Ohio Adm.Code 109:1 | Ohio Administrative Code 109:1 — Attorney General | Charitable Foundation

Chapter 109:1-1 Registration of Charitable Trusts

Ohio Adm.Code 109:1-1-01 Construction and purpose of rules; severability; definitions.

(A) Rules 109:1-1-01 to 109:1-1-10 of the Administrative Code are adopted by the office of the attorney general pursuant to section 109.27 of the Revised Code and Chapter 119. of the Revised Code.

(B) This chapter is necessary to administer sections 109.23 to 109.33 of the Revised Code to:

(1) Ensure that fiduciaries managing charitable trusts are maintaining the charitable purposes of said trusts;

(2) Ensure that fiduciaries of charitable trusts as defined in section 109.23 of the Revised Code comply with their fiduciary obligations;

(3) Facilitate investigations by the office of the attorney general as authorized by section 109.24 of the Revised Code; and

(4) Implement the registration and reporting requirements and purposes of sections 109.26 and 109.31 of the Revised Code.

(C) Each rule and every part of each rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.

(D) Definitions. As used in this chapter:

(1) The term "annual federal return" means a return as defined in subsection 6103(b)(1), Internal Revenue Code, required to be filed with the internal revenue service on an annual basis.

(2) The term "charitable organization" means a charitable trust that is also a nonprofit corporation or association formed under the laws of this state or another state.

(3) The term "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended, and the regulations thereunder.

(4) The term "property" means anything of value, whether real or personal, tangible or intangible, and includes but is not limited to securities, notes, receipts, drafts, checks, bonds, money, and rights in action.

Last updated May 5, 2025 at 10:02 AM

History

Effective: February 2, 2017
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-10

(A) There is hereby established the charitable advisory council. The council shall consist of eleven members to be appointed by the attorney general and shall include members who represent a broad range of charities by size and purpose, including but not limited to representatives for grantmaking charities, charitable hospitals, charitable nursing homes and United Way organizations as well as members who possess general expertise in the management of charitable organizations. The council shall also include members who represent the interests of charitable donors and charitable beneficiaries. The members shall annually vote to elect one of its members to serve as chairperson. All members shall serve at the pleasure of the attorney general, with all terms expiring no later than the term of the appointing attorney general.

(B) The attorney general shall not compensate members of the charitable advisory council and shall not provide reimbursement to members for expenses that are incurred in the conduct of their official duties.

(C) The charitable advisory council shall advise the attorney general in determining training and educational needs of charitable organizations and model policies related to governance and administration of charitable organizations in accordance with fiduciary principles, assist the attorney general in identifying emerging issues and trends affecting charities, and advise the attorney general on other related issues at the request of the attorney general.

Last updated May 5, 2025 at 10:02 AM

History

Effective: November 27, 2006
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-02 Registration and exemptions.

(A) Registration. Unless exempted under section 109.26 of the Revised Code or under paragraph (B) of this rule, all charitable trusts are required to register with the attorney general within six months after the creation of the charitable trust or within six months after occurrence of an event by reason of which such charitable trust is required to register, whichever is first.

(B) Exemptions. The following charitable trusts are exempt from registration with the attorney general:

(1) Any governmental unit. For purposes of this paragraph, "governmental unit" means a political subdivision, agency, department, county, parish, municipal corporation, instrumentality or other unit of the government of the United States, a state, or a foreign country.

(2) Organizations which are organized and operated exclusively for religious purposes. These include churches, conventions and associations of churches, or integrated auxiliaries of a church.

(3) Educational institutions which normally maintain a regular faculty and curriculum and normally have a regular body of pupils or students in attendance at the place where its educational activities are carried on.

(4) Charitable trusts in which all charitable interests are contingent, revocable, or subject to an unlimited power of invasion for purposes other than charitable purposes.

(5) Charitable trusts which are not located in Ohio. For purposes of this paragraph, a charitable trust is located in Ohio and must register if not otherwise exempt if it is incorporated or otherwise organized in Ohio, conducts program services in Ohio or has assets in Ohio. For the purpose of this paragraph, "assets" includes cash, inventory, equipment, real estate, securities, investments, financial accounts and any other property.

(C) Registration. All charitable trusts required to register shall register through the attorney general's website at: https://charitable.ohioago.gov/charity-registration.

(D) All charitable trusts required to register shall provide the following documents to the attorney general:

(1) A copy of the bylaws, will, pertinent part of the trust instrument, deed, indenture or articles of incorporation, and constitution and any subsequent amendments of these instruments that created or funded the charitable trust, and pursuant to which it is administered; and

(2) If the charitable trust does not have tax exempt status, has claimed tax exempt status without being recognized by the IRS as exempt, or has applied for tax exempt status but has not yet received an IRS determination letter, a copy of the attorney general's IRS status form which is available by contacting the charitable law section.

Last updated January 9, 2023 at 8:47 AM

History

Effective: January 7, 2023
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-03 Group or consolidated registration.

(A) A charitable trust, which is required to register with the attorney general under section 109.26 of the Revised Code and is the central organization which has been issued a group exemption letter by the internal revenue service and which files a group return for federal tax purposes, may file a group registration form through the attorney general's on-line registration and filing system, and thereafter a group annual report, for any charitable trust that is included as a subordinate organization within the group exemption letter and also required to register under that section.

(B) Yearly, a charitable trust which files a group registration form shall provide a list of all chapters or charitable trusts that are included as subordinate organizations within the group exemption letter issued by the internal revenue service and that are incorporated or otherwise organized in Ohio, conduct program services in Ohio or have assets in Ohio, and include the employer identification number of each individual chapter or charitable trust in the group. For the purpose of this paragraph, "assets" includes cash, inventory, equipment, real estate, securities, investments, financial accounts and any other property.

(C) A community trust or community foundation, which is required to register with the attorney general under section 109.26 of the Revised Code, and which files a consolidated return for federal tax purposes, may file a consolidated registration form through the attorney general's on-line registration and filing system and thereafter a consolidated annual report, for any charitable trust that is included as a component fund within the consolidated return and also required under that section.

Last updated August 3, 2026 at 2:06 PM

History

Effective: August 2, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-04 Annual report.

(A) Any charitable trust which is required to register with the attorney general pursuant to rule 109:1-1-02 of the Administrative Code, must file an annual report for any taxable year in which such trust has gross receipts of more than twenty-five thousand dollars or gross assets of more than twenty-five thousand dollars.

All charitable trusts required to file an annual report with the attorney general, including trusts that are exempt from filing financial information with the internal revenue service, shall file a form prescribed by the attorney general.

(B) The annual report shall be filed with the attorney general on or before the fifteenth day of the fifth month following the close of the trust's taxable year or at the same time as the federal return is required by the internal revenue service, taking into account any applicable extension of the federal filing date.

Assets	Fee
Less than $25,000	-0-
$25,000 but less than $100,000	$50.00
$100,000 but less than $500,000	$100.00
$500,000 or more	$200.00

All filing fees, including any late fees, must be paid by electronic forms of payment acceptable to the attorney general, payable to the treasurer, state of Ohio.

Last updated September 9, 2025 at 10:34 AM

History

Effective: September 11, 2020
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-05 Place of filing.

The attorney general's on-line registration and filing system shall be utilized, to the extent applicable, for the submission of registration forms, annual reports and filing fees. All required documents related to registration and annual reports that cannot be accepted through the on-line filing system and all correspondence may also be directed to the "Ohio Attorney General, Charitable Law Section, 30 East Broad Street, 25th Floor, Columbus, Ohio 43215."

Last updated June 3, 2025 at 11:09 AM

History

Effective: May 27, 2022
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-06 Determination letters.

(A) Any person or organization desiring a determination by the attorney general regarding the application of the provisions of sections 109.23 to 109.33, of the Revised Code, or the rules promulgated thereunder, relating to the registration or annual financial report requirements of such person or organization, may request a determination. Such request shall be made through the attorney general's on-line registration and filing system, setting forth the operative facts, the precise determination requested and the legal reasons that support the requested determination.

(B) In response to any such request, the attorney general may issue a letter making the determination requested or making any other determination based upon the facts disclosed, or the attorney general may decline to issue a determination letter. No determination letter shall be issued with respect to any issue that is the subject of pending litigation in which the person or organization is a party, or that does not affect the person or organization making the request. A determination letter shall be binding only as between the attorney general and the person or organization that requested the same and may not be relied upon by any other person or organization with respect to any issue, however similar in nature. The attorney general has the authority to revoke any determination made.

Last updated July 8, 2025 at 9:38 AM

History

Effective: September 10, 2015
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-08 Notice of revocation of federal taxation exemption.

Any charitable trust which is required to register with the attorney general and is no longer exempt from federal taxation, must notify the attorney general's charitable law section immediately upon receipt of notice of the revocation. The notification to the attorney general shall include a copy of the revocation letter issued by the internal revenue service, which shall be made a public record.

Last updated May 5, 2025 at 10:02 AM

History

Effective: May 18, 2012
Promulgated Under: 119.03

Ohio Adm.Code 109:1-1-09 Notice of dissolution of a charitable trust.

Any charitable trust required to be registered with the attorney general that dissolves must, at the time of dissolution, file a final annual report as described in rule 109:1-1-04 of the Administrative Code and shall include a schedule of the charitable trust's final distributions.

Last updated July 8, 2025 at 9:38 AM

History

Effective: September 10, 2015
Promulgated Under: 119.03

Chapter 109:1-2 Reduced Charitable Bingo License Fees

Ohio Adm.Code 109:1-2-01 Place of filing.

The attorney general's on-line registration and filing system shall be utilized for the submission of charitable organization annual registration statements, annual financial reports, professional solicitor and fund-raising counsel registration statements, solicitation notice forms and campaign financial reports required pursuant to Chapter 1716. of the Revised Code. All required documents related to registration and reporting that cannot be accepted through the on-line filing system and all correspondence may be directed to the "Ohio Attorney General, Charitable Law Section, 30 East Broad Street, 25th Floor, Columbus, Ohio 43215."

Last updated December 23, 2021 at 5:31 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-2-02 Annual financial report of charitable organization.

(A) Every charitable organization, except those exempted under section 1716.03 of the Revised Code, that intends to solicit contributions in this state or have contributions solicited in this state on its behalf, prior to engaging in any of these activities and annually thereafter, shall file a registration statement with the attorney general.

All charitable organizations required to file an annual financial report with the attorney general pursuant to Chapter 1716. of the Revised Code, including organizations that are exempt from filing financial information with the internal revenue service, shall file a form prescribed by the attorney general.

(B) The annual report shall be filed with the attorney general on or before the fifteenth day of the fifth month after the close of each fiscal year in which the charitable organization solicited in this state or at the same time as the federal return is required by the internal revenue service, taking into account any applicable extension of the federal filing date

Contributions	Fee
Less than $5,000	$0.00
$5,000 but less than $25,000	$50.00
$25,000 but less than $50,000	$100.00
$50,000 or more	$200.00

All filing fees, including any late fees, must be paid by electronic forms of payment acceptable to the attorney general, payable to the treasurer, state of Ohio.

Last updated December 23, 2021 at 5:31 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Chapter 109:1-3 Application for Charitable Bingo License

Ohio Adm.Code 109:1-3-01 Definitions.

As used in Chapters 109:1-3 to 109:1-7 of the Administrative Code:

(A) "Affiliate" means any entity or organization that is affiliated with another entity or organization by direct or indirect common ownership, officers or control, including any parent companies and subsidiaries.

(B) "Central Server" means a manufacturer's computer equipment that houses the operating system, supporting hardware, electronic gaming application software, communications network system, and databases required for electronic instant bingo operations, and stores and manages electronic instant bingo data between electronic gaming locations. The central server must be located in Ohio in a secure location accessible to the attorney general.

(C) "Director" or "Trustee" means a member of the governing body of a licensed organization, licensed distributor, or licensed manufacturer, but only if the member has any voting rights. Members of advisory boards that do not exercise any governance authority are not considered directors or trustees.

(D) "Electronic Instant Bingo Device" means a device approved by the attorney general that electronically displays instant bingo. An electronic instant bingo decide may be a cabinet-style device or a handheld and portable tablet.

(E) "Electronic Instant Bingo Operator" means the primary person(s) with access to electronic bingo game machines and anyone handling cash, or with key access or bank account access for electronic instant bingo.

(F) "Key Employee" means a person that has the ability to control, or exercise significant influence over, the management, assets, or operating policies of a charitable organization or any manufacturer or distributor. Key employee includes, but is not limited to, officers, directors, trustees, electronic instant bingo operators, primary bingo game operators, and principal persons of charitable organizations, manufacturers, and distributors.

(G) "Licensed Distributor" means a person licensed by the attorney general under Chapter 2915. of the Revised Code as a distributor.

(H) "Licensed E-Bingo Organization" means a veteran's organization or fraternal organization licensed to conduct electronic instant bingo.

(I) "Licensed Manufacturer" means a person licensed by the attorney general under Chapter 2915. of the Revised Code as a manufacturer.

(J) "Licensed Organization" means an organization licensed by the attorney general under Chapter 2915. of the Revised Code to conduct type I, type II, and/or type III bingo.

(K) "Officer" means a person elected or appointed to manage the daily operations of a licensed organization, licensed distributor, or licensed manufacturer, such as a president, vice president, secretary, or treasurer. The officers of an organization may be determined by reference to its organizing documents, bylaws, or resolutions of its governing body, but in all cases include those officers required by applicable state law.

(L) "Primary Bingo Game Operator" means the person(s) who has overall supervision and management authority of bingo conducted at each and every location and will be responsible for holding, operating, and conducting these bingo activities in accordance with the license and the provisions of Chapter 2015. of the Revised Code and this chapter. At least one person must assume these responsibilities for each location.

(M) "Principal Person of Charitable Organization" means the person who has overall responsibility of the charitable organization's activities.

Last updated December 23, 2021 at 12:59 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Chapter 109:1-4 Charitable Organization Bingo

Ohio Adm.Code 109:1-4-01 Application for a 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 (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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-17

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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-18

(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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-19

(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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-02 Licensing generally.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-03 License applications.

(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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-04 General grounds for resfusal to issue a license, denial of a license application or renewal, or revocation of a license.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-05 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;

(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;

(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;

(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;

(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;

(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

History

Effective: December 23, 2021
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-06 Charitable instant bingo fundraising agreements.

(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 June 25, 2025 at 6:13 PM

History

Effective: November 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 109:1-4-07 Instant bingo other than at a bingo session; location.

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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-08 Bingo license types; who may obtain bingo license.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-09 Veterans or fraternal organizations; authorized to conduct bingo.

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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-10 Expenses.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-11 Bingo supplies; sale by distributor.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-12 Owner or lessor assistance in the conduct of instant bingo.

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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 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.

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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-14 Transfer to general account; veteran's, fraternal, or sporting organization.

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;

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-15 Net profit from the proceeds of the sale of instant bingo.

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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-16 Instant bingo non-cash prizes.

(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

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-20 Bingo game operator.

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

History

Effective: September 25, 2022
Promulgated Under: 119.03

Ohio Adm.Code 109:1-4-21 Distributing net profit from proceeds of sale of instant bingo.

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 June 25, 2025 at 6:50 PM

History

Effective: November 1, 2023
Promulgated Under: 119.03

Chapter 109:1-5 Reports

Ohio Adm.Code 109:1-5-01 Requirements for any organization that conducts electronic instant bingo.

The attorney general may conduct a background investigation of any organization that conducts electronic instant bingo and request information on each key employee. The organization shall provide all documentation, assurances, consents, waivers, or other information requested by the attorney general on a form or forms prescribed by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-02 Requirements for manufacturers to receive electronic instant bingo endorsement.

The attorney general may conduct, or cause to be conducted, a background investigation of a manufacturer and request information on each key employee and person owning five per cent or more of a direct or indirect financial interest in the manufacturer and its affiliates. A manufacturer shall provide all documentation, assurances, consents, waivers, or other information requested by the attorney general on a form or forms prescribed by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-03 Requirements for distributors to receive electronic instant bingo endorsement.

The attorney general may conduct, or cause to be conducted, a background investigation of a distributor and request information on each key employee and person owning five per cent or more of a direct or indirect financial interest in the distributor and its affiliates. A distributor shall provide all documentation, assurances, consents, waivers, or other information requested by the attorney general on a form or forms prescribed by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-04 Location and number of electronic instant bingo participant devices.

(A) The number of electronic instant bingo devices at a time shall not exceed ten at the single licensed location per organization.

(B) The organization shall limit the sale of electronic instant bingo to its own premises and to its own members and invited guests.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-05 Times when electronic instant bingo may be offered.

(A) No organization may conduct electronic instant bingo on any day of the week or during any time period not specified on its license.

(B) No organization may sell electronic instant bingo tickets before ten a.m. or after two a.m. and the sale of electronic instant bingo tickets must be limited to no more than twelve hours during any day.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-06 Signage requirements.

The following must be prominently posted, adequately lighted, legible, and visible at every location at which electronic instant bingo is conducted:

(A) Organization name and license;

(B) Ohio problem gambling helpline number;

(D) Statement that a player may play only one electronic instant bingo device at a time;

(E) Statement that a player must be eighteen or older to play electronic instant bingo;

(F) Any materials or information directed to be posted by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-07 Device and system specifications.

(A) All electronic instant bingo systems and associated game software must be approved by the attorney general for use in Ohio and comply with all technical and testing standards adopted by the attorney general as appendix A to this rule and as made available on the attorney general website.

(B) An electronic instant bingo concept not contemplated under the technical and testing standards adopted by the attorney general in this rule will be reviewed on a case-by-case basis by the attorney general.

View Appendix

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-08 Fees for electronic instant bingo endorsement for manufacturers.

(A) Any person desiring to obtain an electronic instant bingo endorsement as described in division (E) of section 2915.082 of the Revised Code shall pay to the attorney general an annual fee of ten thousand dollars. This fee shall not be refundable.

(B) If the cost of conducting the background investigation or processing the manufacturer's application for an electronic instant bingo endorsement exceeds ten thousand dollars, the attorney general may charge the applicant an additional fee as necessary to cover the cost. No electronic instant bingo endorsement shall be issued unless the attorney general has received payment for all fees.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-09 Fees for electronic instant bingo endorsement for distributors.

Any person desiring to obtain an electronic instant bingo endorsement as described in division (F) of section 2915.081 of the Revised Code shall pay to the attorney general an annual fee of ten thousand dollars for an electronic instant bingo endorsement to that license. This fee shall not be refundable.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-10 Fees for monitoring and inspecting electronic instant bingo system for distributors.

In addition to the endorsement fee, a distributor shall pay an annual fee to the attorney general for the cost of monitoring electronic instant bingo and inspecting each electronic bingo system. During the first year the distributor holds an electronic instant bingo endorsement, the fee shall be ten thousand dollars. For each renewal application for an electronic instant bingo endorsement the fee for monitoring and inspecting shall be ten thousand dollars plus a pro rata fee based on the gross revenue from the previous year.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-11 Bonds.

The bond required by division (B)(2) of section 2915.081 of the Revised Code must be filed with the attorney general upon applying for or renewing a license or endorsement.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-12 Electronic instant bingo seal.

The seal of the attorney general required by division (A)(4) of section 2915.15 of the Revised Code may be an electronic seal, and shall be in a form and displayed in a manner as prescribed by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-13 Central server reports.

(A) Electronic instant bingo system manufacturers must ensure that the required central server reports as outlined in the technical standards of [appendix A to this rule] are readily and easily accessible for viewing and printing by the office of the attorney general. The game information terminology (e.g. gross proceeds, prizes, adjusted gross proceeds) used on the required system generated reports for electronic instant bingo games must be identical to the terminology used in Chapter 2915. of the Revised Code and any rules promulgated thereunder.

(B) A manufacturer, at the request of an organization, distributor, or for any other reason, may not modify data stored within the electronic instant bingo system that affects the accounting and reporting of electronic bingo device activity. A manufacturer must immediately notify the office of attorney general if the manufacturer identifies a problem with an operating electronic bingo system that relates to the collection, storing, or reporting of electronic bingo game play activity at a site.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-14 Quarterly report requirements for veteran and fraternal organizations conducting electronic instant bingo.

In addition to the other records required to be kept by Chapter 2915. of the Revised Code and any rules promulgated thereunder, all licensed e-bingo organizations shall file a quarterly report with the attorney general upon a form prescribed by the attorney general. The report will require electronic instant bingo records to be kept and reported separately.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-15 Quarterly report requirements for manufacturers with electronic instant bingo endorsements.

All manufactures with electronic instant bingo endorsements shall file a report with the attorney general within ten days of the close of each quarter upon a form prescribed by the attorney general. The report will require electronic instant bingo records to be kept and reported separately from any other reports required to be filed with the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-16 Application for electronic bingo endorsement for manufacturers and distributors.

(A) The endorsement application must contain the following information:

(1) Applicant's legal name, any other names used, the legal nature of the business (sole proprietorship, partnership, limited liability company, or corporation), Ohio tax identification number, and federal employer identification number;

(2) Business address, telephone number, and mailing address, if different than the business address;

(3) Names and titles of the key employees of the applicant and persons owning five percent or more of a direct or indirect financial interest in the applicant and its affiliates, persons who supervise sales employees in Ohio, any person who installs, maintains, updates, or repairs an electronic instant bingo system in Ohio, and persons or entities with a direct or indirect financial interest of five percent or more in the applicant;

(4) Identification of any person who or entity that develops or provides electronic instant bingo systems and associated game software to the applicant;

(5) Copies of licensing agreements with other entities for all software, except for operating system software, and hardware developed specifically for the purpose of conducting electronic instant bingo. Operating system software agreements must be maintained by the applicant, be current, and be available to the attorney general upon request. In addition, the electronic instant bingo manufacturer must, upon request, provide documentation establishing that it has the intellectual property rights to the entire game application software and system;

(6) Address and telephone number of each facility where gambling equipment is manufactured;

(7) A list of all other states or jurisdictions where the applicant is currently licensed;

(8) Date and signature of the chief executive officer, president, or functional equivalent; and

(9) Additional information that may be required by the attorney general to properly identify the applicant and ensure compliance with sections 2915.081 and 2915.082 of the Revised Code.

(B) The applicant must attach the following items to the application:

A personnel form, in a format prescribed by the attorney general, completed by each key employee of the applicant; persons who supervise sales employees in Ohio; persons who make sales trips to Ohio or contacts distributors or organizations in Ohio for sales of electronic instant bingo devices or systems; any person who installs, maintains, updates, or repairs an electronic instant bingo device or system in Ohio; and any person or entity with a direct or indirect financial interest of five percent or more in the applicant and its affiliates.

(1) The personnel form must include:

(a) applicant's name and license number, if issued;

(b) name and address, date of birth, social security number, and daytime telephone number of the person;

(d) businesses the person has held any ownership interest in during the past ten years (except for publicly traded companies unless the ownership interest is ten per cent or more);

(e) employment history for the last ten years;

(f) date and signature of the person;

(g) additional information that may be required by the attorney general to properly identify the person and ensure compliance with sections 2915.081 and 2915.082 of the Revised Code.

(C) The applicant shall make available for inspection by the Attorney General, an organizational chart illustrating the applicant's management structure, including all subsidiaries and affiliated entities..

(D) Applicants with at least one million dollars in revenue shall make available for inspection by the attorney general, three years of audited financials. Applicants with revenue less than one million dollars shall make available for inspection by the attorney general, three years of tax returns for the most recent filing years.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-17 Requirements for electronic instant bingo deals.

(A) Each deal must be made up of a fixed number of electronic instant bingo tickets not to exceed a maximum of twenty-five thousand tickets.

(B) Electronic instant bingo tickets shall not be commingled.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-18 Electronic instant bingo operator.

Each licensed e-bingo organization shall designate at least one member of the organization to serve as an electronic instant bingo operator. Electronic instant bingo operators may be subject to an additional background check by the attorney general.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-19 Application designee.

Each licensed e-bingo organization shall designate a member in good standing of the organization to complete and submit its application to obtain a bingo license. The application to conduct bingo shall not be completed or submitted by anyone outside the organization including but not limited to the contracted charity, distributor, manufacturer, or any other third party.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-20 Separate accounts.

(A) Licensed e-bingo organization shall keep all proceeds from the sale of electronic instant bingo in a checking account devoted exclusively to the organization's electronic instant bingo activities. The checking account shall be with a financial institution with a physical presence and licensed to do business in Ohio.

(B) The licensed e-bingo organization shall make all required charitable distributions directly from the checking account devoted exclusively to electronic instant bingo into an account at an Ohio bank which shall be in the name of the charitable organization with which the organization conducting electronic instant bingo has contracted. The contracted charity's bank account shall be with a financial institution with a physical presence and licensed to do business in Ohio.

(C) The licensed e-bingo organization shall have sole and exclusive control of all withdrawals from the checking account referenced in paragraph (A) of this rule. No distributor, manufacturer, contracted charity, or any other third party shall be given the authority to initiate withdrawals of any deposited funds from the account.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-5-21 Internal control standards.

(A) Each licensed e-bingo organization shall establish, maintain and update an internal control system, the purposes and the procedures of which shall be designed to reasonably insure that:

(1) Critical assets associated with the operation of the electronic instant bingo system are safeguarded;

(a) An organization shall maintain custody of all keys to an electronic instant bingo device. The keys for the lock for a device's outer door must be keyed differently than the inner compartment that houses the computer logic and currency validator stacker area.

(b) An electronic instant bingo device may not be reserved. A device may be held for an active player for no more than fifteen minutes.

(c) An organization or employee may not modify the assembly or operational functions of an electronic instant bingo device.

(2) Financial records are accurate and reliable;

(3) Transactions are performed only in accordance with the specific or general authorization of the electronic instant bingo operator(s);

(a) An organization that conducts electronic instant bingo shall maintain a separate cash register for all monies associated with electronic instant bingo. All monies shall be locked and secured in a safe devoted exclusively to electronic instant bingo.

(b) Access to the cash register, safe and electronic instant bingo operations shall be limited to the electronic instant bingo operator(s) listed on the organization's license application or amendment submitted to the attorney general.

(c) After the close of business on the last day of every month, an organization is required to separate its starting cash bank amount from the total cash contained in the cash register and to deposit the excess cash into its designated electronic instant bingo account within four days.

(d) If at any time during the month the proceeds of electronic instant bingo exceeds two thousand dollars over the starting cash bank, the excess must be deposited into the designated bank account within four days.

(4) Electronic instant bingo transactions are recorded adequately to permit proper reporting of gross and net revenue, to determine charitable distributions, prize payments, allowable expenses and to maintain accountability for assets;

(5) Access to electronic instant bingo system assets is permitted only by authorized personnel;

An organization shall maintain an access log prescribed by the attorney general for each electronic instant bingo device. A person who accesses a device shall record the reason for access and date and initial the log. An organization shall retain the log in the device.

(6) Recorded accountability for electronic instant bingo assets must be compared with actual assets at reasonable intervals and appropriate action taken with respect to any discrepancies;

(7) A ticket voucher is only valid and must be presented for redemption within twenty-four hours of the end of the bingo session in which it was won, as listed on the licensed organization's license;

(8) The organization immediately shall shut down an electronic instant bingo system and notify the attorney general if it detects or discovers any defect, malfunction, or problem with an electronic instant bingo operating system, electronic instant bingo device, or electronic instant bingo game that affects the security or the integrity of the game. The organization shall also immediately notify the distributor or manufacturer of the defect, malfunction, or problem.

(9) An organization may not

(a) Knowingly redeem a ticket voucher that has been defaced, tampered with, or counterfeited. If a player attempts to redeem a voucher that has been defaced, tampered with, or counterfeited, the organization, if possible, shall retain and void the credit ticket voucher;

(b) Knowingly redeem a ticket voucher that was issued at another site or a voucher that was issued prior to the bingo session at which it is presented for redemption. If a player attempts to redeem a voucher that was issued prior to the bingo session in which it was presented for redemption, the organization, if possible, shall retain and void the credit ticket voucher;

(10) Electronic instant bingo is conducted with integrity; and

(11) Chapter 2915. of the Revised Code and rules of the attorney general are followed.

(B) The internal control procedures must be in writing and available to the attorney general upon request. The attorney general may, in writing, approve, deny, or require a revision to any provision or proposed amendment to the internal control systems. If the licensed e-bingo organization is notified of a required revision, the licensed e-bingo organization must work with the attorney general to address the revision;

(C) If the attorney general requests additional information, clarification, or revision of any proposed amendment to an internal control and the licensed e-bingo organization fails to satisfy the request within thirty days after the attorney general's request, the attorney general shall consider the amendment denied and it cannot be implemented. If the licensed e-bingo organization subsequently wants to pursue the amendment, it must resubmit the request along with the additional information previously requested by the attorney general.

(D) In the event of an emergency, the licensed e-bingo organization may temporarily amend an internal control procedure. The attorney general must be notified that an emergency exists before temporarily amending an internal control procedure.

(E) A licensed e-bingo organization must submit the temporary emergency amendment of the internal control system to the attorney general within twenty-four hours of the amendment.

(F) The submission must include the detailed emergency procedures that will be implemented and the time period the emergency procedures will be temporarily in place. Any concerns the attorney general has with the submission must be addressed with the licensed e-bingo organization.

(G) If the attorney general determines that the administrative or accounting procedures or internal control systems of the licensed e-bingo organization do not comply with the requirements of these rules or requires improvement, the attorney general shall notify the licensed e-bingo organization in writing. Within fifteen days after receiving the notification, the licensed e-bingo organization must amend its procedures accordingly and must submit, for attorney general approval, a copy of the internal control system, as amended, and a description of any other remedial measure taken.

Last updated December 23, 2021 at 5:40 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Chapter 109:1-6 Enforcement Actions

Ohio Adm.Code 109:1-6-01 Procedures allowing the attorney general to seek a summary suspension of a license.

(A) The attorney general may issue a summary suspension of any license issued under Chapter 2915. of the Revised Code without a prior hearing if the attorney general has good cause to believe that the person, licensed organization, licensed distributor, or licensed manufacturer, or any of the employees, officers, directors, agents, representatives, or partners, has violated Chapter 2915. of the Revised Code or a rule adopted under thereunder.

(B) In such cases, notice of the attorney general's order may be sent to the licensed organization, licensed manufacturer, or licensed distributor by registered mail, return receipt requested, not later than the business day next succeeding such order. The notice shall state the reasons for the attorney general's action, cite the law or rule directly involved, and state that the licensed organization, licensed manufacturer, or licensed distributor will be afforded a hearing if the licensed organization, licensed manufacturer, or licensed distributor requests it within thirty days of the time of mailing the notice. A copy of the notice shall be mailed to attorneys or other representatives of record representing the licensed organization.

(C) Whenever a licensed organization, licensed manufacturer, or licensed distributor requests a hearing in accordance with this section and section 119.06 of the Revised Code, the attorney general shall immediately set the date, time, and place for the hearing and notify the licensed organization, licensed manufacturer, or licensed distributor. The date set for the hearing shall be within fifteen days, but not earlier than seven days, after the party has requested a hearing, unless otherwise agreed to by both the attorney general and the licensed organization, licensed manufacturer, or licensed distributor.

(D) Notice under this rule will be provided as outlined in section 119.07 of the Revised Code.

(E) The attorney general shall send notice of such summary suspension in writing to the prosecuting attorney and sheriff of the county in which the licensee is located or where the violation occurred and to any other law enforcement agency that so requests.

Last updated December 23, 2021 at 6:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-6-02 Types of sanctions.

(A) The attorney general shall have the authority to impose any sanction set forth in Chapter 2915. of the Revised Code and any rules adopted thereunder, including any of the following:

(1) Denial, non-renewal, revocation, suspension, conditioning, or restriction of a license or endorsement;

(2) Revocation, suspension, or restriction of the conduct or participation in the conduct of bingo in this state;

(3) A monetary fine;

(4) The forfeiture of an electronic instant bingo device;

(5) Limits on the number of electronic instant bingo devices permitted;

(6) Limits on the people conducting bingo, instant bingo, and electronic instant bingo;

(7) Restrictions on future licenses or endorsements issued under section 2915 of the Revised Code;

(8) Any other sanction imposed upon or agreed to by a manufacturer, distributor, licensee, charitable organization, or other person.

(B) The attorney general shall not be precluded from finding multiple violations within a day, if each violation is the result of separate and distinct acts.

Last updated December 23, 2021 at 6:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-6-03 Civil fines for charitable organizations, manufacturers, and distributors.

(A) After notice and opportunity for hearing pursuant to Chapter 119. of the Revised Code, a fine may be assessed on a licensed organization, licensed distributor, or licensed manufacturer and shall be paid by the licensed organization, licensed distributor, or licensed manufacturer within thirty days of receipt of notice of the fine from the attorney general.

(B) Without in any manner limiting the authority of the attorney general to impose the type and level of sanction it may consider appropriate, the attorney general may take into consideration:

(1) The risk to the public and to the integrity of charitable bingo in this state by the conduct of the licensed organization, licensed distributor, or licensed manufacturer;

(2) Any criteria or factor listed in Chapter 2915. of the Revised Code and any rules adopted thereunder;

(3) Whether the licensed organization, licensed distributor, or licensed manufacturer engaged in any misrepresentation or material omission;

(4) Whether the licensed organization, licensed distributor, or licensed manufacturer engaged in any fraudulent act;

(5) Whether the licensed organization, licensed distributor, or licensed manufacturer failed to cooperate with the attorney general;

(6) Whether the licensed organization, licensed distributor, or licensed manufacturer failed to comply with all terms and conditions of a settlement agreement or agreed order with the attorney general, and any subsequent amendments or modifications thereto;

(7) Whether the licensed organization, licensed distributor, or licensed manufacturer or any person involved with the licensed organization, licensed distributor, or licensed manufacturer has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States; or

(8) Any other factors the attorney general may consider relevant.

(C) The attorney general may consider the licensed organization's, licensed distributor's, or licensed manufacturer's finances in determining the amount of the fine. If the alleged violation is the result of or results in the unlawful obtainment or retention of any money or property, the attorney general may, in addition to any other penalty or fine levied under Chapter 2915. of the Revised Code or any rules adopted thereunder, impose a fine in an amount equal to the money or value of the property that was unlawfully obtained or retained.

Last updated December 23, 2021 at 6:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Chapter 109:1-7 Electronic Instant Bingo Systems

Ohio Adm.Code 109:1-7-01 Restrictions on manufacturers and distributors.

(A) Other than a charitable donation to a licensed organization, a manufacturer or distributor may not give a gift, trip, prize, or other gratuity valued singly or in the aggregate of one hundred dollars or more per calendar year to a licensed organization.

(B) A manufacturer or distributor, its agents and employees, members of a manufacturer's or distributor's immediate family, persons residing in a manufacturer's or distributor's household may not make any loan or provide any gift directly or indirectly to any key employee of a licensed organization in Ohio.

(C) A manufacturer, manufacturer's agent or employee may not directly or indirectly provide a rebate, discount or refund to any person other than a licensed e-bingo organization or licensed distributor that purchases or leases electronic instant bingo devices from the manufacturer and any such transaction must be recorded on an invoice and retained by the manufacturer in its records.

Last updated December 23, 2021 at 5:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-7-02 Approval of electronic instant bingo systems.

(A) The attorney general shall establish a procedure for the approval of electronic instant bingo systems and associated game software and themes authorized for use by a licensed organization. Requests for approval of electronic instant bingo systems and associated game software and themes may be submitted to the attorney general by manufacturer applicants or licensees according to procedures established by the attorney general.

(B) The attorney general shall adopt technical standards governing the requirements for all electronic instant bingo systems and associated game software and themes used in conjunction with the conduct or monitoring of electronic instant bingo.

(C) Licensed organizations, licensed manufacturers and licensed distributors shall not install, maintain, use, or operate any electronic instant bingo devices, systems and associated game software and themes unless such equipment or software has been tested against and determined to meet the technical standards referenced in this rule and has been approved by the attorney general for use in an authorized bingo location.

(D) To be eligible for consideration by the attorney general for approval, a manufacturer of any electronic instant bingo systems and associated game software and themes must submit the device, software, hardware or other technology for scientific testing and technical evaluation by an independent testing laboratory certified by the attorney general to determine compliance with Chapter 2915. of the Revised Code and this chapter, including the technical standards adopted by the attorney general.

(E) A manufacturer seeking attorney general approval of any electronic instant bingo systems and associated game software and themes must comply with the following:

(1) Submit a written request to a certified independent testing laboratory that, at a minimum, specifically references the scientific testing and technical evaluation necessary under Chapter 2915. of the Revised Code, this chapter, and the attorney general's technical standards, and which identifies the particular device, software, hardware, or other technology at issue;

(2) Submit all necessary items and information to the certified independent testing laboratory;

(3) Pay all costs associated with the scientific testing and technical evaluation performed by the certified independent testing laboratory;

(4) Engage no more than one certified independent testing laboratory to perform scientific testing and technical evaluation of any electronic instant bingo systems and associated game software and themes or other technology to be used in an electronic instant bingo operation in this state without prior written authorization from the attorney general; and

(5) Submit any items or information pertaining to the electronic instant bingo systems and associated game software and themes or other technology to the attorney general, if requested.

(6) No electronic instant bingo systems and associated game software and themes, or other technology will be approved unless the certified independent testing laboratory concludes that the item at issue complies with Chapter 2915. of the Revised Code, this chapter, and the attorney general's technical standards.

Last updated December 23, 2021 at 5:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-7-03 Transportation of regulated equipment and software.

(A) Licensed e-bingo organizations shall notify the attorney general in writing before installing, moving, removing, or disposing of electronic instant bingo systems and associated game software and themes, or other technology that has been approved by the attorney general.

(B) Any modification to electronic instant bingo systems and associated game software and themes, or other technology may be authorized by the attorney general on an emergency basis to prevent cheating or malfunction. The emergency request shall be documented by the licensed e-bingo organization.

(C) Each licensed e-bingo organization shall notify the attorney general of any known or suspected defect or malfunction in any electronic instant bingo systems and associated game software and themes, or other technology installed in Ohio at the time of detection. The licensed e-bingo organization shall comply with any instructions from the attorney general for the use of the electronic instant bingo systems and associated game software and themes, or other technology.

(D) Licensed e-bingo organizations must confirm before receipt of a shipment of an electronic instant bingo device and any associated game software and themes that the manufacturer and distributor providing the electronic instant bingo device and associated game software and themes are each licensed and have been granted an electronic instant bingo endorsement by the attorney general.

(E) In addition to the requirements listed in paragraphs (A) to (D) of this rule, manufacturers and distributors must also adhere the following requirements:

(1) Ensure the safe and secure transport of all electronic instant bingo systems and associated game software and themes, or other technology destined for Ohio.

(2) Ensure all electronic bingo devices and related hardware bear an identifying (ID) plate listing the serial number and model number and electronic instant bingo manufacturer name or other unique identifier approved in writing by the attorney general.

(3) Ensure all electronic instant bingo systems and associated game software, are shipped directly to a licensed bingo location or another location in the state of Ohio expressly authorized by the attorney general. If the manufacturer or distributor has a warehouse in Ohio, it must be approved by the attorney general before any electronic instant bingo systems and associated game software may be shipped to the warehouse for any preparation/configuration work required prior to installation at the authorized location.

(4) Ensure the electronic instant bingo systems and associated game software is placed in such a manner as to offer easy access to the attorney general staff to verify the serial number and model number on the ID plate, or other unique identifier approved in writing by the attorney general.

(F) Any licensee that removes electronic instant bingo systems and associated game software from an authorized location to be transported outside of Ohio, or to another authorized location within Ohio is responsible for ensuring the secure transportation of the electronic instant bingo systems and associated game software, and the compliance with all relevant requirements in this procedure.

(G) Proof of UL or equivalent certification is required for all electronic instant bingo devices.

Last updated December 23, 2021 at 5:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Ohio Adm.Code 109:1-7-04 Receipt of devices, system and software in the state.

(A) Any licensed e-bingo organization that receives an electronic instant bingo device and associated game software to be used in an approved location must collect and maintain the following information on forms provided or approved by the attorney general:

(1) The full name, address, and license number of the person receiving the electronic instant bingo device(s) and associated game software;

(2) The full name, address, Ohio license number of the distributor of the electronic instant bingo device and associated game software;

(3) The date of receipt of the electronic instant bingo device and associated game software;

(4) The serial number of each electronic instant bingo device;

(5) The model number and description of each electronic instant bingo device;

(6) The manufacturer of the electronic instant bingo device, system, and associated game software;

(7) The location where the electronic instant bingo system and associated game software will be placed and the license number of the licensed organization;

(8) The expected date and time of installation of the electronic instant bingo device(s) and associated game software at the new location; and

(9) Such other information as required by the attorney general.

(B) If such electronic instant bingo device(s) and associated game software will not be placed in operation immediately upon receipt within the State, the electronic instant bingo system and associated game software may be housed in a secure area at an offsite warehouse location under the control of the licensed manufacturer or licensed distributor. The person with custody of the electronic instant bingo devices, system and associated game software must notify the attorney general of the address where the electronic instant bingo devices, system and associated game software is warehoused. The warehouse location must be approved in advance by the attorney general. At the time such electronic instant bingo devices, systems and associated game software are removed from the approved warehouse location and transported to another location within the state, the licensed e-bingo organization, manufacturer or distributor must comply with the requirements of this chapter. The attorney general will create criteria and procedure for the location of an off-site warehouse.

Last updated December 23, 2021 at 5:32 AM

History

Effective: December 23, 2021
Promulgated Under: 119.03

Chapter 109:1-8 Scholarship Granting Organizations

Ohio Adm.Code 109:1-8-01 Scholarship granting organizations.

(A) "Low income" means the student's household income is under thee hundred per cent of the poverty threshold published by the United States census bureau, or the student, or their guardians, receive public assistance as defined by section 5101.26 of the Revised Code as of the effective date of this rule.

(B) "Primarily"means more than fifty per cent of its program service expenses, as defined by the internal revenue service and as reported on the organization's most recent internal revenue service form 990 and most recent annual report filed with the attorney general, are spent on awarding academic scholarships to primary and secondary school students.

(D) All scholarship granting organizations applying for certification so that contributions to the entity qualify for the tax credit authorized under section 5747.43 of the Revised Code, shall apply on a form to be furnished by the attorney general for that purpose.

(E) Along with an application form, all scholarship granting organizations seeking to be certified by the attorney general shall provide the following documents to the attorney general:

(1) A copy of the organization's bylaws;

(2) A copy of the organization's formation documents;

(3) Documentation showing that it gives priority to low-income students when processing awards for scholarships;

(4) Documentation showing that it primarily gives academic scholarships to primary and secondary school students when processing awards for academic scholarships; and

(5) A notarized statement indicating how the scholarship granting organization meets the requirements to be certified by the attorney general under this rule.

(F) The attorney general shall annually certify an entity as a scholarship granting organization within thirty days after reviewing and determining that the scholarship granting organization has submitted a complete and accurate application, all required documentation, that the notarized statement from the scholarship granting organization is fair and truthful, and that the entity is registered with the attorney general as a charitable trust or charitable organization and is in compliance with all registration and reporting requirements or has been granted an exemption from registration.

(G) Applications for certification will be considered at any time. To be eligible for certification by January first of each year, applications shall be completed on or before the preceding November thirtieth.

Last updated December 23, 2021 at 6:32 AM

History

Effective: December 23, 2021
Promulgated Under: Other

Ohio Administrative Code 109:1 — Attorney General | Charitable Foundation

Chapter 109:1-1 Registration of Charitable Trusts

Ohio Adm.Code 109:1-1-01 Construction and purpose of rules; severability; definitions.

Ohio Adm.Code 109:1-1-10

Ohio Adm.Code 109:1-1-02 Registration and exemptions.

Ohio Adm.Code 109:1-1-03 Group or consolidated registration.

Ohio Adm.Code 109:1-1-04 Annual report.

Ohio Adm.Code 109:1-1-05 Place of filing.

Ohio Adm.Code 109:1-1-06 Determination letters.

Ohio Adm.Code 109:1-1-08 Notice of revocation of federal taxation exemption.

Ohio Adm.Code 109:1-1-09 Notice of dissolution of a charitable trust.

Chapter 109:1-2 Reduced Charitable Bingo License Fees

Ohio Adm.Code 109:1-2-01 Place of filing.

Ohio Adm.Code 109:1-2-02 Annual financial report of charitable organization.

Chapter 109:1-3 Application for Charitable Bingo License

Ohio Adm.Code 109:1-3-01 Definitions.

Chapter 109:1-4 Charitable Organization Bingo

Ohio Adm.Code 109:1-4-01 Application for a charitable bingo license.

Ohio Adm.Code 109:1-4-17

Ohio Adm.Code 109:1-4-18

Ohio Adm.Code 109:1-4-19

Ohio Adm.Code 109:1-4-02 Licensing generally.

Ohio Adm.Code 109:1-4-03 License applications.

Ohio Adm.Code 109:1-4-04 General grounds for resfusal to issue a license, denial of a license application or renewal, or revocation of a license.

Ohio Adm.Code 109:1-4-05 Requirements for charitable bingo license application for charitable organizations previously licensed to play bingo games.

Ohio Adm.Code 109:1-4-06 Charitable instant bingo fundraising agreements.

Ohio Adm.Code 109:1-4-07 Instant bingo other than at a bingo session; location.

Ohio Adm.Code 109:1-4-08 Bingo license types; who may obtain bingo license.

Ohio Adm.Code 109:1-4-09 Veterans or fraternal organizations; authorized to conduct bingo.

Ohio Adm.Code 109:1-4-10 Expenses.

Ohio Adm.Code 109:1-4-11 Bingo supplies; sale by distributor.

Ohio Adm.Code 109:1-4-12 Owner or lessor assistance in the conduct of instant bingo.

Ohio Adm.Code 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.

Ohio Adm.Code 109:1-4-14 Transfer to general account; veteran's, fraternal, or sporting organization.

Ohio Adm.Code 109:1-4-15 Net profit from the proceeds of the sale of instant bingo.

Ohio Adm.Code 109:1-4-16 Instant bingo non-cash prizes.

Ohio Adm.Code 109:1-4-20 Bingo game operator.

Ohio Adm.Code 109:1-4-21 Distributing net profit from proceeds of sale of instant bingo.

Chapter 109:1-5 Reports

Ohio Adm.Code 109:1-5-01 Requirements for any organization that conducts electronic instant bingo.

Ohio Adm.Code 109:1-5-02 Requirements for manufacturers to receive electronic instant bingo endorsement.

Ohio Adm.Code 109:1-5-03 Requirements for distributors to receive electronic instant bingo endorsement.

Ohio Adm.Code 109:1-5-04 Location and number of electronic instant bingo participant devices.

Ohio Adm.Code 109:1-5-05 Times when electronic instant bingo may be offered.

Ohio Adm.Code 109:1-5-06 Signage requirements.

Ohio Adm.Code 109:1-5-07 Device and system specifications.

Ohio Adm.Code 109:1-5-08 Fees for electronic instant bingo endorsement for manufacturers.

Ohio Adm.Code 109:1-5-09 Fees for electronic instant bingo endorsement for distributors.

Ohio Adm.Code 109:1-5-10 Fees for monitoring and inspecting electronic instant bingo system for distributors.

Ohio Adm.Code 109:1-5-11 Bonds.

Ohio Adm.Code 109:1-5-12 Electronic instant bingo seal.

Ohio Adm.Code 109:1-5-13 Central server reports.

Ohio Adm.Code 109:1-5-14 Quarterly report requirements for veteran and fraternal organizations conducting electronic instant bingo.

Ohio Adm.Code 109:1-5-15 Quarterly report requirements for manufacturers with electronic instant bingo endorsements.

Ohio Adm.Code 109:1-5-16 Application for electronic bingo endorsement for manufacturers and distributors.

Ohio Adm.Code 109:1-5-17 Requirements for electronic instant bingo deals.

Ohio Adm.Code 109:1-5-18 Electronic instant bingo operator.

Ohio Adm.Code 109:1-5-19 Application designee.

Ohio Adm.Code 109:1-5-20 Separate accounts.

Ohio Adm.Code 109:1-5-21 Internal control standards.

Chapter 109:1-6 Enforcement Actions

Ohio Adm.Code 109:1-6-01 Procedures allowing the attorney general to seek a summary suspension of a license.

Ohio Adm.Code 109:1-6-02 Types of sanctions.

Ohio Adm.Code 109:1-6-03 Civil fines for charitable organizations, manufacturers, and distributors.

Chapter 109:1-7 Electronic Instant Bingo Systems

Ohio Adm.Code 109:1-7-01 Restrictions on manufacturers and distributors.

Ohio Adm.Code 109:1-7-02 Approval of electronic instant bingo systems.

Ohio Adm.Code 109:1-7-03 Transportation of regulated equipment and software.

Ohio Adm.Code 109:1-7-04 Receipt of devices, system and software in the state.

Chapter 109:1-8 Scholarship Granting Organizations

Ohio Adm.Code 109:1-8-01 Scholarship granting organizations.

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