Chapter 3770:2-6 Gaming Operations

3770:2-6-01 Video lottery operations; hours of operation and number and type of video lottery terminals.

(A) Video lottery sales agents shall make their licensed facilities available for video lottery twenty-four hours per day, seven days per week, unless otherwise approved by the director.

(B) A determination regarding the number of video lottery terminals that shall be located at and operational at the licensed facility shall involve discussions between the video lottery sales agent and the director. Unless otherwise approved by the director, no video lottery sales agent shall have more than two thousand five hundred video lottery terminals operational at the licensed facility.

(C) The director may require that video lottery sales agent not acquire from the same video lottery terminal provider more than a certain percentage of video lottery terminals. Any requirement regarding the maximum percentage of video lottery terminals that may be acquired from the same video lottery terminal provider by one video lottery sales agent shall apply equally to all video lottery sales agents, and shall be set forth by the commission in a rule promulgated under division 3770:2 of the Administrative Code. All video lottery games offered through a video lottery terminal must be approved by the lottery prior to being offered for sale.

Effective: 03/30/2012
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 , 3770.03
Prior Effective Dates: 8/18/09 (Emer), 10/28/2010

3770:2-6-02 Video lottery operations; maintenance and repair of video lottery terminals.

(A) Training. A video lottery terminal may not be placed into operation in the state until the technology provider of the video lottery terminal provides training for the maintenance, repair, and servicing of video lottery terminals.

(B) Level of maintenance, repair and service. The video lottery sales agent shall facilitate and shall be responsible for the costs associated with the maintenance, repair, and service of the video lottery terminals, which includes but may not be limited to acquisition costs and paper costs, located at its facility as necessary and as required in order to ensure continued operation of the video lottery terminals.

(1) A maintenance log shall be kept for each video lottery terminal which shall be used to log each person, including lottery personnel, who gain entry into any internal space of a video lottery terminal.

(2) The log, at a minimum, shall include the name of the person, date and time of entry, and areas or components of the video lottery terminal accessed. The logs shall be maintained for a minimum of three years unless otherwise determined by the director, and shall be made available to the director upon request.

(C) Reports. In addition to any reports that may be required to be provided by technology providers of video lottery terminals, as required by the director, video lottery sales agents shall provide reports regarding maintenance, repair and service of video lottery terminals.

Effective: 03/30/2012
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 , 3770.03
Prior Effective Dates: 8/18/09 (Emer), 10/28/2010

3770:2-6-03 Video lottery operations; security and surveillance.

(A) Security and surveillance plan. Each video lottery sales agent shall submit to the lottery, for approval by the lottery's security director, a description of its proposed security and surveillance plan(s). The security and surveillance plan may be submitted as one combined plan or as a separate security plan and a separate surveillance plan.

(1) The security and surveillance plan shall be submitted on such date as determined by the director which shall be a date prior to commencement of video lottery at the video lottery sales agent's facility.

(2) The security and surveillance plan(s) shall address all aspects of security and surveillance, whether physical and otherwise, as required by the director, which may include but not be limited to facility security, data security, financial security, and disaster recovery. At a minimum the security and surveillance plan(s) shall include but not be limited to a plan to address the following:

(a) Any areas within a video lottery sales agent's facility which involve or relate to video lottery, shall be continuously monitored through the use of closed circuit television system, or other system approved by the director, by means which are capable of identifying conduct related to or involving video lottery including but not limited to video lottery participants and video lottery terminal screens. Unless the director informs a video lottery sales agent that a video tape or other recording medium is required to be retained for evidentiary purposes for a longer period than fourteen days, all video tapes or other recording medium shall be retained for a period of at least fourteen days and be available for viewing by an authorized representative of the commission. In the event that a claim is made alleging a violation of rules under division 3770:2 of the Administrative Code or under Ohio or federal law, the video lottery sales agent shall retain the video tape or other recording medium until such time that the director advises that the video lottery sales agent is no longer required to retain the video tape or other recording medium. The cost of monitoring shall be the responsibility of the video lottery sales agent;

(b) The commission's office of security personnel shall have unrestricted access to all areas of video lottery sales agent's facilities which involve or pertain to video lottery operations. Each video lottery sales agent, and each member of a video lottery sales agent's security and surveillance department, shall timely comply with all requests from the commission and/or the commission's office of security personnel;

(c) A designation as to how the video lottery sales agent plans to provide for a clearly identifiable separation between the video lottery area and the racing wagering area; and

(d) The security and surveillance plan(s) shall include emergency procedures and disaster recovery procedures.

(3) The security and surveillance plan(s) may be deemed an infrastructure record and/or security record as set forth in section 149.433 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code.

(4) Any updates or changes to an approved security and surveillance plan(s) require prior approval of the director unless otherwise waived by the director.

(B) Security and surveillance personnel. Employees who have authority related to security and surveillance or who perform security and surveillance activities must apply for and be granted a license as required under the provisions of division 3770:2 of the Administrative Code.

Effective: 03/30/2012
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.02 , 3770.03
Prior Effective Dates: 8/18/09 (Emer), 10/28/2010

3770:2-6-04 Video lottery operations; transportation, relocation, installation and certification of video lottery terminals.

Activity relating to or occurring in connection with video lottery terminals shall be performed in accordance with and in a manner approved by the director.

(A) Transportation of video lottery terminals. Prior to transportation of a video lottery terminal within or out of the state, the video lottery sales agent and/or technology providers shall provide prior notification to the director. Notification shall be provided in a manner determined by the director to be acceptable.

(B) Relocation and installation of video lottery terminals within a video lottery sales agent's facility. As required by the director, a video lottery sales agent shall provide the lottery with an updated video lottery terminal floor plan which sets forth the number of video lottery terminals, the names of the video lottery terminal providers (and the number of video lottery terminals provided by each different video lottery terminal provider), and the location of each video lottery terminal.

(C) Certification. All certifications required by the lottery for video lottery terminals and video lottery games must be provided and must occur in accordance with rule 3770:2-5-01 of the Administrative Code and any other required procedures and any required certifications shall be in place prior to operation by the public of any video lottery terminal.

Effective: 12/29/2011
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.03 and 3770.21
Prior Effective Dates: 8/18/09 (Emer), 10/28/2010

3770:2-6-05 Video lottery operations; advertising and promotion.

The director may prohibit video lottery sales agents from engaging in certain advertising and promotions deemed by the director to be inappropriate. Unless otherwise approved by the director, any costs associated with advertising or promotions initiated by the video lottery sales agent are the responsibility of the video lottery sales agent. The director may initiate advertising and promotional programs and may provide video lottery sales agents with such materials as deemed appropriate.

Effective: 10/28/2010
R.C. 119.032 review dates: 10/28/2015
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.06 , 3770.21