(A) "Agent" means any person who is employed, whether or not paid in any manner, by a concessionaire to work in any game or novelty stand at a fair.
(B) "Amusement" means an entertainment that is applied to activities, where no prize or where equal prizes are given by the operator/agent to each participant, whether or not the object is accomplished. An example may include, but is not limited to, electronic amusement games, or any pleasurable activity where a player places a stake, in the anticipation of little or no reward.
(C) "Concession" means any show, game, or novelty stand operation at a fair or exposition.
(D) "Concessionaire" means any person who owns, operates, or leases a concession and has obtained a license from the department.
(E) "Department" means the Ohio department of agriculture.
(F) "Director" means the director of the Ohio department of agriculture.
(G) "Fair" means the annual exposition conducted by any county or independent agricultural society or the Ohio expositions commission.
(H) "Electronic Amusement Game" means a non-gambling game that employs electronics to create an interactive system with which only a single player can play, of which the outcome is predominantly determined by the skill of the player and for which a prize is awarded.
(I) "Group games" are those games where the skill of one or more players is pitted against the skills of other players playing the same game simultaneously.
(J) "Inspector" means any person employed by the department or under contract with the department, the director or the director's designee, assigned to work at county or independent fairs or the Ohio state fair for the purpose of inspecting games, shows, concessions, and sales of novelties.
(K) "Novelty" means any items for sale that list the fair's name and/or logo and are approved for souvenir sale by the county or independent agricultural society or by the Ohio expositions commission.
(L) "Novelty stand" means a location at a fair from which novelties are sold.
(M) "Person" means any individual, partnership, corporation or agent of the same, acting either individually, or as a group, in any manner covered by this chapter.
(N) "Player" means any person who plays a game at a fair whether or not he is attempting to win a prize.
(O) "Prize" means any item won by a player of a game at a fair upon completion of some task.
(P) "Show" means an exhibition or demonstrative display but not a grandstand or other fair-sponsored event.
(Q) "Trade up games" are those games where a prize that was awarded for a win at one tier may be combined to trade up for a prize at another tier.
Five Year Review (FYR) Dates: 01/06/2017 and 03/23/2022
Promulgated Under: 119.03
Statutory Authority: 1711.11
Rule Amplifies: 1711.11
Prior Effective Dates: 1/28/74, 8/11/78, 12/23/86, 6/20/88, 8/6/90, 8/18/00, 6/15/14