Chapter 109:1-3 Application for Charitable Bingo License

109:1-3-01 Application for charitable bingo license.

(A) 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 by submitting the information required by division (A)(2) of section 2915.08 of the Revised Code and a license fee as required by division (A)(1) of section 2915.08 of the Revised Code and Chapter 109:1-2 of the Administrative Code. A charitable organization may also be required to submit the following information:

(1) Information and records establishing the charitable organization's organizational status, qualification as a charitable organization, qualification as a particular type of charitable organization as listed in division (H) of section 2915.01 of the Revised Code, history of program services, tax exempt status, parent organizations, subsidiary organizations, associated organizations, good standing status with parent or associated organizations, board, and compliance with the registration and reporting requirements of sections 1716.02, 1716.03, 1716.04, 109.26 and 109.31 of the Revised Code;

(2) Information and records relating to the charitable organization's present, former and anticipated locations, rental arrangements, real property, related organizations, other organizations sharing or utilizing property, and lessors;

(3) Information and records related to the charitable organization's proposed bingo or instant bingo game;

(4) Information and records relating to the charitable organization's past or present licenses, application rejections, license denials, license revocations, license suspensions, settlements with governmental entities, related fines, and citations from any law enforcement agency for gambling violations;

(5) Information and records related to the charitable organization's trustees, officers, directors, employees, agents, volunteers, bingo operators, anticipated bingo operators, concession workers, anticipated concession workers, and other associated persons of the charitable organization including felonies and gambling offenses committed by such persons and other bingo games at which such persons volunteered;

(6) Information and records related to the charitable organization's present and anticipated use of bingo and instant bingo proceeds and the charitable programming that will be benefitted by those bingo and instant bingo proceeds;

(7) Information and records related to the charitable organization's present and anticipated concessions and security at the bingo or instant bingo game;

(8) Information and records related to the charitable organization's income, expenses, assets, accounting and bookkeeping personnel, and location of financial records;

(9) Information and records related to the charitable organization's present and anticipated use of bingo supplies and equipment; and

(10) Any other information or records required to be submitted by the attorney general.

(B) The principal person who has overall responsibility of the charitable organization's activities must review and attest under oath to the accuracy of all information submitted pursuant to this rule.

(C) Where required, the information shall be submitted through the attorney general's website located at:www.ohioattorneygeneral.gov/services/non-profits/services-for-bingo/bingo-license

Replaces: 109:1-3-01

Effective: 05/18/2012
R.C. 119.032 review dates: 05/18/2017
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, 11/17/03(Emer), 12/18/2003

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

A charitable organization that has previously been licensed to conduct charitable bingo games shall apply for a license in accordance with Chapter 2915. of the Revised Code and shall provide the following information with its bingo license application:

(A) The charitable organization shall provide the following information regarding charitable distributions :

(1) The name of each and every recipient;

(2) The complete address of each recipient;

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

(4) The net proceeds available for charitable purposes;

(5) The total charitable distributions made.

(B) The charitable organization shall provide the following information from all bingo conducted as defined in division (O)(1) of section 2915.01 of the Revised Code:

(1) The total number of bingo sessions or games conducted;

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

(3) Pursuant to division (C) of section 2915.10 of the Revised Code, the charitable organization shall deposit gross profits from each bingo session or game into a separate and distinct checking account devoted exclusively to the bingo session or game. For all such checking accounts, the following information shall be provided:

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

(b) The type of account;

(c) The number of the account .

(d)

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

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

(b) The gross receipts from raffles;

(c) The revenue from the sale of supplies ;

(d) Any other revenue generated during bingo .

(5) A statement of all deductions from gross receipts and revenues the expenses incurred in the conduct of bingo by the charitable organization, which shall include:

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

(b) The total prizes awarded from raffles;

(c) The total amount paid to security personnel;

(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 bingo ;

(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 and service charges;

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

(n) The total amount paid for the organization's bingo license fee ;

(o) The total amount paid for real property taxes and assessments only for the parcel where bingo is conducted.

(C) 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 parent organization of the charitable organization;

(5) The charitable organization's standing with its parent organization.

(D) 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) For each location at which the organization conducts instant bingo during a bingo session, the organization shall provide:

(a) The total gross receipts for instant bingo ;

(b) The total instant bingo prizes ;

(c) The total gross profit from instant bingo ;

(d) The total amount paid for instant bingo tickets;

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

(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;

(c) The total amount of instant bingo prizes;

(d) The gross profit from instant bingo;

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

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

(g) The expenses, as defined in division (D) of section 2915.093 of the Revised Code, paid to the owner or lessor of the location.

(E) 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;

(c) The gross profit from instant bingo at all locations;

(d) The total amount paid for instant bingo tickets 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 division (A)(1)(a) of section 2915.101 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 division (A)(1)(b) of section 2915.101 of the Revised Code, the name of each organization and purpose for which such distributions were made, and the amount distributed to each organization and 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 and/ or type III annual license fee;

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

(c) The total amount paid for audit and accounting services;

(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 ;

(i) The total amount paid for real property taxes and assessments only for the parcel where bingo is conducted.

Effective: 2/12/2016
Five Year Review (FYR) Dates: 11/25/2015 and 02/12/2021
Promulgated Under: 119.03
Statutory Authority: 2915.08(A)(2)(g)
Rule Amplifies: 2915.08
Prior Effective Dates: 12/16/1988, 12/18/1989, 11/17/2003 (Emer), 12/18/2003