) When service is completed by publication, a proof of	2085
publication affidavit, with the first publication of the summary	2086
set forth in the affidavit, shall be mailed by ordinary mail to	2087
the party at the party's last known address and the order shall be	2088
deemed received as of the date of the last publication.	2089

(e) Refusal of delivery of the order sent by mail or	2090
personally delivered to the party is not failure of delivery and	2091
service is deemed to be complete.	2092

(4) The emergency order shall be effective immediately upon	2093
service of the order on the party. The emergency order shall	2094
remain effective until further order of the executive director or	2095
the commission.	2096

(5) The commission may, and if so requested by the person	2097
affected by the emergency order shall, promptly conduct a hearing	2098
in an adjudication under Chapter 119. of the Revised Code.	2099

Sec. 3772.06. (A)(1) The commission shall appoint an	2100
executive director who shall serve at the pleasure of the	2101
commission. The executive director is in the unclassified service,	2102
shall devote full time to the duties of the office, and shall hold	2103
no other office or employment. The executive director shall, by	2104
experience and training, possess management skills that equip the	2105
executive director to administer an enterprise of the nature of	2106
the commission. The executive director shall not have a pecuniary	2107
interest in any business organization that holds a license under	2108
this chapter, or that does business with any person licensed under	2109
this chapter. A member of the general assembly, a person who holds	2110
an elective office, or an office holder of a political party is	2111
ineligible to be appointed executive director at the same time as	2112
being such a member or holding such an office. The executive	2113
director shall receive an annual salary in accordance with pay	2114
range 48 of section 124.152 of the Revised Code.	2115

(2) The executive director, before entering upon the	2116
discharge of the executive director's official duties, shall give,	2117
and thereafter shall maintain, bond in the amount of twenty-five	2118
thousand dollars, payable to the state, conditioned upon the	2119
executive director's faithful and proper performance of the	2120
executive director's official duties. The bond shall be issued by	2121
a surety authorized to do business in this state and shall be	2122
filed with the secretary of state. The bond may be an individual	2123
bond or a schedule or blanket bond.	2124

(B)(1) The executive director or a deputy designated in	2125
writing by the executive director shall attend all meetings of the	2126
commission and shall act as its secretary. The executive director	2127
shall keep a record of all commission proceedings and shall keep	2128
the commission's records, files, and documents at the commission's	2129
principal office.	2130

(2) The executive director shall be the chief executive	2131
officer and shall be responsible for keeping all commission	2132
records and supervising and administering casino gaming and	2133
skill-based amusement machines in accordance with this chapter and	2134
Chapter 2915. of the Revised Code, and enforcing all commission	2135
rules adopted under this chapter.	2136

(3) The executive director shall hire staff, including an	2137
assistant director or deputy directors, as necessary to assist the	2138
executive director in the executive director's duties under this	2139
chapter. In appointing employees, the executive director is	2140
subject to section 3772.061 of the Revised Code. The executive	2141
director may employ employees as necessary, unless the commission	2142
determines otherwise. Except as otherwise provided in this	2143
chapter, all costs of administration incurred by the executive	2144
director and the executive director's employees shall be paid out	2145
of the casino control commission fund.	2146

(C) A state agency or other unit of state government shall	2147
cooperate with the commission, and shall provide the commission	2148
with information and services the commission considers necessary	2149
to carry out the commission's duties and functions under this	2150
chapter.	2151

(D) The executive director shall confer at least once each	2152
month with the commission, at which time the executive director	2153
shall advise it regarding the operation and administration of the	2154
commission and casino gaming. The executive director shall make	2155
available at the request of the commission all documents, files,	2156
and other records pertaining to the operation and administration	2157
of the commission ~~and~~, casino gaming, and skill-based amusement	2158
machines. The executive director shall prepare and make available	2159
to the commission each month a complete and accurate accounting of	2160
gross casino gaming revenues, and all other relevant financial	2161
information, including an accounting of all transfers made from	2162
the casino control commission fund.	2163

Sec. 3772.07. The following appointing or licensing	2164
authorities shall obtain a criminal records check of the person	2165
who is to be appointed or licensed:	2166

(A) The governor, before appointing an individual as a member	2167
of the commission;	2168

(B) The commission, before appointing an individual as	2169
executive director or a gaming agent;	2170

(C) The commission, before issuing a license for a key	2171
employee or casino gaming employee, and before issuing a license	2172
for each investor, except an institutional investor, for a casino	2173
operator, management company, skill-based amusement machine	2174
operator, holding company, or gaming-related vendor;	2175

(D) The executive director, before appointing an individual	2176
as a professional, technical, or clerical employee of the	2177
commission.	2178

Thereafter, such an appointing or licensing authority shall	2179
obtain a criminal records check of the same individual at	2180
three-year intervals.	2181

The appointing or licensing authority shall make available to	2182
each person of whom a criminal records check is required a copy of	2183
the form and the standard fingerprint impression sheet prescribed	2184
under divisions (C)(1) and (2) of section 109.572 of the Revised	2185
Code. The person shall complete the form and impression sheet and	2186
return them as directed by the appointing or licensing authority.	2187
If a person fails to complete and return the form and impression	2188
sheet within a reasonable time, the person is ineligible to be	2189
appointed or licensed or to continue in the appointment or	2190
licensure.	2191

The appointing or licensing authority shall cause the	2192
completed form and impression sheet to be forwarded to the	2193
superintendent of the bureau of criminal identification and	2194
investigation. The appointing or licensing authority shall request	2195
the superintendent also to obtain information from the federal	2196
bureau of investigation, including fingerprint-based checks of the	2197
national crime information databases, and from other states and	2198
the federal government under the national crime prevention and	2199
privacy compact as part of the criminal records check.	2200

For all criminal records checks conducted under this section,	2201
the applicant for a casino operator, management company,	2202
skill-based amusement machine operator, holding company,	2203
gaming-related vendor, key employee, or casino gaming employee	2204
license shall pay the fee charged by the bureau of criminal	2205
identification and investigation or by a vendor approved by the	2206
bureau to conduct a criminal records check based on the	2207
applicant's fingerprints in accordance with division (A)(15) of	2208
section 109.572 of the Revised Code. If the applicant for a key	2209
employee or casino gaming employee license is applying at the	2210
request of a casino operator, management company, skill-based	2211
amusement machine operator, holding company, or gaming-related	2212
vendor, the casino operator, management company, skill-based	2213
amusement machine operator, holding company, or gaming-related	2214
vendor shall pay the fee charged for all criminal records checks	2215
conducted under this section.	2216

The appointing or licensing authority shall review the	2217
results of a criminal records check. An appointee for a commission	2218
member shall forward the results of the criminal records check to	2219
the president of the senate before the senate advises and consents	2220
to the appointment of the commission member. The appointing or	2221
licensing authority shall not appoint or license or retain the	2222
appointment or licensure of a person a criminal records check	2223
discloses has been convicted of or has pleaded guilty or no	2224
contest to a disqualifying offense. A "disqualifying offense"	2225
means any gambling offense, any theft offense, any offense having	2226
an element of fraud or misrepresentation, any offense having an	2227
element of moral turpitude, and any felony not otherwise included	2228
in the foregoing list~~, except as otherwise provided in section~~	2229
~~3772.10 of the Revised Code~~.	2230

The report of a criminal records check is not a public record	2231
that is open to public inspection and copying. The commission	2232
shall not make the report available to any person other than the	2233
person who was the subject of the criminal records check; an	2234
appointing or licensing authority; a member, the executive	2235
director, or an employee of the commission; or any court or	2236
agency, including a hearing examiner, in a judicial or	2237
administrative proceeding relating to the person's employment or	2238
application for a license under this chapter.	2239

Sec. 3772.10. (A) In determining whether to grant or maintain	2240
the privilege of a ~~casino operator, management company, holding~~	2241
~~company, key employee, casino gaming employee, or gaming-related~~	2242
~~vendor~~ license issued under this chapter, the ~~Ohio casino control~~	2243
commission shall consider all of the following, as applicable:	2244

(1) The reputation, experience, and financial integrity of	2245
the applicant, its holding company, if applicable, and any other	2246
person that directly or indirectly controls the applicant;	2247

(2) The financial ability of the applicant to purchase and	2248
maintain adequate liability and casualty insurance and to provide	2249
an adequate surety bond;	2250

(3) The past and present compliance of the applicant and its	2251
affiliates or affiliated companies with casino-related licensing	2252
requirements in this state or any other jurisdiction, including	2253
whether the applicant has a history of noncompliance with the	2254
casino licensing requirements of any jurisdiction;	2255

(4) If the applicant has been indicted, convicted, pleaded	2256
guilty or no contest, or forfeited bail concerning any criminal	2257
offense under the laws of any jurisdiction, either felony or	2258
misdemeanor, not including traffic violations;	2259

(5) If the applicant has filed, or had filed against it a	2260
proceeding for bankruptcy or has ever been involved in any formal	2261
process to adjust, defer, suspend, or otherwise work out the	2262
payment of any debt;	2263

(6) If the applicant has been served with a complaint or	2264
other notice filed with any public body regarding a payment of any	2265
tax required under federal, state, or local law that has been	2266
delinquent for one or more years;	2267

(7) If the applicant is or has been a defendant in litigation	2268
involving its business practices;	2269

(8) If awarding a license would undermine the public's	2270
confidence in the casino gaming industry in this state;	2271

(9) If the applicant meets other standards for the issuance	2272
of a license that the commission adopts by rule, which shall not	2273
be arbitrary, capricious, or contradictory to the expressed	2274
provisions of this chapter.	2275

(B) All applicants for a license under this chapter shall	2276
establish their suitability for a license by clear and convincing	2277
evidence. If the commission determines that a person is eligible	2278
under this chapter to be issued a license ~~as a casino operator,~~	2279
~~management company, holding company, key employee, casino gaming~~	2280
~~employee, or gaming-related vendor~~, the commission shall issue	2281
such license for not more than three years, as determined by	2282
commission rule, if all other requirements of this chapter have	2283
been satisfied.	2284

(C) The commission shall not issue a ~~casino operator,~~	2285
~~management company, holding company, key employee, casino gaming~~	2286
~~employee, or gaming-related vendor~~ license under this chapter to	2287
an applicant if:	2288

(1) The applicant has been convicted of a disqualifying	2289
offense, as defined in section 3772.07 of the Revised Code.	2290

(2) The applicant has submitted an application for license	2291
under this chapter that contains false information.	2292

(3) The applicant is a commission member.

2293

(4) The applicant owns an ownership interest that is unlawful	2294
under this chapter, unless waived by the commission.	2295

(5) The applicant violates specific rules adopted by the	2296
commission related to denial of licensure.	2297

(6) The applicant is a member of or employed by a gaming	2298
regulatory body of a governmental unit in this state, another	2299
state, or the federal government, or is employed by a governmental	2300
unit of this state. This division does not prohibit a casino	2301
operator from hiring special duty law enforcement officers if the	2302
officers are not specifically involved in gaming-related	2303
regulatory functions.	2304

(7) The commission otherwise determines the applicant is	2305
ineligible for the license.	2306

(D)(1) The commission shall investigate the qualifications of	2307
each applicant under this chapter before any license is issued and	2308
before any finding with regard to acts or transactions for which	2309
commission approval is required is made. The commission shall	2310
continue to observe the conduct of all licensees and all other	2311
persons having a material involvement directly or indirectly with	2312
a ~~casino operator, management company, or holding company~~licensee	2313
to ensure that licenses are not issued to or held by, or that	2314
there is not any material involvement with a ~~casino operator,~~	2315
~~management company, or holding company~~licensee by, an	2316
unqualified, disqualified, or unsuitable person or a person whose	2317
operations are conducted in an unsuitable manner or in unsuitable	2318
or prohibited places or locations.	2319

(2) The executive director may recommend to the commission	2320
that it deny any application, or limit, condition, or restrict, or	2321
suspend or revoke, any license or finding, or impose any fine upon	2322
any licensee or other person according to this chapter and the	2323
rules adopted thereunder.	2324

(3) A license issued under this chapter is a revocable	2325
privilege. No licensee has a vested right in or under any license	2326
issued under this chapter. The initial determination of the	2327
commission to deny, or to limit, condition, or restrict, a license	2328
may be appealed under section 2505.03 of the Revised Code.	2329

(E)(1) An institutional investor may be found to be suitable	2330
or qualified by the commission under this chapter and the rules	2331
adopted under this chapter. An institutional investor shall be	2332
presumed suitable or qualified upon submitting documentation	2333
sufficient to establish qualifications as an institutional	2334
investor and upon certifying all of the following:	2335

(a) The institutional investor owns, holds, or controls	2336
securities issued by a licensee or holding, intermediate, or	2337
parent company of a licensee or in the ordinary course of business	2338
for investment purposes only.	2339

(b) The institutional investor does not exercise influence	2340
over the affairs of the issuer of such securities nor over any	2341
licensed subsidiary of the issuer of such securities.	2342

(c) The institutional investor does not intend to exercise	2343
influence over the affairs of the issuer of such securities, nor	2344
over any licensed subsidiary of the issuer of such securities, in	2345
the future, and that it agrees to notify the commission in writing	2346
within thirty days if such intent changes.	2347

(2) The exercise of voting privileges with regard to	2348
securities shall not be deemed to constitute the exercise of	2349
influence over the affairs of a licensee.	2350

(3) The commission shall rescind the presumption of	2351
suitability for an institutional investor at any time if the	2352
institutional investor exercises or intends to exercise influence	2353
or control over the affairs of the licensee.	2354

(4) This division shall not be construed to preclude the	2355
commission from requesting information from or investigating the	2356
suitability or qualifications of an institutional investor if:	2357

(a) The commission becomes aware of facts or information that	2358
may result in the institutional investor being found unsuitable or	2359
disqualified; or	2360

(b) The commission has any other reason to seek information	2361
from the investor to determine whether it qualifies as an	2362
institutional investor.	2363

(5) If the commission finds an institutional investor to be	2364
unsuitable or unqualified, the commission shall so notify the	2365
investor and the casino operator, holding company, management	2366
company, skill-based amusement machine operator, or gaming-related	2367
vendor licensee in which the investor invested. The commission	2368
shall allow the investor and the licensee a reasonable amount of	2369
time, as specified by the commission on a case-by-case basis, to	2370
cure the conditions that caused the commission to find the	2371
investor unsuitable or unqualified. If during the specified period	2372
of time the investor or the licensee does not or cannot cure the	2373
conditions that caused the commission to find the investor	2374
unsuitable or unqualified, the commission may allow the investor	2375
or licensee more time to cure the conditions or the commission may	2376
begin proceedings to deny, suspend, or revoke the license of the	2377
casino operator, holding company, management company, skill-based	2378
amusement machine operator, or gaming-related vendor in which the	2379
investor invested or to deny any of the same the renewal of any	2380
such license.	2381

(6) A private licensee or holding company shall provide the	2382
same information to the commission as a public company would	2383
provide in a form 13d or form 13g filing to the securities and	2384
exchange commission.	2385

(F) Information provided on the application shall be used as	2386
a basis for a thorough background investigation of each applicant.	2387
A false or incomplete application is cause for denial of a license	2388
by the commission. All applicants and licensees shall consent to	2389
inspections, searches, and seizures and to the disclosure to the	2390
commission and its agents of confidential records, including tax	2391
records, held by any federal, state, or local agency, credit	2392
bureau, or financial institution and to provide handwriting	2393
exemplars, photographs, fingerprints, and information as	2394
authorized in this chapter and in rules adopted by the commission.	2395

(G) The commission shall provide a written statement to each	2396
applicant for a license under this chapter who is denied the	2397
license that describes the reason or reasons for which the	2398
applicant was denied the license.	2399

(H) Not later than January 31 in each calendar year, the	2400
commission shall provide to the general assembly and the governor	2401
a report that, for each type of license issued under this chapter,	2402
specifies the number of applications made in the preceding	2403
calendar year for each type of such license, the number of	2404
applications denied in the preceding calendar year for each type	2405
of such license, and the reasons for those denials. The	2406
information regarding the reasons for the denials shall specify	2407
each reason that resulted in, or that was a factor resulting in,	2408
denial for each type of license issued under this chapter and, for	2409
each of those reasons, the total number of denials for each such	2410
type that involved that reason.	2411

Sec. 3772.12. (A) A person may apply for a gaming-related	2412
vendor license. All applications shall be made under oath.	2413

(B) A person who holds a gaming-related vendor's license is	2414
authorized to sell or, lease, or otherwise provide, and to	2415
contract to sell or, lease, or otherwise provide, equipment,	2416
goods, and ~~supplies~~services to any licensee involved in the	2417
ownership or management of a casino facility or skill-based	2418
amusement machine operator facility.	2419

(C) ~~Gambling supplies and~~Casino gaming and skill-based	2420
amusement machine equipment and goods shall not be distributed in	2421
this state unless ~~supplies and~~the equipment and goods conform to	2422
standards adopted in rules adopted by the commission.	2423

Sec. 3772.121. (A) The commission may issue a gaming-related	2424
vendor's license under this chapter to an applicant who has:	2425

(1) Applied for the gaming-related vendor's license;

2426

(2) Paid a nonrefundable license fee as described in section	2427
3772.17 of the Revised Code, which shall cover all actual costs	2428
generated by each licensee and all background checks;	2429

(3) Submitted two sets of the applicant's fingerprints; and

2430

(4) Been determined by the commission as eligible for a	2431
gaming-related vendor's license.	2432

(B) A gaming-related vendor shall furnish to the commission a	2433
list of all equipment, ~~devices~~goods, and ~~supplies~~services	2434
offered for sale or, lease, or otherwise provided in connection	2435
with casino games authorized under this chapter or skill-based	2436
amusement machines authorized under this chapter and Chapter 2915.	2437
of the Revised Code.	2438

~~(C) A gaming-related vendor's equipment, devices, or supplies~~	2439
~~that are used by a person in an unauthorized casino gaming~~	2440
~~operation shall be forfeited to the state.~~	2441

Sec. 3772.14. (A) A person may apply for a skill-based	2442
amusement machine operator license. All applications shall be made	2443
under oath and be on a form prescribed by and contain all of the	2444
information required by the commission.	2445

(B) The commission may issue a skill-based amusement machine	2446
operator license under this chapter to an applicant who has done	2447
all of the following:	2448

(1) Applied for the skill-based amusement machine operator	2449
license;	2450

(2) Paid a nonrefundable license fee as described in section	2451
3772.17 of the Revised Code;	2452

(3) Submitted two sets of the applicant's fingerprints; and

2453

(4) Been determined by the commission to be eligible for a	2454
skill-based amusement machine operator license.	2455

(C) A person who holds a skill-based amusement machine	2456
operator license may offer skill-based amusement machines at a	2457
location approved by the commission and as authorized by this	2458
chapter and the rules adopted thereunder and by Chapter 2915. of	2459
the Revised Code and as approved by the commission.	2460

(D) A skill-based amusement machine operator shall only	2461
purchase, lease, or otherwise acquire or obtain skill-based	2462
amusement machine equipment, goods, and services from a	2463
gaming-related vendor licensed under this chapter.	2464

(E) Upon written request from and good cause shown, as	2465
determined by the commission, by a person that is required to	2466
apply for and obtain a skill-based amusement machine operator	2467
license under this chapter, the commission may grant a waiver or	2468
variance from one or more of the skill-based amusement machine	2469
operator licensure requirements.	2470

(1) A waiver or variance request submitted under this	2471
division shall contain all of the following:	2472

(a) The requestor's name, mailing address, telephone number,	2473
facsimile number, and electronic mail address, as available;	2474

(b) A contact person and that person's mailing address,	2475
telephone number, facsimile number, and electronic mail address,	2476
as available;	2477

(c) A detailed description of the specific requirement or	2478
requirements that the requestor is seeking to have waived or to	2479
vary from and the reason or reasons justifying the request;	2480

(d) The requestor's signature or the signature of a duly	2481
authorized agent, employee, or representative of the requestor;	2482
and	2483

(e) Any other information required by the commission.

2484

(2) The commission may consider any properly submitted waiver	2485
or variance request at a meeting held under section 3772.02 of the	2486
Revised Code or designate such responsibility to the commission	2487
chairperson or the executive director. If such a designation	2488
occurs, the commission chairperson or the executive director shall	2489
provide a written response to the requestor indicating whether the	2490
waiver or variance has been granted or denied.	2491

(3) The commission, or the commission chairperson or	2492
executive director, if designated, shall retain sole authority to	2493
grant or deny a waiver or variance request submitted under this	2494
division. The request may be denied for any reason except that no	2495
denial under this division shall be done in an arbitrary or	2496
capricious manner.	2497

(4) Denial of any waiver or variance request submitted under	2498
this division shall not require notice and an opportunity for	2499
hearing nor shall it be considered an adjudication or final	2500
appealable order for purposes of Chapter 119. or section 2505.03	2501
of the Revised Code.	2502

Sec. 3772.15. (A) Unless a license issued under this chapter	2503
is suspended, expires, or is revoked, the license shall be renewed	2504
for three years, as determined by commission rule, after a	2505
determination by the commission that the licensee is in compliance	2506
with this chapter and rules authorized by this chapter and after	2507
the licensee pays a fee. The commission may assess the license	2508
renewal applicant a reasonable fee in ~~the~~an amount set by rule	2509
that is necessary to cover the commission's costs associated with	2510
the review of the license renewal application.	2511

(B) A licensee shall undergo a complete investigation at	2512
least every three years, as determined by commission rule, to	2513
determine that the licensee remains in compliance with this	2514
chapter or Chapter 2915. of the Revised Code.	2515

(C) Notwithstanding division (B) of this section, the	2516
commission may investigate a licensee at any time the commission	2517
determines it is necessary to ensure that the licensee remains in	2518
compliance with this section.	2519

(D) The holder of a license shall bear the cost of an	2520
investigation, except key employees that are employed by a casino	2521
operator, management company, skill-based amusement machine	2522
operator, holding company, or gaming-related vendor and casino	2523
gaming employees who are employed by a casino operator or	2524
management company, in which case the ~~casino operator~~employer	2525
shall pay the investigation cost.	2526

Sec. 3772.17. (A) The upfront license fee to obtain a license	2527
as a casino operator shall be fifty million dollars per casino	2528
facility and shall be paid upon each casino operator's filing of	2529
its casino operator license application with the commission. The	2530
upfront license fee, once paid to the commission, shall be	2531
deposited into the economic development programs fund, which is	2532
created in the state treasury.	2533

(B) ~~New~~License and renewal license fees for a new casino	2534
operator, management company, and holding company ~~license and~~	2535
~~renewal license fees~~of or affiliated with a casino facility shall	2536
be set by rule, subject to the review of the joint committee on	2537
gaming and wagering. If an applicant for a license as a management	2538
company or holding company is related through a joint venture or	2539
controlled by or under common control with another applicant for a	2540
license as a casino operator, management company, or holding	2541
company for the same casino facility and the applicant for a	2542
license as a management company or holding company was reviewed	2543
for suitability as part of the investigation of the casino	2544
operator, only one license fee shall be assessed against both	2545
applicants for that casino facility.	2546

(C) The fee to obtain an application for a casino operator,	2547
management company, or holding company license shall be one	2548
million five hundred thousand dollars per application. The	2549
application fee for a casino operator, management company, or	2550
holding company license may be increased to the extent that the	2551
actual review and investigation costs relating to an applicant	2552
exceed the application fee set forth in this division. If an	2553
applicant for a license as a management company or holding company	2554
is related through a joint venture or controlled by or under	2555
common control with another applicant for a license as a casino	2556
operator, management company, or holding company for the same	2557
casino facility, with the exception of actual costs of the review	2558
and investigation of the additional applicant, only one	2559
application fee shall be required of such applicants for that	2560
casino facility. The application fee shall be deposited into the	2561
casino control commission fund. The application fee is	2562
nonrefundable.	2563

(D) The license fees for a skill-based amusement machine	2564
operator shall be set by rule, subject to review by the joint	2565
committee on gaming and wagering. Additionally, the commission may	2566
assess an applicant a reasonable fee in the amount necessary to	2567
process a skill-based amusement machine operator application.	2568

(E) The license fees for a gaming-related vendor shall be set	2569
by rule, subject to the review of the joint committee on gaming	2570
and wagering. Additionally, the commission may assess an applicant	2571
a reasonable fee in the amount necessary to process a	2572
gaming-related vendor license application.	2573

~~(E)~~(F) The license fees for a key employee shall be set by	2574
rule, subject to the review of the joint committee on gaming and	2575
wagering. Additionally, the commission may assess an applicant a	2576
reasonable fee in the amount necessary to process a key employee	2577
license application. If the license is being sought at the request	2578
of a casino operator, such fees shall be paid by the casino	2579
operator.	2580

~~(F)~~(G) The license fees for a casino gaming employee shall be	2581
set by rule, subject to the review of the joint committee on	2582
gaming and wagering. If the license is being sought at the request	2583
of a casino operator, the fee shall be paid by the casino	2584
operator.	2585

Sec. 3772.21. (A) Casino gaming or skill-based amusement	2586
machine equipment, goods, and ~~supplies customarily used in~~	2587
~~conducting casino gaming~~services shall only be purchased or,	2588
leased ~~only~~, or otherwise acquired or obtained from gaming-related	2589
vendors licensed under this chapter. A management company owning	2590
casino gaming devices, supplies, and equipment shall be licensed	2591
as a gaming-related vendor under this chapter.	2592

(B) A licensed gaming-related vendor shall provide only	2593
casino gaming and skill-based amusement machine equipment, goods,	2594
and services that have been approved by the commission.	2595

(C) Annually, a gaming-related vendor shall furnish to the	2596
commission a list of all equipment, devices, and supplies offered	2597
for sale or, lease, or are otherwise offered in connection with	2598
casino gaming authorized under this chapter and skill-based	2599
amusement machines authorized under this chapter and Chapter 2915.	2600
of the Revised Code.	2601

~~(C)~~(D) A gaming-related vendor shall keep books and records	2602
for the furnishing of equipment, devices, and supplies to casino	2603
gaming and skill-based amusement machine operations separate from	2604
books and records of any other business operated by the	2605
gaming-related vendor. A gaming-related vendor shall file a	2606
quarterly return with the commission listing all sales and leases.	2607
A gaming-related vendor shall permanently affix the gaming-related	2608
vendor's name to all of the gaming-related vendor's equipment,	2609
~~devices,~~ and ~~supplies for casino gaming operations~~goods.	2610

~~(D)~~(E) A gaming-related vendor's equipment~~, devices,~~ or	2611
~~supplies~~goods that are used by a person in an unauthorized casino	2612
gaming or skill-based amusement machine operation shall be	2613
forfeited to the commission.	2614

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	2615
are used to make wagers shall be purchased from the casino	2616
operator or management company while at a casino facility that has	2617
been approved by the commission. Chips, tokens, tickets,	2618
electronic cards, or similar objects may be used while at the	2619
casino facility only for the purpose of making wagers on casino	2620
games.	2621

(B) Casino operators and management companies may provide	2622
promotional gaming credits to their patrons. Promotional gaming	2623
credits shall be subject to oversight by the commission.	2624

(C) Casino operators ~~and~~, management companies, and	2625
skill-based amusement machine operators shall not do any of the	2626
following:	2627

(1) Obtain a license to operate a check-cashing business	2628
under sections 1315.01 to 1315.30 of the Revised Code;	2629

(2) Obtain a license to provide loans under sections 1321.01	2630
to 1321.19 of the Revised Code;	2631

(3) Obtain a license to provide loans under sections 1321.35	2632
to 1321.48 of the Revised Code.	2633

Sec. 3772.25. The following are not subject to, or limited	2634
by, the requirements of this chapter or Section 6(C) of Article	2635
XV, Ohio Constitution:	2636

(A) Charitable gaming authorized by Chapter 2915. of the	2637
Revised Code;	2638

(B) Charitable bingo authorized by Section 6 of Article XV,	2639
Ohio Constitution, and as authorized by Chapter 2915. of the	2640
Revised Code;	2641

(C) Lottery games as authorized by Section 6 of Article XV,	2642
Ohio Constitution; ~~and~~	2643

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	2644
Revised Code; and	2645

(E) Concessions under section 1711.11 of the Revised Code.

2646

Sec. 3772.31. (A) The commission, by and through the	2647
executive director of the commission and as required under section	2648
125.05 of the Revised Code, may enter into contracts necessary to	2649
ensure the proper operation and reporting of all casino gaming	2650
authorized under this chapter and all skill-based amusement	2651
machines authorized under this chapter and Chapter 2915. of the	2652
Revised Code. The commission shall not require use of a central	2653
system by a casino operator, management company, or skill-based	2654
amusement machine operator if the casino operator, management	2655
company, or skill-based amusement machine operator is in	2656
compliance with this chapter or Chapter 2915. of the Revised Code,	2657
as applicable. If the commission determines, after written notice	2658
to the casino operator, management company, or skill-based	2659
amusement machine operator and a hearing under section 3772.04 of	2660
the Revised Code, that a casino operator, management company, or	2661
skill-based amusement machine operator is not in compliance with	2662
this chapter or Chapter 2915. of the Revised Code, as applicable,	2663
the commission may determine it is necessary to require the casino	2664
operator, management company, or skill-based amusement machine	2665
operator to install and implement a central system under such	2666
conditions as the commission may require. Before any such hearing,	2667
the commission shall provide the ~~casino operator~~party with	2668
written notice that the ~~casino operator~~party is not in compliance	2669
with a specific requirement of this chapter or Chapter 2915. of	2670
the Revised Code, as applicable, describe the requirement, and	2671
provide the ~~casino operator~~party at least thirty days to cure the	2672
noncompliance or, if the cure cannot be reasonably rectified	2673
within thirty days, require the ~~casino operator~~party to	2674
demonstrate to the commission's satisfaction that the ~~casino~~	2675
~~operator~~party is diligently pursuing the required cure. The	2676
system shall be operated by or under the commission's control. If	2677
the commission determines that a central system is necessary and	2678
adopts rules authorizing a central system, casino operators or	2679
management companies shall be responsible for the costs of the	2680
central system as it relates to casino facilities and skill-based	2681
amusement machine operators shall be responsible for the costs of	2682
the central system as it relates to skill-based amusement	2683
machines.	2684

(B) The commission shall certify independent testing	2685
laboratories to scientifically test and technically evaluate all	2686
slot machines, mechanical, electromechanical, or electronic table	2687
games, slot accounting systems, and other electronic gaming	2688
equipment for compliance with this chapter and all skill-based	2689
amusement machines and related equipment and goods for compliance	2690
with this chapter and Chapter 2915. of the Revised Code. The	2691
certified independent testing laboratories shall be accredited by	2692
a national accreditation body. The commission shall certify an	2693
independent testing laboratory if it is competent and qualified to	2694
scientifically test and evaluate electronic gaming equipment for	2695
compliance with this chapter and Chapter 2915. of the Revised	2696
Code, as applicable, and to otherwise perform the functions	2697
assigned to an independent testing laboratory under this chapter.	2698
An independent testing laboratory shall not be owned or controlled	2699
by, or have any interest in, a gaming-related vendor ~~of electronic~~	2700
~~gaming equipment~~. The commission shall prepare a list of certified	2701
independent testing laboratories from which independent testing	2702
laboratories shall be chosen for all purposes under this chapter.	2703

Sec. 3772.99. (A) The commission shall levy and collect	2704
penalties for noncriminal violations of this chapter. Noncriminal	2705
violations include using the term "casino" in any advertisement in	2706
regard to a facility operating video lottery terminals, as defined	2707
in section 3770.21 of the Revised Code, in this state. Moneys	2708
collected from such penalty levies shall be credited to the	2709
general revenue fund.	2710

(B) If a ~~licensed casino operator, management company,~~	2711
~~holding company, gaming-related vendor, or key employee~~licensee	2712
violates this chapter or engages in a fraudulent act, the	2713
commission may suspend or revoke the license and may do either or	2714
both of the following:	2715

(1) Suspend, revoke, or restrict the casino gaming operations	2716
of a casino operator or management company or the skill-based	2717
amusement machine operations of a skill-based amusement machine	2718
operator;	2719

(2) Require the removal of a management company, key	2720
employee, or discontinuance of services from a gaming-related	2721
vendor.	2722

(C) The commission shall impose civil penalties against a	2723
person who violates this chapter under the penalties adopted by	2724
commission rule and reviewed by the joint committee on gaming and	2725
wagering.	2726

(D) A person who purposely or knowingly ~~or intentionally~~ does	2727
any of the following commits a misdemeanor of the first degree on	2728
the first offense and a felony of the fifth degree for a	2729
subsequent offense:	2730

(1) Makes a false statement on an application submitted under	2731
this chapter;	2732

(2) Permits a person less than twenty-one years of age to	2733
make a wager at a casino facility;	2734

(3) Aids, induces, or causes a person less than twenty-one	2735
years of age who is not an employee of the casino gaming operation	2736
to enter or attempt to enter a casino facility;	2737

(4) Enters or attempts to enter a casino facility while under	2738
twenty-one years of age, unless the person enters a designated	2739
area as described in section 3772.24 of the Revised Code;	2740

(5) Is a casino operator or employee and participates in	2741
casino gaming other than as part of operation or employment.	2742

(E) A person who purposely or knowingly ~~or intentionally~~ does	2743
any of the following commits a felony of the fifth degree on a	2744
first offense and a felony of the fourth degree for a subsequent	2745
offense. If the person is a licensee under this chapter, the	2746
commission shall revoke the person's license after the first	2747
offense.	2748

(1) Uses or possesses with the intent to use a device to	2749
assist in projecting the outcome of the casino game, keeping track	2750
of the cards played, analyzing the probability of the occurrence	2751
of an event relating to the casino game, or analyzing the strategy	2752
for playing or betting to be used in the casino game, except as	2753
permitted by the commission;	2754

(2) Cheats at a casino game;

2755

(3) Manufactures, sells, or distributes any cards, chips,	2756
dice, game, or device that is intended to be used to violate this	2757
chapter;	2758

(4) Alters or misrepresents the outcome of a casino game on	2759
which wagers have been made after the outcome is made sure but	2760
before the outcome is revealed to the players;	2761

(5) Places, increases, or decreases a wager on the outcome of	2762
a casino game after acquiring knowledge that is not available to	2763
all players and concerns the outcome of the casino game that is	2764
the subject of the wager;	2765

(6) Aids a person in acquiring the knowledge described in	2766
division (E)(5) of this section for the purpose of placing,	2767
increasing, or decreasing a wager contingent on the outcome of a	2768
casino game;	2769

(7) Claims, collects, takes, or attempts to claim, collect,	2770
or take money or anything of value in or from a casino game with	2771
the intent to defraud or without having made a wager contingent on	2772
winning a casino game;	2773

(8) Claims, collects, or takes an amount of money or thing of	2774
value of greater value than the amount won in a casino game;	2775

(9) Uses or possesses counterfeit chips, tokens, or cashless	2776
wagering instruments in or for use in a casino game;	2777

(10) Possesses a key or device designed for opening,	2778
entering, or affecting the operation of a casino game, skill-based	2779
amusement machine, drop box, or an electronic or a mechanical	2780
device connected with the casino game or skill-based amusement	2781
machine or removing coins, tokens, chips, or other contents of a	2782
casino game or skill-based amusement machine. This division does	2783
not apply to a casino operator, management company, skill-based	2784
amusement machine operator, or gaming-related vendor or their	2785
agents and employees in the course of agency or employment.	2786

(11) Possesses materials used to manufacture a device	2787
intended to be used in a manner that violates this chapter or	2788
Chapter 2915. of the Revised Code;	2789

(12) Operates a casino gaming operation in which wagering is	2790
conducted or is to be conducted in a manner other than the manner	2791
required under this chapter or a skill-based amusement machine	2792
operation in a manner other than the manner required under this	2793
chapter or Chapter 2915. of the Revised Code.	2794

(F) The possession of more than one of the devices described	2795
in division (E)(9), (10), or (11) of this section creates a	2796
rebuttable presumption that the possessor intended to use the	2797
devices for cheating.	2798

(G) A person who purposely or knowingly ~~or intentionally~~ does	2799
any of the following commits a felony of the third degree. If the	2800
person is a licensee under this chapter, the commission shall	2801
revoke the person's license after the first offense. A public	2802
servant or party official who is convicted under this division is	2803
forever disqualified from holding any public office, employment,	2804
or position of trust in this state.	2805

(1) Offers, promises, or gives anything of value or benefit	2806
to a person who is connected with the casino operator, management	2807
company, skill-based amusement machine operator, holding company,	2808
or gaming-related vendor, including their officers and employees,	2809
under an agreement to influence or with the intent to influence	2810
the actions of the person to whom the offer, promise, or gift was	2811
made in order to affect or attempt to affect the outcome of a	2812
casino game or skill-based amusement machine or an official action	2813
of a commission member, agent, or employee;	2814

(2) Solicits, accepts, or receives a promise of anything of	2815
value or benefit while the person is connected with a casino	2816
facility or skill-based amusement machine, including an officer or	2817
employee of a casino operator, management company, skill-based	2818
amusement machine operator, or gaming-related vendor, under an	2819
agreement to influence or with the intent to influence the actions	2820
of the person to affect or attempt to affect the outcome of a	2821
casino game or skill-based amusement machine or an official action	2822
of a commission member, agent, or employee;	2823

(H) A person who is convicted of a felony described in this	2824
chapter or Chapter 2915. of the Revised Code may be barred for	2825
life from entering a casino facility by the commission.	2826

Section 2. That existing sections 119.12, 2915.01, 2915.03,	2827
2915.06, 2915.061, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02,	2828
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10,	2829
3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.25,	2830
3772.31, and 3772.99 of the Revised Code are hereby repealed.	2831

Section 3. Section 3772.10 of the Revised Code is presented	2832
in this act as a composite of the section as amended by both Am.	2833
Sub. H.B. 386 and Am. Sub. S.B. 337 of the 129th General Assembly.	2834
The General Assembly, applying the principle stated in division	2835
(B) of section 1.52 of the Revised Code that amendments are to be	2836
harmonized if reasonably capable of simultaneous operation, finds	2837
that the composite is the resulting version of the section in	2838
effect prior to the effective date of the section as presented in	2839
this act.	2840