This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 109:1-4-01 | Application for a charitable bingo license.
Effective:
December 23, 2021
(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 (C) of section 2915.08 of the Revised Code and
a license fee as required by division (C) of section 2915.08 of the Revised
Code and rules 109:1-4-17, 109:1-4-18, and 109:1-4-19 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 charitable organization as defined in division
(H) of section 2915.01 of the Revised Code, history of program services, tax
exempt status, continued existence with the Ohio secretary of state, 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 related to any charitable
organization that is a volunteer firefighter organization showing recognition
or ratification from the township, city, or county; (3) 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; (4) Information and records related to the charitable
organization's proposed bingo or instant bingo game; (5) Information and records related to the charitable
organization's non-bingo-related 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; (6) 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; (7) 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; (8) Information and records related to the charitable
organization's present and anticipated concessions and security at the
bingo or instant bingo game; (9) Information and records related to the charitable
organization's income, expenses, assets, liabilities, accounting and
bookkeeping personnel, and location of financial records; (10) Information and records related to the charitable
organization's present and anticipated use of bingo supplies and
equipment; and (11) 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/Business-and-Non-Profits/Bingo-Operator/Business-License.aspx.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-02 | Licensing generally.
Effective:
December 23, 2021
(A) An application for a license or
endorsement under Chapter 2915. of the Revised Code and this chapter is a
request by the applicant seeking a revocable privilege. A license or
endorsement may be granted by the attorney general if the applicant meets the
requirements of Chapter 2915. of the Revised Code and this
chapter. (B) An applicant for a license or
endorsement under Chapter 2915. of the Revised Code and this chapter shall, at
all times, have the burden of demonstrating to the attorney general, by clear
and convincing evidence, that the applicant is eligible, qualified, and
suitable to be granted and retain the license or endorsement for which
application is made under the applicable standards and requirements of Chapter
2915. of the Revised Code and this chapter. (C) A license or endorsement issued by
the attorney general under Chapter 2915. of the Revised Code or this chapter is
a revocable privilege granted by the attorney general. A person who holds a
license or endorsement does not acquire, and shall not be deemed to acquire, a
vested property right or other right, in the license or
endorsement. (D) An applicant or licensee shall accept
any risk of adverse publicity, public notice, notoriety, embarrassment,
criticism, financial loss, or other unfavorable or harmful consequences that
may occur in connection with, or as a result of, the application and licensing
or endorsement process or the public disclosure of information submitted to the
attorney general with a license application or at the attorney general's
request under Chapter 2915. of the Revised Code and this chapter. (E) Licensees have a continuing
obligation to demonstrate suitability to hold a license or endorsement by
complying with Chapter 2915. of the Revised Code, this chapter, and all
federal, state, and local laws relating to the suitability of the licensee. The
attorney general may reopen the investigation of a licensee at any time.
(F) No key employee of any charitable
organization applying for or holding a bingo license may serve as an employee
or representative of, be compensated in any way by, or serve as a volunteer
for, a distributor or manufacturer. (G) No key employee of any manufacturer,
distributor, or testing laboratory applying for or holding a bingo license may
serve as an employee or representative of, be compensated in any way by, or
serve as a volunteer for an organization licensed under Chapter 2915. of the
Revised Code. (H) An applicant and licensee shall have
a continuing duty to do all of the following: (1) Notify the attorney
general of a material change in the information submitted in the license or
endorsement application submitted by the applicant or licensee or a change in
circumstance, that may render the applicant or licensee ineligible,
unqualified, or unsuitable to hold the license under the licensing or
endorsement standards and requirements of the act and this
chapter. (2) Provide any
information requested by the attorney general relating to licensing,
endorsement or regulation; cooperate with the attorney general in
investigations, hearings, and enforcement and disciplinary actions; and comply
with all conditions, restrictions, requirements, orders, and rulings of the
attorney general in accordance with the Ohio Revised Code and this
chapter.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-03 | License applications.
Effective:
December 23, 2021
(A) Every application for a license or
endorsement issued pursuant to Chapter 2915 of the Revised Code and these rules
must be submitted on forms supplied or approved by the attorney general and
must contain such information and documents as required. (B) The applicant must file with the application all
required supplemental forms. (C) Upon request of the attorney general, the applicant
must further supplement any information provided in the application. The
applicant must provide all requested documents, records, supporting data, and
other information within the time period specified in the request. If the
applicant fails to provide the requested information within the required time
period as set forth in the request or these rules, the attorney general may
deny the application unless good cause is shown. (D) All information required to be included in an
application must be true and complete as of the date of attorney general action
sought by the applicant. If there is any change in the information contained in
the application, the applicant must file a written amendment in accordance with
these rules. (E) The applicant must cooperate fully with the attorney
general with respect to the background investigation of the applicant,
including, upon request, making available any and all of its books and records
for inspection. (F) The attorney general will automatically deny the
application of any applicant that refuses to submit to a background
investigation as required pursuant to Chapter 2915 of the Revised Code and
these rules. (G) Neither the State, the attorney general, any agency
with which the attorney general contracts to conduct background investigations,
nor the employees of any of the foregoing, may be held liable for any
inaccurate information obtained through such an investigation.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-04 | General grounds for resfusal to issue a license, denial of a license application or renewal, or revocation of a license.
Effective:
December 23, 2021
(A) The attorney general may refuse to
issue a license, deny a license renewal application, or revoke a license for
any license authorized under Chapter 2915. of the Revised Code or this chapter
on any grounds deemed reasonable by the attorney general. Without limiting the
foregoing, the attorney general may deny the application on any of the
following grounds: (1) Any reason set forth in division (C) of section
2915.081 or 2915.082 of the Revised Code. (2) Evidence of an applicant, key employee of an applicant,
or person owning five per cent or more of a direct or indirect financial
interest in the applicant and its affiliates, submitting an untrue or
misleading statement of material fact, or willful omission of any material
fact, in any application, statement, or notice filed with the attorney general,
made in connection with any investigation, including the background
investigation, or otherwise made to the attorney general or its
staff; (3) Evidence of an applicant engaging in business
operations, whether through direct participation, or via an
"arms-length" sales relationship wherein the applicant's
product, device, service or commodity being sold or provided has been
determined to be illegal gambling in the State or other jurisdiction where it
was utilized. (4) Evidence that an applicant has received direct or
indirect financial benefit derived from the operation of illegal gambling in
any jurisdiction. Financial benefit includes all sources of funding including
loans, securities, and includes all investments into applicant of capital,
equipment or software. (5) Conviction of any disqualifying offense as determined
in accordance with section 9.79 of the Revised Code in any jurisdiction by an
applicant, key employee of an applicant, or person owning five percent or more
of a direct or indirect financial interest in the applicant and its Affiliates,
which may affect the applicant's ability to properly perform his or her
duties or reflect unfavorably on the integrity of charity gaming in
Ohio; (6) Conviction of any gambling offense or pleading guilty
to any gambling offense in any jurisdiction by a key employee of the applicant,
the applicant, or by any affiliate of the applicant; (7) Entry of any civil or administrative judgment against
the applicant, a key employee of the applicant, or any affiliate of the
applicant that is based, in whole or in part, on conduct that allegedly
constituted a felony crime, or involvement in illegal gambling in the state or
other jurisdiction in which the conduct occurred that may affect the
applicant's ability to properly perform his or her or its duties or
reflect unfavorably on the integrity of charity gaming in Ohio; (8) Failure to satisfy any requirement for application or
to timely respond to any request by the attorney general for additional
information; and (9) Approval of the application would otherwise be contrary
to Ohio law or public policy.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-05 | Requirements for charitable bingo license application for charitable organizations previously licensed to play bingo games.
Effective:
December 23, 2021
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. (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) The total gross
receipts for instant bingo from all locations; (2) The total instant
bingo prizes from all locations; (3) The gross profit from
instant bingo at all locations. (4) The total amount paid
for instant bingo tickets at all locations; (5) The net profit from
the proceeds of the sale of instant bingo at all locations; (6) 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; (7) 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; (F) The charitable organization shall, at
the request of the attorney general, provide documentation that proves
continued charitable programming and the use of bingo proceeds to fund such
charitable programming.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-06 | Charitable instant bingo fundraising agreements.
Effective:
November 1, 2023
(A) Where a charitable organization
desires to allow the lessor or owner of a location to assist the charitable
organization in conducting instant bingo games other than at a bingo session as
authorized by division (B) of section 2915.093 and section 2915.094 of the
Revised Code, the charitable organization and the lessor or owner shall execute
a written contract on a form provided by the attorney general titled
"Instant Bingo Fundraising Contract for 501(c)(3) Organizations" and
dated May 2023 and made available on the attorney general website. (B) Where a veteran's, fraternal, or
sporting organization desires to conduct instant bingo other than at a bingo
session to raise money for a charity as authorized by section 2915.13 of the
Revised Code, the veteran's, fraternal, or sporting organization and the
charity shall execute a written contract on a form provided by the attorney
general titled "Instant Bingo Fundraising Contract with Veteran's,
Fraternal, or Sporting Organizations" and dated May 2023 and made
available on the attorney general website.
Last updated November 1, 2023 at 8:24 AM
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Rule 109:1-4-07 | Instant bingo other than at a bingo session; location.
Effective:
December 23, 2021
No charitable instant bingo organization shall
conduct instant bingo other than at a bingo session at a location where the
primary source of retail income from all commercial activity at that location
is the sale of instant bingo tickets.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-08 | Bingo license types; who may obtain bingo license.
Effective:
December 23, 2021
(A) The attorney general may issue three
types of licenses as follows: (1) A type I bingo license for the conduct of bingo as
defined in division (O)(1) of section 2915.01 of the Revised Code; (2) A type II bingo license for the conduct of instant
bingo, electronic instant bingo, or both at a bingo session; and (3) A type III bingo license for the conduct of instant
bingo, electronic instant bingo, or both other than at a bingo session.
(B) A
charitable organization as defined in division (H) of section 2915.01 of the
Revised Code may apply for the following types of bingo license: (1) A type I bingo license; (2) A type II bingo license for the conduct of instant
bingo for use in conjunction with that organization's type I bingo
license; and (3) A type III bingo license for the conduct of instant
bingo. (C) A
veteran's organization as defined in division (J) of section 2915.01 of
the Revised Code and a fraternal organization as defined in division (L) of
section 2915.01 of the Revised Code may apply for the following types of bingo
license: (1) A type I bingo license. (2) A type II bingo license for the conduct of instant
bingo, electronic instant bingo, or both for use in conjunction with that
organization's type I bingo license; and (3) A type III bingo license for the conduct of instant
bingo or electronic instant bingo.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-09 | Veterans or fraternal organizations; authorized to conduct bingo.
Effective:
December 23, 2021
For purposes of division (A) of section 2915.13 of
the Revised Code, "authorized to conduct a bingo session" means
eligible to obtain a license to conduct a bingo session, but does not mean
licensed.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-10 | Expenses.
Effective:
December 23, 2021
(A) Pursuant to division (GG) of section
2915.01 of the Revised Code, "expenses" includes using, giving,
donating or otherwise transferring part or all of the gross receipts from bingo
as defined in division (O)(1) of section 2915.01 of the Revised Code, by a
licensee, for a charitable purpose listed in its license application and
described in division (V) of section 2915.01 of the Revised Code. (B) Pursuant to division (GG) of section 2915.01 of the
Revised Code, "expenses" includes using, giving, donating or
otherwise transferring part or all of the gross receipts from instant bingo, as
defined in division (AA) of section 2915.01 of the Revised Code, by a licensee,
for a charitable purpose listed in its license application and in accordance
with section 2915.101 of the Revised Code.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-11 | Bingo supplies; sale by distributor.
Effective:
December 23, 2021
(A) For purposes of division (E)(1) of
section 2915.081 of the Revised Code, "bingo supplies" means those
items as defined in division (Z) of section 2915.01 of the Revised Code that
are sold for any activity for which a charitable organization is required to be
licensed pursuant to Chapter 2915. of the Revised Code. (B) "Bingo supplies" does not include either of
the following: (1) Bingo cards or sheets and devices for selecting or
displaying the combination of bingo letters and numbers if sold or otherwise
provided to, and used by, a multipurpose senior center strictly in accordance
with section 173.121 of the Revised Code; and (2) Raffle tickets and devices for selecting raffle tickets
if sold or otherwise provided to a charitable organization, a public school, a
chartered nonpublic school, a community school, a veteran's organization,
a fraternal organization or a sporting organization, and are used by that
entity strictly in accordance with section 2915.092 of the Revised
Code.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-12 | Owner or lessor assistance in the conduct of instant bingo.
Effective:
December 23, 2021
For purposes of division (B)(1) of section 2915.093
of the Revised Code, the phrase "to allow the owner or lessor to assist in
the conduct of instant bingo other than at a bingo session" does not
include any owner or lessor who meets all of the following: (A) The owner or lessor does not assist the charitable instant
bingo organization in the conduct of bingo; (B) The owner or lessor
provides only the premises to the charitable instant bingo organization and
does not, directly or indirectly, provide the organization with bingo game
operators, security personnel, concessions or concession operators, bingo
supplies, or any other type of service or equipment; (C) The owner or lessor does
not operate any commercial activity or other form of business activity at the
premises leased to the charitable instant bingo organization; and (D) No portion of any rent or
other consideration paid to the owner or lessor is paid from any proceeds from
the sale of instant bingo other than at a bingo session.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-13 | Definition of "calendar year" for the distribution of net profit from the proceeds of the sale of instant bingo; veteran's, fraternal, or sporting organization.
Effective:
December 23, 2021
For purposes of division (A)(1) of section 2915.101
of the Revised Code, the term "calendar year" shall mean the twelve
month period extending from November first through the following October
thirty-first, otherwise known as the bingo fiscal year.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-14 | Transfer to general account; veteran's, fraternal, or sporting organization.
Effective:
December 23, 2021
A veteran's organization, a fraternal organization, or a
sporting organization may transfer to the organization's general account,
by check or electronic fund transfer from the checking account devoted
exclusively to the organization's instant bingo game, the percentage of
the net profit from the proceeds of the sale of instant bingo allowable for the
organization's expenses in conducting the instant bingo game pursuant to
division (A)(1) of section 2915.101 of the Revised Code, if all of the
following conditions apply: (A) The organization pays all expenses
for the purchase of instant bingo tickets or cards by check or electronic fund
transfer from the checking account devoted exclusively to the instant bingo
game; (B) The organization deposits the proceeds
from the sale of instant bingo into the checking account devoted exclusively to
the instant bingo game within seven days of the close of the deal of instant
bingo tickets; (C) The organization records the sale of all
instant bingo tickets upon a ledger form approved by the attorney
general; (D) The organization complies with all
provisions of Chapter 2915. of the Revised Code in conducting charitable
gaming.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-15 | Net profit from the proceeds of the sale of instant bingo.
Effective:
December 23, 2021
For the purposes of division (RR) of section 2915.01 of the Revised
Code, the term "ordinary, necessary, and reasonable expense expended for
the purchase of instant bingo supplies" includes: (A) The purchase price of instant bingo
tickets purchased by a veterans, fraternal or sporting organization for instant
bingo as defined in division (GG) of section 2915.01 of the Revised
Code; (B) Bank fees and interest actually expended
to a financial institution that is a member of the federal deposit insurance
corporation for the maintenance of a depository account devoted exclusively to
bingo as defined in division (GG) of section 2915.01 of the Revised
Code; (C) The amount actually expended to the Ohio
attorney general's office for a license to conduct instant bingo as
defined in division (GG) of section 2915.01 of the Revised Code; (D) The amount actually expended to purchase
and/or update a program utilized to track the sale of instant bingo
tickets.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-16 | Instant bingo non-cash prizes.
Effective:
December 23, 2021
(A) For purposes of division (EE) of section 2915.01 of the
Revised Code, the terms "prize" or "prize awards" may
include prizes other than cash prizes, i.e. non-cash prizes. (B) If a non-cash prize is
awarded as a prize in an instant bingo game, when calculating gross profit the
organization shall record the value of the prize as the amount actually
expended by the organization for the purchase of the non-cash prize, including
the actual cost of the non-cash prize and any sales tax actually expended by
the organization for the purchase of the non-cash prize. The organization shall
attach a copy of the itemized receipt for the purchase of the non-cash prize to
the corresponding invoice for the purchase of the deal of instant bingo tickets
for which the non-cash prize is awarded. (C) The organization shall
pay for the purchase of non-cash prizes by check or electronic fund transfers
drawn from the checking account devoted exclusively to the bingo session or
game.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-17 | Charitable bingo license fees for bingo as defined in division (O)(1) of section 2915.01 of the Revised Code.
Effective:
December 23, 2021
Where a charitable organization submits an
application for a license to conduct bingo as defined in division (O)(1) of
section 2915.01 of the Revised Code, the license fee for the conduct of bingo
as defined in division (O)(1) of section 2915.01 of the Revised Code shall be
two hundred dollars. Where a charitable organization submits an
application for a license to conduct bingo as defined in division (O)(1) of
section 2915.01 of the Revised Code during fewer than twenty-six weeks in a
calendar year, the license fee shall be as follows: (A) One hundred fifty dollars where a
charitable organization desires to conduct bingo, as defined in division (O)(1)
of section 2915.01 of the Revised Code, during more than four weeks but fewer
than twenty-six weeks in a calendar year; (B) Fifty dollars where a charitable organization desires
to conduct bingo, as defined in division (O)(1) of section 2915.01 of the
Revised Code, for four or fewer weeks in a calendar year.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-18 | License fees for charitable instant bingo at a bingo session.
Effective:
December 23, 2021
(A) Where a charitable organization that was not licensed in the
preceding year submits an application for a license to conduct instant bingo as
defined in division (AA) of section 2915.01 of the Revised Code at a bingo
session, the license fee for the conduct of instant bingo at a bingo session
shall be: (1) Fifty
dollars if submitting an application for five or fewer days in a calendar
year; (2) Two
hundred dollars if submitting an application for more than five days but no
more than four weeks in a calendar year; (3) Four
hundred fifty dollars if submitting an application for more than four weeks but
fewer than twenty-six weeks in a calendar year; (4) Five
hundred dollars if submitting an application for twenty-six or more weeks in a
calendar year. (B) Where a charitable
organization that was licensed in the preceding year submits an application for
a license to conduct instant bingo as defined in division (AA) of section
2915.01 of the Revised Code at a bingo session during twenty-six or more weeks
in a calendar year, the license fee for the conduct of instant bingo at a bingo
session shall be based upon the gross profits received by the charitable
organization from the operation of instant bingo at a bingo session, during the
one-year period ending on the thirty-first day of October of the year
immediately preceding the year for which the license is sought, and that is one
of the following: (1) Five
hundred dollars, if the total is fifty thousand dollars or less; (2) One
thousand two hundred fifty dollars plus one-fourth per cent of the gross
profit, if the total is more than fifty thousand dollars but less than two
hundred fifty thousand one dollars; (3) Two
thousand two hundred fifty dollars plus one-half per cent of the gross profit,
if the total is more than two hundred fifty thousand dollars but less than five
hundred thousand one dollars; (4) Three
thousand five hundred dollars plus one per cent of the gross profit, if the
total is more than five hundred thousand dollars but less than one million one
dollars; (5) Five
thousand dollars plus one per cent of the gross profit, if the total is one
million one dollars or more. (C) Where a charitable
organization that was licensed in the previous year submits an application to
conduct instant bingo as defined in division (AA) of section 2915.01 of the
Revised Code at a bingo session during more than four weeks but fewer than
twenty-six weeks in a calendar year, the license fee shall be paid at ninety
per cent of the schedule set forth in paragraph (B) of this rule. (D) Where a charitable
organization submits an application to conduct instant bingo as defined in
division (AA) of section 2915.01 of the Revised Code at a bingo session during
more than five days but no more than four weeks in a calendar year, and the
gross profits received by the charitable organization from the operation of
instant bingo at a bingo session, during the one year period ending on the
thirty-first day of October for the year immediately preceding the year for
which the license is sought, is fifty thousand dollars or less, the license fee
shall be two hundred dollars. (E) Where a charitable
organization submits an application to conduct instant bingo as defined in
division (AA) of section 2915.01 of the Revised Code at a bingo session during
five or fewer days in a calendar year and the gross profits received by the
charitable organization from the operation of instant bingo at a bingo session
during the one year period ending on the thirty-first day of October for the
year immediately preceding the year for which the license is sought is fifty
thousand dollars or less, the license fee shall be fifty dollars. (F) Where a charitable
organization that has been issued a license pursuant to paragraphs (D) and (E)
of this rule but that cannot conduct instant bingo at the location, or on the
day of the week or at the time, specified on the license due to circumstances
that make it impractical to do so, or that desires to conduct instant bingo
other than at a bingo session at additional locations not identified on the
license, may apply in writing at least thirty days prior to a change in or
addition of a location, day of the week, or time, and request an amended
license. As applicable, the application shall describe the causes making it
impractical for the organization to conduct bingo or instant bingo in
conformity with its license and shall indicate the location, days of the week,
and times on each of those days when it desires to conduct bingo or instant
bingo and, as applicable, shall indicate the additional locations at which it
desires to conduct instant bingo other than at a bingo session. Except as
otherwise provided in section 2915.08 of the Revised Code, the attorney general
shall issue the amended license in accordance with division (E) of section
2915.08 of the Revised Code, and the organization shall surrender its original
license to the attorney general. The attorney general may refuse to grant an
amended license according to the terms of division (B) of section 2915.08 of
the Revised Code. There shall be no application fee for amendments requested
pursuant to this rule.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-19 | License fees for charitable instant bingo other than at a bingo session.
Effective:
December 23, 2021
(A) Where a charitable organization that
was not licensed in the preceding year submits an application for a license to
conduct instant bingo as defined in division (AA) of section 2915.01 of the
Revised Code other than at a bingo session, the license fee for the conduct of
instant bingo other than at a bingo session shall be: (1) Fifty dollars if submitting an application for five or
fewer days in a calendar year; (2) Two hundred dollars if submitting an application for
more than five days but no more than four weeks in a calendar
year; (3) Four hundred fifty dollars if submitting an application
for more than four weeks but fewer than twenty-six weeks in a calendar
year; (4) Five hundred dollars if submitting an application for
twenty-six or more weeks in a calendar year. (B) Where a charitable organization that was licensed in
the preceding year submits an application for a license to conduct instant
bingo as defined in division (AA) of section 2915.01 of the Revised Code other
than at a bingo session during twenty-six or more weeks in a calendar year, the
license fee for the conduct of instant bingo at a bingo session shall be based
upon the gross profits received by the charitable organization from the
operation of instant bingo other than at a bingo session, during the one-year
period ending on the thirty-first day of October of the year immediately
preceding the year for which the license is sought, and that is one of the
following: (1) Five hundred dollars, if the total is fifty thousand
dollars or less; (2) One thousand two hundred fifty dollars plus one-fourth
per cent of the gross profit, if the total is more than fifty thousand dollars
but less than two hundred fifty thousand one dollars; (3) Two thousand two hundred fifty dollars plus one-half
per cent of the gross profit, if the total is more than two hundred fifty
thousand dollars but less than five hundred thousand one dollars; (4) Three thousand five hundred dollars plus one per cent
of the gross profit, if the total is more than five hundred thousand dollars
but less than one million one dollars; (5) Five thousand dollars plus one per cent of the gross
profit, if the total is one million one dollars or more. (C) Where a charitable organization that was licensed in
the preceding year submits an application to conduct instant bingo as defined
in division (AA) of section 2915.01 of the Revised Code other than at a bingo
session during more than four weeks but fewer than twenty-six weeks in a
calendar year, the license fee shall be paid at ninety per cent of the schedule
set forth in paragraph (B) of this rule. (D) Where a charitable organization that was licensed in
the preceding year submits an application to conduct instant bingo as defined
in division (AA) of section 2915.01 of the Revised Code other than at a bingo
session during more than five but no more than four weeks in a calendar year,
the license fee shall be paid at ninety per cent of the schedule set forth in
paragraph (B) of this rule, except if the gross profits received by the
charitable organization from the operation of instant bingo other than at a
bingo session, during the one year period ending on the thirty-first day of
October for the year immediately preceding the year for which the license is
sought, is fifty thousand dollars or less, the license fee shall be two hundred
dollars. (E) Where a charitable organization submits an application
to conduct instant bingo as defined in division (AA) of section 2915.01 of the
Revised Code other than at a bingo session during five or fewer days in a
calendar year, and the gross profits received by the charitable organization
from the operation of instant bingo at a bingo session, during the one year
period ending on the thirty-first day of October for the year immediately
preceding the year for which the license is sought, is fifty thousand dollars
or less, the license fee shall be fifty dollars. (F) Where a charitable organization that has been issued a
license pursuant to paragraphs (D) and (E) of this rule but that cannot conduct
instant bingo other than at a bingo session at the location, or on the day of
the week or at the time, specified on the license due to circumstances that
make it impractical to do so, or that desires to conduct instant bingo other
than at a bingo session at additional locations not identified on the license,
may apply in writing at least thirty days prior to a change in or addition of a
location, day of the week, or time, and request an amended license. As
applicable, the application shall describe the causes making it impractical for
the organization to conduct bingo or instant bingo in conformity with its
license and shall indicate the location, days of the week, and times on each of
those days when it desires to conduct bingo or instant bingo and, as
applicable, shall indicate the additional locations at which it desires to
conduct instant bingo other than at a bingo session. Except as otherwise
provided in section 2915.08 of the Revised Code, the attorney general shall
issue the amended license in accordance with division (E) of section 2915.08 of
the Revised Code, and the organization shall surrender its original license to
the attorney general. The attorney general may refuse to grant an amended
license according to the terms of division (B) of section 2915.08 of the
Revised Code. There shall be no application fee for amendments requested
pursuant to this rule.
Last updated December 23, 2021 at 12:36 AM
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Rule 109:1-4-20 | Bingo game operator.
Effective:
September 25, 2022
For purposes of Chapter 2915. of the Revised Code
"bingo game operator" of electronic instant bingo means any person
who sells or redeems electronic instant bingo tickets, credits, or vouchers, or
who accesses an electronic instant bingo system or electronic instant bingo
funds other than as a participant.
Last updated September 26, 2022 at 8:39 AM
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Rule 109:1-4-21 | Distributing net profit from proceeds of sale of instant bingo.
Effective:
November 1, 2023
For purposes of division (A)(1)(a) and (A)(1)(b) of
section 2915.101 of the Revised Code, two hundred fifty thousand dollars shall
be replaced with three hundred thirty thousand dollars, as follows: (A) (1) If a veteran's
organization, a fraternal organization, or a sporting organization conducted
the instant bingo or electronic instant bingo, the organization shall
distribute the net profit from the proceeds of the sale of instant bingo or
electronic instant bingo, as follows: (a) For the first three hundred thirty thousand dollars or
less of net profit from the proceeds of the sale of instant bingo or electronic
instant bingo generated in a calendar year: (i) At least twenty-five
per cent shall be distributed to an organization described in division (V)(1)
of section 2915.01 of the Revised Code or to a department or agency of the
federal government, the state, or any political subdivision. (ii) Not more than
seventy-five per cent may be deducted and retained by the organization for
reimbursement of or for the organization's expenses, as defined in
division (GG) of section 2915.01 of the Revised Code, in conducting the instant
bingo or electronic instant bingo game. (b) For any net profit from the proceeds of the sale of
instant bingo or electronic instant bingo of more than three hundred thirty
thousand dollars: (i) A minimum of fifty
per cent shall be distributed to an organization described in division (V)(1)
of section 2915.01 of the Revised Code or to a department or agency of the
federal government, the state, or any political subdivision. (ii) Five per cent may be
distributed for the organization's own charitable purposes or to a
community action agency. (iii) Forty-five per cent
may be deducted and retained by the organization for reimbursement of or for
the organization's expenses, as defined in division (GG) of section
2915.01 of the Revised Code, in conducting the instant bingo or electronic
instant bingo game. (2) If a veteran's
organization, a fraternal organization, or a sporting organization does not
distribute the full percentages specified in paragraphs (A)(1)(a) and (A)(1)(b)
of this rule for the purposes specified in those paragraphs, the organization
shall distribute the balance of the net profit from the proceeds of the sale of
instant bingo or electronic instant bingo not distributed or retained for those
purposes to an organization described in division (V)(1) of section 2915.01 of
the Revised Code.
Last updated November 1, 2023 at 8:24 AM
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