Chapter 109:1-3 Application for Charitable Bingo License

109:1-3-01 Requirements for charitable bingo license application.

A charitable organization that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session shall apply for a license in accordance with Chapter 2915 of the Revised Code by completing an application form prescribed by the attorney general. The application form may require the following:

(A)

(1) The full legal name of the charitable organization;

(2) If the charitable organization has ever been known by any other name, then all previous names by which the charitable organization was known.

(B) Each and every address of the charitable organization, including, where applicable, the following:

(1) The complete post office address of the charitable organization;

(2) The street address, city, zip code and county where the charitable organization’s principal place of business is located;

(3) Regarding the premises where bingo is to be conducted by the charitable organization, the application shall contain the following for each location:

(a) The complete address of the premises, and the county in which such premises are located;

(b) A statement as to whether the charitable organization owns or leases the premises;

(c) A statement whether the charitable organization has knowledge as to whether the premises are used by any other organization for conducting bingo, and if so, indicate:

(i) The names of the other organizations;

(ii) The days of the week bingo is conducted by the other organizations;

(iii) The year the organizations began to operate bingo on said premises.

(d) If the premises are leased, then the charitable organization shall provide the following information on the application:

(i) A copy of the rental agreement;

(ii) The address of the leased premises, the county and township within which it is located, and its daytime telephone number;

(iii) The full legal name and post office address of the lessor;

(iv) The rental amount to be paid per bingo session;

(v) Whether the lessor is the owner of the premises;

(vi) If the lessor is a corporation, partnership or association, the names and addresses of all principal partners, trustees, directors or officers of the lessor;

(vii) A statement as to whether the lessor is a charitable organization as defined in division (H) of section 2915.01 of the Revised Code.

(e) If the lessor from whom the charitable organization leases the premises is not the owner of the premises, then the charitable organization shall provide the following:

(i) The full name and address of the real property owner;

(ii) The volume and page of county records wherein the owner’s title to the property is recorded;

(iii) If the owner is a corporation, partnership or association, the names and addresses of all principal partners, trustees, directors or officers of the owner.

(f) A statement of whether liquor is sold or will be sold at any part of the premises.

(C) Regarding the conduct of bingo, the charitable organization shall state the following on its application for each location:

(1) The days of the week and the times on each day when bingo will be conducted, and whether the charitable organization will actually play bingo on these days;

(2) The number of weeks during the calendar year in which bingo will be conducted;

(3) If bingo will be conducted for less than four weeks, the exact dates on which bingo will be conducted;

(4) If the charitable organization is a 501(c)(3) organization conducting instant bingo other than at a bingo session, a statement of the gross receipts from instant bingo other than at a bingo session conducted at the location, the amount of retail income from all other commercial activity at the location, the total of these two amounts, and the percentage that each amount represents of the total retail income from all commercial activity, including instant bingo other than at a bingo session, for the location.

(D) The charitable organization shall provide the following additional information on the application:

(1) A statement as to whether the charitable organization has previously been licensed by the attorney general to conduct charitable bingo, and the last year in which the charitable organization received a license;

(2) A statement whether the charitable organization has ever had any previous application refused, or any previous bingo license revoked or suspended, and the reason stated by the attorney general for such refusal, revocation, or suspension;

(3) A statement whether the charitable organization has ever been issued a citation from any law enforcement agency, including the Department of Public Safety, for a gambling violation, and if so, the name of the law enforcement agency, the date and case number of the citation, the charges alleged, and the disposition of the case;

(4) The name of the police agency having jurisdiction over the premises at which bingo sessions are conducted, the address and telephone number of such agency and the person in charge of the agency;

(5) The name, title, residence address, daytime telephone number, date of birth, and social security number of the principal person of the charitable organization, who has the overall responsibility for the operation and control of the charitable organization;

(6) The name, residence address, daytime telephone number, date of birth, social security number, and bingo location of each and every bingo game operator who will have overall supervision and management of the charitable organization’s bingo games, who will be responsible for the holding, operating and conducting of such games in accordance with the terms of the license and the provisions of Chapter 2915. of the Revised Code, and a statement as to the name and address of any other bingo games for which said individual performs as a bingo game operator, or has ever performed as a bingo game operator during the preceding five years;

(7) A statement whether the records required to be maintained pursuant to section 2915.10 of the Revised Code will be maintained at the location specified in paragraph (B)(3)(a) of this rule, and if not, provide the name, address and telephone number of the person who maintains these records, and the address where these records will actually be maintained.

(E) The charitable organization shall provide the following organizational information on the application:

(1) A statement that the applicant is a charitable organization and the number of years applicant has been in continuous existence as a charitable organization in this state;

(2) A copy of a determination letter that is issued by the internal revenue service, and is currently in effect, which states that the charitable organization is tax exempt under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code;

(3) The internal revenue service employer identification number of the charitable organization;

(4) If the charitable organization is covered by a group exemption letter issued by the internal revenue service, the group exemption number;

(5) A statement that the charitable organization qualifies as one of the precise types of charitable organizations defined in divisions (I) to (Q), (BB), (CC), (DD), (ZZ), and (CCC) of section 2915.01 of the Revised Code;

(6) If the charitable organization is a corporation, a copy of its articles of incorporation on file with the Secretary of State and a certificate of good standing from the Ohio Secretary of State;

(7) A copy of the governing instrument of the charitable organization;

(8) A statement whether the charitable organization is a branch, lodge or chapter of another organization, and if it is, a letter from the parent organization indicating that the charitable organization is currently in good standing as a chapter, lodge or branch of the parent organization shall be attached to the application;

(9) If the application is filed by a youth athletic park organization, it shall include the statement of usage required by division (A)(8) of section 2915.08 of the Revised Code;

(10) A statement of whether the charitable organization is registered with the attorney general pursuant to section 1716.03 of the Revised Code, whether the organization has filed annual reports with and paid all applicable fees to the attorney general pursuant to sections 1716.02 and 1716.04 of the Revised Code, and if the organization is not required to register with the attorney general or not required to file an annual financial report with the attorney general, a statement of exemption in section 1716.03 of the Revised Code that applies to the organization;

(11) If the charitable organization is a 501(c)(3) organization, a statement of whether the charitable organization is registered with the attorney general pursuant to section 109.26 of the Revised Code, whether the organization has filed annual reports with and paid all applicable fees to the attorney general pursuant to section 109.31 of the Revised Code, and if the organization is not required to register with the attorney general or not required to file an annual financial report with the attorney general, a statement of the exemption in sections 109.26 and 109.31 of the Revised Code that applies to the organization;

(12) If the charitable organization is a 501(c)(3) organization, a statement of whether the charitable organization was created by a veteran’s or fraternal organization, and if so, the name and address of the veteran’s or fraternal organization and a description of the relationship and control held by the veteran’s or fraternal organization;

(13) A statement of the number of board meetings held by the charitable organization in the previous twelve months.

(F) The charitable organization shall provide the following information regarding the use of bingo proceeds on the application:

(1) A statement whether the charitable organization will use bingo proceeds for its own purposes, and if so, a statement of the specific purposes for which the bingo proceeds will be used;

(2) A statement of the charitable purposes for which the bingo proceeds will be used, and the names and addresses of any charitable organizations to which bingo proceeds will be distributed;

(3) If the proceeds are to be used by or donated to a veterans’ organization or a trust or a foundation for such organization, state:

(a) What percentage of the veterans’ organization’s members are veterans;

(b) What percentage of the remainder of the members are spouses, widows or widowers of veterans.

(G) The charitable organization shall provide the following information regarding concessions on the application:

(1) A statement as to whether concessions will be provided at the bingo game;

(2) If so, then the charitable organization shall state the following:

(a) The name of the organization which will provide concessions;

(b) The relationship of such organization to the charitable organization;

(d) If concessions will be provided by a bona fide auxiliary unit or society of the charitable organization, a statement of the length of time such auxiliary has been in existence;

(e) A statement whether any persons preparing, selling, or serving food or beverages at the site of the bingo game receive any form of compensation, directly or indirectly, for the preparation, sale, or service of the food or beverages;

(f) A statement whether any person purchasing food or beverages receives anything of value except the food or beverage and items customarily received with the purchase of that food or beverage.

(H) The charitable organization shall provide the following information regarding security personnel on the application:

(1) A statement whether personnel will be employed by applicant to provide security for the premises on which the bingo games are conducted;

(2) If so, then the charitable organization shall state the following:

(a) The name, residence address, date of birth, and social security number of each individual employed to provide security;

(b) The police agency of which each individual is a member;

(c) If a private security agency is used, the name and address of the agency and number of the permit issued to such agency by the Ohio department of commerce;

(d) The rate to be paid for security;

(e) A statement that the charitable organization has confirmed that each individual employed to provide security has successfully completed a peace officer’s training course pursuant to sections 109.71 to 109.79 of the Revised Code.

(I) The charitable organization shall provide the following information regarding bingo equipment and supplies on the application:

(1) A statement whether bingo equipment will be owned or leased;

(2) If the bingo equipment is owned by the charitable organization, the following shall be provided:

(a) The name of the individual or entity from which the equipment was purchased;

(b) The date of purchase;

(3) If the bingo equipment is leased by the charitable organization, the following shall be provided:

(a) The name and address of the charitable organization licensed to conduct bingo from which the equipment will be leased;

(b) The rental amount to be paid;

(d) A copy of the lease agreement.

(4) The name and address of all distributors from whom the charitable organization purchased or leased bingo supplies in the previous year and the name and address of all distributors from whom the charitable organization intends to purchase bingo supplies.

(J) The charitable organization shall provide the following information regarding persons associated with the charitable organization on the application:

(1) The name, title, residence address, date of birth, social security number and daytime telephone number of its officers, directors, trustees and executive personnel;

(2) The name, residence address, date of birth, social security number, and daytime telephone number of all individuals who are responsible for maintaining and having custody of complete records relating to its bingo games pursuant to section 2915.10 of the Revised Code;

(3) The name, residence address, date of birth, social security number, and daytime telephone number of each individual who will assist and work in the operation of bingo, the location at which each individual will volunteer, and a statement as to whether the individual is or is not a member of the charitable organization;

(4) The name, address, date of birth, social security number, and daytime telephone number of each individual who will assist and work in the operation of concessions at the bingo session, and a statement as to whether the individual is or is not a member of the charitable organization;

(5) For all persons listed in response to paragraphs (D)(5), (D)(6), (J)(1), (J)(2), (J)(3), and (J)(4) of this rule who have ever been convicted of a felony or a gambling offense, the following information about that person shall be provided:

(a) Name;

(b) Address;

(d) Social security number.

(6) For all persons listed in response to paragraphs (D)(5), (D)(6), (J)(1), (J)(2), (J)(3), and (J)(4) of this rule who is now, or ever has been an agent, employee, servant, shareholder, partner, or owner of, or is otherwise related to, or associated with the organization or individual listed as the lessor of the bingo premises pursuant to paragraph (B)(3)(d)(iii) of this rule, the following information about that person shall be provided:

(a) Name;

(b) Address;

(7) For all individuals listed in response to paragraphs (J)(1), (J)(2), (J)(3) and (J)(4) of this rule, the following information shall be provided:

(a) A statement as to whether any of those persons is not a member, officer, director, trustee, or executive of the charitable organization;

(b) For each and every individual who is not a member, officer, director, trustee, or executive of the charitable organization, each individual’s name shall be provided, together with a statement of the relationship the individual has to the charitable organization;

(c) A statement as to whether any of those persons is a current or past volunteer at any other bingo operation, and if so, the individual’s name, the name and address of the bingo operation, and the dates of volunteer service.

(K) All applications shall be filed in duplicate and signed and sworn to by the individual listed as the “principal person” of the charitable organization pursuant to paragraph (D)(5) of this rule.

R.C. 119.032 review dates: 09/06/2006 and 09/06/2011

Promulgated Under: 111.15

Statutory Authority: 2915.08(A)(2)(g)

Rule Amplifies: 2915.08

Prior Effective Dates: 12/16/1988, 12/18/1989, 8/31/01, 12/18/2003

109:1-3-02 Requirements for charitable bingo license application for charitable organizations previously licensed to play bingo.

A charitable organization which has previously been licensed to conduct bingo shall apply for a license to conduct bingo in accordance with Chapter 2915 of the Revised Code by completing an application form prescribed by the attorney general. The application form may require, in addition to the information required pursuant to rule 109:1-3-01 of the Administrative Code, the following information for the one year period ending October thirty-first of the year immediately preceding the year for which the license is sought:

(A) The bingo license number of the charitable organization and the most recent year in which the organization filed a comprehensive bingo license application.

(B) The charitable organization shall provide the following information regarding charitable distributions on the application:

(1) The name of each and every recipient;

(2) The complete address of each recipient;

(3) The amount of proceeds donated to each recipient.

(1) The total number of bingo sessions conducted;

(2) The average attendance at the bingo sessions, which figure shall be derived by totaling the number of people who attended each and every session and dividing that number by the total number of sessions conducted;

(3) The charitable organization shall maintain a bank account for its bingo operations separate and distinct from other bank accounts of the charitable organization. For all financial institutions in which the charitable organization has placed proceeds generated from bingo, the following information shall be provided:

(a) The name and address of each financial institution;

(b) The type of account;

(d) A copy of the bank statement which includes the last day of the reporting period.

(4) A statement of the revenues generated during all of the bingo sessions conducted by the charitable organization, which shall include:

(a) The gross receipts from bingo games as defined in section 2915.01(S)(1) of the Revised Code;

(b) The gross receipts from raffles;

(d) Any other income generated during the bingo sessions.

(5) A statement of the expenses incurred in the conduct of all of the bingo sessions conducted by the charitable organization, which shall include:

(a) The total prizes awarded for bingo games as defined in section 2915.01(S)(1) of the Revised Code;

(b) The total prizes awarded from raffles;

(d) The total amount paid for rental of the bingo premises or total amount retained by the charitable organization as consideration for the use of its own premises;

(e) The total amount paid for advertising the bingo games;

(f) The total amount paid for bingo supplies;

(g) The total amount paid for bingo equipment;

(h) The total amount paid for electronic bingo aids;

(i) The total amount paid for tables and chairs;

(j) The total amount paid for audit or accounting services;

(k) The total amount paid for safes and cash registers;

(l) The total amount paid for bank fees;

(m) The total amount paid for maintenance and operation of the charitable organization’s facilities;

(n) The total amount paid for the organization’s Type I license fee.

(6) A reconciliation of the income and expenses from the bingo sessions, which shall include:

(a) The total of the revenues listed pursuant to paragraph (C)(4) of this rule;

(b) The total of the expenses listed pursuant to paragraph (C)(5) of this rule;

(d) The total charitable distributions made;

(e) The net proceeds undistributed at the end of the period;

(f) The balance at the beginning of the period;

(g) The balance at the end of the period, which shall be the sum of the figures set forth in paragraphs (C)(6)(e) and (C)(6)(f) of this rule. If this balance does not match the amount set forth on the bank statement submitted pursuant to paragraph (C)(3)(d) of this rule, then the charitable organization shall provide a reconciliation or other explanation as to why these two figures do not match in accordance with paragraph (D) of this rule.

(D) If the balance at the end of the period required by paragraph (C)(6)(g) of this rule does not match the amount set forth on the bank statement submitted pursuant to paragraph (C)(3)(d) of this rule, then the charitable organization shall provide the following information regarding this bank account on schedule B-4(a) of the application:

(1) The amount set forth on the bank statement submitted pursuant to paragraph (C)(3)(d) of this rule;

(2) The following additions:

(a) If income from concessions was deposited in the same account as the bingo income, the amount set forth for net concessions income submitted pursuant to paragraph (E)(3) of this rule;

(b) The amount and date of each separate deposit made prior to October thirty-first, but not yet appearing on the bank statement, and the total of these deposits;

(d) A complete explanation of any other additions to the account.

(3) A subtotal of all the additions set forth in paragraph (D)(2) of this rule;

(4) The following subtractions:

(a) The amount and date of each separate check and other withdrawal made prior to October thirty-first, but not yet appearing on the bank statement, and the total of these checks and other withdrawals;

(b) The total amount of service charges paid during the year;

(5) A subtotal of all the subtractions set forth in paragraph (D)(4) of this rule;

(6) The reconciled bank statement balance, reflecting the net effect of the additions and subtractions from paragraphs (D)(2) and (D)(4) of this rule;

(7) If the reconciled bank statement balance does not match the balance at the end of the period from paragraph (C)(6)(g) of this rule, then the charitable organization shall provide a detailed explanation of the discrepancy.

(E) The charitable organization shall provide the following information regarding concessions on the application:

(1) The gross proceeds from the sale of concessions at the bingo sessions;

(2) The total expenses for the sale of concessions at the bingo sessions;

(3) The net concessions, which shall be derived by subtracting the figure set forth in paragraph (E)(2) of this rule from the figure set forth in paragraph (E)(1) of this rule;

(4) A statement as to whether income from concessions was deposited into the same account in which the charitable organization deposited its income from bingo;

(5) If the charitable organization deposited income from concessions into the same account in which the charitable organization deposited its income from bingo, a statement of the total amount deposited into this account;

(6) If the charitable organization deposited the income from concessions into a different account from the one in which it deposited its income from bingo, the following information shall be provided:

(a) The name of the account;

(b) The name and address of the bank in which this account is located;

(d) The type of account;

(e) The net amount deposited in this account from the sale of concessions;

(f) The balance of this account as of the last day of the reporting period.

(F) A charitable organization shall provide a statement of whether any of the following information has changed in the preceding year, and if so, a written explanation of each change:

(1) The charitable organization’s tax exempt status;

(2) The charitable organization’s articles of incorporation or other governing document;

(3) The charitable organization’s charitable purpose or mission, or the manner in which the charitable organization accomplishes its charitable purpose or mission;

(4) The charities, causes, or organizations supported by the charitable organization;

(5) The parent organization of the charitable organization;

(6) The charitable organization’s standing with its parent organization.

(G) A charitable organization other than a veteran’s, fraternal, or sporting organization shall provide the following information regarding its conduct of instant bingo, including instant bingo conducted at a bingo session and other than at a bingo session:

(1)

(a) The total gross receipts for instant bingo from all locations;

(b) The total instant bingo prizes from all locations;

(d) The total amount paid for instant bingo supplies at all locations;

(e) The net profit from the proceeds of the sale of instant bingo at all locations.

(2) For each location at which the organization conducts instant bingo other than at a bingo session, the organization shall provide:

(a) The address of the location;

(b) The gross receipts from instant bingo;

(d) The gross profit from instant bingo;

(e) The total amount paid for instant bingo supplies;

(f) The net profit from the proceeds of the sale of instant bingo.

(H) A veteran’s, fraternal, or sporting organization shall provide the following information regarding its conduct of instant bingo, including instant bingo conducted at a bingo session and other than at a bingo session:

(1)

(a) The total gross receipts for instant bingo from all locations;

(b) The total instant bingo prizes from all locations;

(d) The total amount paid for instant bingo supplies at all locations;

(e) The net profit from the proceeds of the sale of instant bingo at all locations.

(2) The total amount of the net profit from the proceeds of the sale of instant bingo distributed pursuant to section 2915.101(A)(1)(a) of the Revised Code, the name of each organization that received such distributions, and the amount distributed to each organization.

(3) The total amount of the net profit from the proceeds of the sale of instant bingo distributed pursuant to section 2915.101(A)(1)(b) of the Revised Code, the name of each organization or purpose for which such distributions were made, and the amount distributed to each organization or for each purpose.

(4) A statement of the total amount of the net profit from the proceeds of the sale of instant bingo that were distributed for the organization’s expenses in the conduct of instant bingo and the amounts paid for each of the following:

(a) The total amount paid for the organization’s Type II or Type III annual license fee;

(b) The total amount paid for bank fees, service charges;

(d) The total amount paid for safes and cash registers;

(e) The total amount paid for security personnel;

(f) The total amount paid for bingo advertising;

(g) The total amount paid for tables and chairs;

(h) The total amount paid for the maintenance and operation of the organization’s facilities.

R.C. 119.032 review dates: 07/12/2005 and 07/12/2010

Promulgated Under: 111.15

Statutory Authority: 2915.08(A)(2)(g)

Rule Amplifies: 2915.08

Prior Effective Dates: 12/16/88, 12/18/89, 11/17/2003, 12/18/2003