Ohio Administrative Code 3770:2 — State Lottery Commission | Video Lottery Gaming Terminals

Chapter 3770:2-1 Authority; By-laws

Ohio Adm.Code 3770:2-1-01 Authority and Purpose.

(A) The rules set forth in division 3770:2 of the Administrative Code are promulgated under the authority of Chapter 3770. of the Revised Code.

(B) The purpose of division 3770:2 of the Administrative Code is to set forth rules concerning video lottery.

(C) Division 3770:2 of the Administrative Code pertains to video lottery and video lottery sales agents, and all matters related thereto, and unless specifically incorporated by reference in a rule under division 3770:2 of the Administrative Code, rules under Chapters 3770-1 to 3770-6 of the Administrative Code, including division 3770:1 of the Administrative Code, shall not apply.

(D) The lottery shall have exclusive jurisdiction over all matters within the scope of its authority, and nothing contained in division 3770:2 of the Administrative Code shall be deemed to limit the authority or the ability of the lottery to act hereunder.

Last updated September 9, 2025 at 11:16 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-1-02 Incorporation of by-laws.

(A) The provisions contained in Chapter 3770:1-5 of the Administrative Code are incorporated and shall apply to the provisions of division 3770:2 of the Administrative Code, unless otherwise specifically excluded in division 3770:2 of the Administrative Code.

Last updated September 9, 2025 at 11:16 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Chapter 3770:2-2 Definitions

Ohio Adm.Code 3770:2-2-01 Definition of certain terms used in division 3770:2 of the Administrative Code.

(A) "Administrative Procedure Act" means Chapter 119. of the Revised Code, and all amendments thereto.

(B) "Associated equipment" means hardware and software that is utilized in connection with the video lottery, but does not include telecommunication facilities and equipment of a public utility.

(C) "Capital Investment" means costs related to demolition, engineering, architecture, design, site preparation, construction, infrastructure improvements, land acquisitions, furniture, fixtures, equipment, insurance related to construction, capitalized interest and other financing costs, leasehold improvements, video lottery terminal acquisition and related technology, surveillance and security equipment, and such other costs as approved by the director which are usual and customary for the industry.

(D) "Commission" and "Ohio lottery commission" and "lottery" mean the state lottery commission created by the Lottery Act.

(E) "Commissioners" means a member of the commission.

(F) "Credit" means the value remaining to a video lottery participant usually denoted in units of play that may be used to continue to play video lottery games or may be redeemed for cash, or its monetary equivalent, or other prizes. Credit balances are increased by cash inserted, credit vouchers inserted, and/or video lottery prize winnings and may be increased by video lottery terminal promotional gaming credits.

(G) "Credit voucher" means a bearer instrument issued from a video lottery terminal for redemption of credit in accordance with the Lottery Act and the commission's rules and regulations.

(H) "Director" means the executive director of the state lottery appointed in accordance with the Lottery Act.

(I) "Electronic display" means the presentation of elements of video lottery games including but not limited to prize determination which are visible on a video lottery terminal and which may include but are not limited to mechanical spinning reels and/or video displays.

(J) "Game" means a lottery game offered by the state lottery for sale to the public.

(K) "Gaming employee" means any employee employed in the operation of a facility whose duties primarily involve the maintenance or operation of gaming activity or equipment or who comes in contact with gaming related cash, tokens, credit vouchers, vouchers, or other financial instruments or who performs security and surveillance activities, but who are not key gaming employees.

(L) "Institutional investor" means any of the following entities: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, any association engaged, as a substantial part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity fund, or any trust in respect of which a bank is trustee or cotrustee, investment company registered under the "Investment Company Act of 1940," 15 U.S.C. 80a-1, collective investment trust organized by banks under "Part Nine of the Rules of the Comptroller of the Currency," closed-end investment trust, chartered or licensed life insurance company or property and casualty insurance company, investment advisor registered under the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1, and such other persons as the commission may reasonably determine to qualify as an institutional investor for reasons consistent with this chapter.

(M) "Key gaming employee" includes managers, supervisors or other employees who have authority to develop or administer policy, long-range plans, or to make discretionary decisions regulating gaming operations and managers, supervisors or other employees responsible for major areas of the property, even if no gaming is conducted in the area.

(N) "Licensing fee" means the fee to be paid by an applicant that is approved for a video lottery license which will be in an amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code.

(O) "Lottery Act" means Chapter 3770. of the Revised Code, and all amendments thereto.

(P) "Lottery fund" means the various lottery funds established in section 3770.06 of the Revised Code.

(Q) "Non-Gaming Employee" means any person who works for a video lottery sales agent, whose duties do not involve the maintenance or operation of gaming activity or equipment or who does not come in contact with gaming related cash, tokens, credit vouchers, or other financial instruments or who does not perform security and surveillance activities, and who is not a key gaming employee.

(R) "Permit holder" means an entity authorized by the state racing commission to conduct one or more horse racing meetings under Chapter 3769. of the Revised Code.

(S) "Person" means any person, persons, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, hedge fund, mutual fund, private equity fund, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements established by rule or order of the commission.

(T) "Settlement date" means each date specified by the director on which video lottery sales agents are to settle their transactions through deposits in accordance with procedures established by the director.

(U) "Technology provider" means a video lottery terminal manufacturer, distributor or provider who contracts with video lottery sales agents A technology provider also means an independent test lab licensed by the lottery.

(V) "Ticket" means a lottery ticket issued by the state lottery for sale to the public.

(W) "Unclaimed credit vouchers" means credit vouchers for cash or its monetary equivalent not redeemed within the redemption period set forth in rule 3770:2-7-02 of the Administrative Code.

(X) "United States gaming jurisdiction" or "Another United States gaming jurisdiction" as used in this chapter will mean the gaming jurisdiction of any state and will include the Ohio casino control commission and the Ohio state racing commission.

(Y) "Value" means the United States monetary equivalent.

(Z) "Video lottery terminal promotional gaming credit" means a video lottery terminal game credit, discount, or other similar item issued to a patron to enable the placement of, or increase in, a wager at a video lottery terminal.

(AA) "Video lottery" means the operation of video lottery games through the use of video lottery terminals, central monitoring systems, control systems, communications processes and/or associated equipment and activities connected and/or associated therewith.

(BB) "Video lottery applicant" means a person who is a permit holder or who has applied to be a permit holder and who applies for a video lottery license in accordance with the Lottery Act and division 3770:2 of the Administrative Code.

(CC) "Video lottery central monitoring system" means a system that may be operated by or under the control of the lottery commission for the purpose of providing the following functions relating to the sale of video lottery games: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the lottery commission.

(DD) "Video lottery central system provider" means the person that contracts with the lottery commission to provide the video lottery central system and its component parts and equipment and activities connected and/or associated therewith.

(EE) "Video lottery game" means any game authorized by the commission that is played on a video lottery terminal.

(FF) "Video lottery participant" means an individual who is twenty-one years of age or older and who purchases a video lottery ticket.

(GG) "Video lottery principal" means (1) an officer or director of a video lottery applicant or licensee; (2) a shareholder, general partner of a partnership, individual proprietor of a proprietorship, or any other form of association, entity, organization, or group of owners, having directly or indirectly an ownership interest of five percent or more in a video lottery applicant or licensee; (3) an institutional investor as defined in paragraph (L) of this rule having an ownership interest in a video lottery applicant or licensee of five percent or more, except as otherwise provided in paragraph (A)(7) of rule 3770:2-3-01 of the Administration Code.

(HH) ""Video lottery sales agent" and/or "sales agent" is a permit holder authorized to conduct live racing in accordance with Chapter 3769. of the Revised Code, and which is licensed by the director to sell video lottery games through video lottery terminals, and who continues to be a permit holder while authorized by the director to sell video lottery games.

(II) "Video lottery ticket" means an electronic or virtual instrument to enable a video lottery participant to play a video lottery game.

(JJ) "Video lottery prize payment" means the payment, by the commission or a video lottery sales agent, of prizes won by a video lottery participant while engaged in play on a video lottery terminal.

(KK) "Video lottery winnings" means the value of credits awarded that can be redeemed for cash or other designated prizes as a result of a video lottery winning game outcome.

(LL) "Video lottery license" means the specific privilege granted to a video lottery applicant by the director to sell video lottery games.

(MM) "Video lottery terminal or VLT" means any electronic device approved by the state lottery commission that provides immediate prize determinations for participants on an electronic display that is located at a facility owned by permit holder.

(NN) "Video lottery terminal income" means credits played, minus approved video lottery terminal promotional gaming credits, minus video lottery prize awards.

Last updated October 10, 2024 at 10:27 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-7-02

(A) Within one hundred eighty days of issuance of a credit voucher, a credit voucher must be redeemed for cash, or the monetary equivalent of cash, or other prizes by a video lottery participant at the facility where the credit voucher was issued, or if specified by the director, at the offices of the lottery commission, or other locations as authorized by the director.

(B) In connection with video lottery gaming prize winnings, credit vouchers, and/or video lottery prize payments, video lottery sales agents and video lottery participants winning video lottery prize winnings, redeeming credit vouchers or being paid video lottery prize payments shall comply with all applicable laws regarding withholding of taxes, debts, and obligations and reporting requirements. Compliance with the applicable laws may include, but may not be limited to, submission, by a video lottery participant, of name, address, date of birth and social security number, to the director and/or a video lottery sales agent, prior to issuance of a credit voucher or prior to redemption of a credit voucher. A video lottery participant's submission of name, address, date of birth and social security number shall include authorization to the director and/or a video lottery sales agent to use said information for verification of debts or obligations owed and/or reporting requirements. By participating in video lottery games and/or by submitting a claim to be paid a video lottery prize payment, a video lottery participant consents, agrees and authorizes access to and use of information submitted in connection with a video lottery prize payment claim for all necessary purposes under the Lottery Act by the director, its authorized representatives and agents, and video lottery sales agents.

(C) After any required withholding, unless otherwise specified by the director, payment and/or redemption of a valid credit voucher shall be made by the video lottery sales agent at the facility where the credit voucher was issued.

(1) A credit voucher shall be deemed to be valid provided that:

(a) It is presented on paper or other media approved by the director;

(b) It contains all information necessary to process payment of the credit voucher and all such information is legible;

(c) It is not mutilated, altered, tampered with, or otherwise illegible;

(d) It has not previously been paid;

(e) It meets all other rules, regulations, policies, and directives adopted, promulgated or issued by the commission or director regarding valid video lottery game play and credit vouchers.

(2) In the event that the video lottery sales agent or director makes a determination that a credit voucher is not subject to payment, the video lottery participant presenting the credit voucher may submit a written request, on a form approved by the director, or the director's designee, for a reconstruction of the credit voucher by the video lottery sales agent or director and a written determination of the video lottery sales agent's or director's decision regarding the invalidity of the credit voucher. In regard to any such request submitted to a video lottery sales agent, the director shall be provided a copy of all such requests and shall be provided with a copy of the video lottery sales agent's written determination.

(3) The director shall have final authority to honor or declare a credit voucher void. If a credit voucher is declared void by the director, there shall be no further liability to redeem or issue payment in connection with the voided credit voucher.

(D) The state and the commission and its directors, commissioners, and employees shall be discharged of any and all liability upon payment of a video lottery prize including, but not limited to, redemption and payment of a credit voucher.

(E) The state and the commission and its directors, commissioners, and employees shall be discharged of any and all liability associated with a misplaced, stolen, lost, or otherwise missing credit voucher.

Last updated August 13, 2025 at 10:06 AM

History

• Effective: March 30, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-01

(A) Application for a video lottery license will be submitted in accordance with procedures and conditions set by the director and will be made on a form approved by the director. At a minimum, and without limitation, an application for a video lottery license will require compliance with licensing requirements for a lottery sales agent under section 3770.05 of the Revised Code and Chapter 3770-2 of the Administrative Code, and will include the following requirements, which a video lottery applicant must provide at the time of submission of the application or agree to comply with should a video lottery license be issued.

(1) A video lottery applicant will need to submit the video lottery applicant's legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) A video lottery applicant will need to submit to the commission a licensing fee, if applicable, in the amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code;

(3) A video lottery applicant will need to submit proof, in a form required by the director, that the video lottery applicant is a permit holder or has applied to be a permit holder. If more than one permit holder conducted horseracing meetings at a track during the previous year, the permit holders will designate, by a written agreement, to be submitted prior to issuance of a video lottery license, one permit holder to be the actual video lottery sales agent in the event a video lottery license is issued;

(4) A video lottery applicant will need to submit, in a form acceptable to the director, its proposed business plan for video lottery at its facility, which may mandate the inclusion of documents relating to an applicant's borrowing or financing of video lottery operations including but not limited to the payment of licensing fees. A business plan may be deemed a trade secret under division (D) of section 1333.61 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(5) A video lottery applicant will need to agree to provide, in a form and by a date acceptable to the director, its proposed security and surveillance plan, including proposed standard operating procedures, for approval by the director or director's designee. A security and surveillance plan may be deemed an infrastructure record and/or security record as set forth in section 149.433 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(6) For the period of time established or mandated by the director, a video lottery applicant will provide a listing of any and all gaming licenses, registrations or certifications obtained by the video lottery applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(7) If mandated by the director, a video lottery applicant will agree to submit to background checks and reviews of the video lottery applicant, or the applicant's principals, or any other persons affiliated with the video lottery applicant or video lottery sales agent, who the director determines is subject to a criminal or financial background check. Background checks and reviews for institutional investors who are the video lottery applicant's principals may be required as deemed necessary by the director;

(a) The director may determine that an institutional investor having an ownership interest in a video lottery applicant or licensee, directly or indirectly, of five per cent to fifteen per cent is not a video lottery principal as defined in paragraph (GG) of rule 3770:2-2-01 of the Administrative Code if the institutional investor submits to the director documentation sufficient to establish qualifications as an institutional investor and certifies in writing, all of the following:

(i) The institutional investor owns, holds, or controls publicly traded securities issued by an applicant or licensee or holding, intermediate, or parent company of an applicant or licensee in the ordinary course of business for investment purposes only.

(ii) The institutional investor does not exercise influence over the affairs of the issuer of such securities nor over an licensed subsidiary of the issuer of such securities.

(iii) The institutional investor does not intend to exercise influence over the affairs of the issuer of such securities, nor over any licensed subsidiary of the issuer of such securities, in the future, and that it agrees to notify the director in writing within thirty days if such intent changes. The exercise of voting privileges with regard to publicly traded securities will not be deemed to constitute the exercise of influence over the affairs of a licensee.

(b) The director may rescind the determination that an institutional investor is not a video lottery principal under this paragraph at any time if the institutional investor exercises or intends to exercise influence or control over the affairs of the applicant or licensee.

(c) This paragraph will not be construed to preclude the director from requiring background checks and conducting reviews if the director becomes aware of facts or information that may result in the institutional investor being considered a video lottery principal.

(8) Within the time specified by the director, a video lottery applicant will need to, in a form acceptable to the director, obtain a dedicated non-revocable letter of credit, a surety bond, financial guarantee or other alternative form of credit approved by the director in an amount determined by the director. In addition, the director may mandate a video lottery applicant to submit evidence of the ability to obtain general liability insurance, workers compensation coverage, property insurance in amounts mandated by the director, and any other insurance or bonds deemed necessary by the director;

(9) If required by the director, a video lottery applicant will submit a signed indemnification agreement in a form approved by the director;

(10) An applicant will agree to provide, at times requested by the lottery, a written schedule that lists the installed cost of all fixtures and equipment supplied or to be supplied in connection with video lottery conducted at the video lottery sales agent's facility approved for video lottery sales;

(11) A video lottery applicant will need to agree that video lottery terminals will be located at the premises of the permit holder licensed by the racing commission to conduct live horse racing for profit at a racing meeting;

(12) A video lottery applicant will need to agree to purchase or lease, maintain and timely repair video lottery terminals, and a video lottery applicant will agree that video lottery terminals will only be purchased or leased from a technology provider licensed by the director;

(13) A video lottery applicant will need to agree to provide for a clearly identifiable separation between the video lottery area and the racing wagering area;

(14) An applicant will need to agree to make, maintain and repair necessary capital improvements for facilities at which video lottery terminals are located in accordance with standards and timetables set forth by the director;

(15) A video lottery applicant will agree that any hardware or software installed to facilitate redemption of credit vouchers will be the video lottery sales agent's responsibility;

(16) A video lottery applicant will need to agree to be responsible for the costs associated with providing technology providers and other personnel designated by the director, sufficient space, as determined by the director, at the facility, where video lottery terminals are located, to allow technology providers and other personnel designated by the director to store equipment and conduct service, repairs and maintenance of video lottery terminals, video lottery central monitoring system and peripherals associated therewith necessary to ensure continued operation of the video lottery central monitoring system and video lottery terminals;

(17) A video lottery applicant will need to agree to timely report to the director, or the director's designee, any malfunction of the video lottery terminals or associated equipment, or failures of the technology providers to promptly service, repair or deliver video lottery terminals when such malfunctions or failures are reported to, made known to or observed by a video lottery sales agent;

(18) A video lottery applicant will need to agree to allow the lottery and its designated agents access to the video lottery facility and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director;

(19) A video lottery applicant will need to agree that all funds due to the lottery will be transferred to the lottery by electronic fund transfer, or other method as approved by the director on the days and times set forth in the schedule or schedules issued by the director; and

(20) A video lottery applicant is mandated to agree that payments of video lottery winnings to video lottery participants, and required withholdings, if applicable, will be handled in accordance with procedures as approved by the director.

(B) As deemed necessary by the director, the director may amend the application and mandate video lottery applicants and/or video lottery sales agents to supplement or complete an amended application. Further, all information required to be submitted as part of an application for a video lottery license pursuant to division 3770:2 of the Administrative Code will be updated or supplemented if updates or changes occur following the submission of an application. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Last updated September 29, 2025 at 8:05 AM

History

• Effective: September 29, 2025
• Promulgated Under: 119.03

Chapter 3770:2-3 Video Lottery Licenses

Ohio Adm.Code 3770:2-3-01 Video lottery licenses; application.

(A) Application for a video lottery license will be submitted in accordance with procedures and conditions set by the director and will be made on a form approved by the director. At a minimum, and without limitation, an application for a video lottery license will require compliance with licensing requirements for a lottery sales agent under section 3770.05 of the Revised Code and Chapter 3770-2 of the Administrative Code, and will include the following requirements, which a video lottery applicant must provide at the time of submission of the application or agree to comply with should a video lottery license be issued.

(1) A video lottery applicant will need to submit the video lottery applicant's legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) A video lottery applicant will need to submit to the commission a licensing fee, if applicable, in the amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code;

(3) A video lottery applicant will need to submit proof, in a form required by the director, that the video lottery applicant is a permit holder or has applied to be a permit holder. If more than one permit holder conducted horseracing meetings at a track during the previous year, the permit holders will designate, by a written agreement, to be submitted prior to issuance of a video lottery license, one permit holder to be the actual video lottery sales agent in the event a video lottery license is issued;

(4) A video lottery applicant will need to submit, in a form acceptable to the director, its proposed business plan for video lottery at its facility, which may mandate the inclusion of documents relating to an applicant's borrowing or financing of video lottery operations including but not limited to the payment of licensing fees. A business plan may be deemed a trade secret under division (D) of section 1333.61 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(5) A video lottery applicant will need to agree to provide, in a form and by a date acceptable to the director, its proposed security and surveillance plan, including proposed standard operating procedures, for approval by the director or director's designee. A security and surveillance plan may be deemed an infrastructure record and/or security record as set forth in section 149.433 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(6) For the period of time established or mandated by the director, a video lottery applicant will provide a listing of any and all gaming licenses, registrations or certifications obtained by the video lottery applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(7) If mandated by the director, a video lottery applicant will agree to submit to background checks and reviews of the video lottery applicant, or the applicant's principals, or any other persons affiliated with the video lottery applicant or video lottery sales agent, who the director determines is subject to a criminal or financial background check. Background checks and reviews for institutional investors who are the video lottery applicant's principals may be required as deemed necessary by the director;

(a) The director may determine that an institutional investor having an ownership interest in a video lottery applicant or licensee, directly or indirectly, of five per cent to fifteen per cent is not a video lottery principal as defined in paragraph (GG) of rule 3770:2-2-01 of the Administrative Code if the institutional investor submits to the director documentation sufficient to establish qualifications as an institutional investor and certifies in writing, all of the following:

(i) The institutional investor owns, holds, or controls publicly traded securities issued by an applicant or licensee or holding, intermediate, or parent company of an applicant or licensee in the ordinary course of business for investment purposes only.

(ii) The institutional investor does not exercise influence over the affairs of the issuer of such securities nor over an licensed subsidiary of the issuer of such securities.

(iii) The institutional investor does not intend to exercise influence over the affairs of the issuer of such securities, nor over any licensed subsidiary of the issuer of such securities, in the future, and that it agrees to notify the director in writing within thirty days if such intent changes. The exercise of voting privileges with regard to publicly traded securities will not be deemed to constitute the exercise of influence over the affairs of a licensee.

(b) The director may rescind the determination that an institutional investor is not a video lottery principal under this paragraph at any time if the institutional investor exercises or intends to exercise influence or control over the affairs of the applicant or licensee.

(c) This paragraph will not be construed to preclude the director from requiring background checks and conducting reviews if the director becomes aware of facts or information that may result in the institutional investor being considered a video lottery principal.

(8) Within the time specified by the director, a video lottery applicant will need to, in a form acceptable to the director, obtain a dedicated non-revocable letter of credit, a surety bond, financial guarantee or other alternative form of credit approved by the director in an amount determined by the director. In addition, the director may mandate a video lottery applicant to submit evidence of the ability to obtain general liability insurance, workers compensation coverage, property insurance in amounts mandated by the director, and any other insurance or bonds deemed necessary by the director;

(9) If required by the director, a video lottery applicant will submit a signed indemnification agreement in a form approved by the director;

(10) An applicant will agree to provide, at times requested by the lottery, a written schedule that lists the installed cost of all fixtures and equipment supplied or to be supplied in connection with video lottery conducted at the video lottery sales agent's facility approved for video lottery sales;

(11) A video lottery applicant will need to agree that video lottery terminals will be located at the premises of the permit holder licensed by the racing commission to conduct live horse racing for profit at a racing meeting;

(12) A video lottery applicant will need to agree to purchase or lease, maintain and timely repair video lottery terminals, and a video lottery applicant will agree that video lottery terminals will only be purchased or leased from a technology provider licensed by the director;

(13) A video lottery applicant will need to agree to provide for a clearly identifiable separation between the video lottery area and the racing wagering area;

(14) An applicant will need to agree to make, maintain and repair necessary capital improvements for facilities at which video lottery terminals are located in accordance with standards and timetables set forth by the director;

(15) A video lottery applicant will agree that any hardware or software installed to facilitate redemption of credit vouchers will be the video lottery sales agent's responsibility;

(16) A video lottery applicant will need to agree to be responsible for the costs associated with providing technology providers and other personnel designated by the director, sufficient space, as determined by the director, at the facility, where video lottery terminals are located, to allow technology providers and other personnel designated by the director to store equipment and conduct service, repairs and maintenance of video lottery terminals, video lottery central monitoring system and peripherals associated therewith necessary to ensure continued operation of the video lottery central monitoring system and video lottery terminals;

(17) A video lottery applicant will need to agree to timely report to the director, or the director's designee, any malfunction of the video lottery terminals or associated equipment, or failures of the technology providers to promptly service, repair or deliver video lottery terminals when such malfunctions or failures are reported to, made known to or observed by a video lottery sales agent;

(18) A video lottery applicant will need to agree to allow the lottery and its designated agents access to the video lottery facility and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director;

(19) A video lottery applicant will need to agree that all funds due to the lottery will be transferred to the lottery by electronic fund transfer, or other method as approved by the director on the days and times set forth in the schedule or schedules issued by the director; and

(20) A video lottery applicant is mandated to agree that payments of video lottery winnings to video lottery participants, and required withholdings, if applicable, will be handled in accordance with procedures as approved by the director.

(B) As deemed necessary by the director, the director may amend the application and mandate video lottery applicants and/or video lottery sales agents to supplement or complete an amended application. Further, all information required to be submitted as part of an application for a video lottery license pursuant to division 3770:2 of the Administrative Code will be updated or supplemented if updates or changes occur following the submission of an application. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Last updated September 29, 2025 at 8:05 AM

History

• Effective: September 29, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-2-01

(A) "Administrative Procedure Act" means Chapter 119. of the Revised Code, and all amendments thereto.

(B) "Associated equipment" means hardware and software that is utilized in connection with the video lottery, but does not include telecommunication facilities and equipment of a public utility.

(C) "Capital Investment" means costs related to demolition, engineering, architecture, design, site preparation, construction, infrastructure improvements, land acquisitions, furniture, fixtures, equipment, insurance related to construction, capitalized interest and other financing costs, leasehold improvements, video lottery terminal acquisition and related technology, surveillance and security equipment, and such other costs as approved by the director which are usual and customary for the industry.

(D) "Commission" and "Ohio lottery commission" and "lottery" mean the state lottery commission created by the Lottery Act.

(E) "Commissioners" means a member of the commission.

(F) "Credit" means the value remaining to a video lottery participant usually denoted in units of play that may be used to continue to play video lottery games or may be redeemed for cash, or its monetary equivalent, or other prizes. Credit balances are increased by cash inserted, credit vouchers inserted, and/or video lottery prize winnings and may be increased by video lottery terminal promotional gaming credits.

(G) "Credit voucher" means a bearer instrument issued from a video lottery terminal for redemption of credit in accordance with the Lottery Act and the commission's rules and regulations.

(H) "Director" means the executive director of the state lottery appointed in accordance with the Lottery Act.

(I) "Electronic display" means the presentation of elements of video lottery games including but not limited to prize determination which are visible on a video lottery terminal and which may include but are not limited to mechanical spinning reels and/or video displays.

(J) "Game" means a lottery game offered by the state lottery for sale to the public.

(K) "Gaming employee" means any employee employed in the operation of a facility whose duties primarily involve the maintenance or operation of gaming activity or equipment or who comes in contact with gaming related cash, tokens, credit vouchers, vouchers, or other financial instruments or who performs security and surveillance activities, but who are not key gaming employees.

(L) "Institutional investor" means any of the following entities: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, any association engaged, as a substantial part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity fund, or any trust in respect of which a bank is trustee or cotrustee, investment company registered under the "Investment Company Act of 1940," 15 U.S.C. 80a-1, collective investment trust organized by banks under "Part Nine of the Rules of the Comptroller of the Currency," closed-end investment trust, chartered or licensed life insurance company or property and casualty insurance company, investment advisor registered under the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1, and such other persons as the commission may reasonably determine to qualify as an institutional investor for reasons consistent with this chapter.

(M) "Key gaming employee" includes managers, supervisors or other employees who have authority to develop or administer policy, long-range plans, or to make discretionary decisions regulating gaming operations and managers, supervisors or other employees responsible for major areas of the property, even if no gaming is conducted in the area.

(N) "Licensing fee" means the fee to be paid by an applicant that is approved for a video lottery license which will be in an amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code.

(O) "Lottery Act" means Chapter 3770. of the Revised Code, and all amendments thereto.

(P) "Lottery fund" means the various lottery funds established in section 3770.06 of the Revised Code.

(Q) "Non-Gaming Employee" means any person who works for a video lottery sales agent, whose duties do not involve the maintenance or operation of gaming activity or equipment or who does not come in contact with gaming related cash, tokens, credit vouchers, or other financial instruments or who does not perform security and surveillance activities, and who is not a key gaming employee.

(R) "Permit holder" means an entity authorized by the state racing commission to conduct one or more horse racing meetings under Chapter 3769. of the Revised Code.

(S) "Person" means any person, persons, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, hedge fund, mutual fund, private equity fund, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements established by rule or order of the commission.

(T) "Settlement date" means each date specified by the director on which video lottery sales agents are to settle their transactions through deposits in accordance with procedures established by the director.

(U) "Technology provider" means a video lottery terminal manufacturer, distributor or provider who contracts with video lottery sales agents A technology provider also means an independent test lab licensed by the lottery.

(V) "Ticket" means a lottery ticket issued by the state lottery for sale to the public.

(W) "Unclaimed credit vouchers" means credit vouchers for cash or its monetary equivalent not redeemed within the redemption period set forth in rule 3770:2-7-02 of the Administrative Code.

(X) "United States gaming jurisdiction" or "Another United States gaming jurisdiction" as used in this chapter will mean the gaming jurisdiction of any state and will include the Ohio casino control commission and the Ohio state racing commission.

(Y) "Value" means the United States monetary equivalent.

(Z) "Video lottery terminal promotional gaming credit" means a video lottery terminal game credit, discount, or other similar item issued to a patron to enable the placement of, or increase in, a wager at a video lottery terminal.

(AA) "Video lottery" means the operation of video lottery games through the use of video lottery terminals, central monitoring systems, control systems, communications processes and/or associated equipment and activities connected and/or associated therewith.

(BB) "Video lottery applicant" means a person who is a permit holder or who has applied to be a permit holder and who applies for a video lottery license in accordance with the Lottery Act and division 3770:2 of the Administrative Code.

(CC) "Video lottery central monitoring system" means a system that may be operated by or under the control of the lottery commission for the purpose of providing the following functions relating to the sale of video lottery games: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the lottery commission.

(DD) "Video lottery central system provider" means the person that contracts with the lottery commission to provide the video lottery central system and its component parts and equipment and activities connected and/or associated therewith.

(EE) "Video lottery game" means any game authorized by the commission that is played on a video lottery terminal.

(FF) "Video lottery participant" means an individual who is twenty-one years of age or older and who purchases a video lottery ticket.

(GG) "Video lottery principal" means (1) an officer or director of a video lottery applicant or licensee; (2) a shareholder, general partner of a partnership, individual proprietor of a proprietorship, or any other form of association, entity, organization, or group of owners, having directly or indirectly an ownership interest of five percent or more in a video lottery applicant or licensee; (3) an institutional investor as defined in paragraph (L) of this rule having an ownership interest in a video lottery applicant or licensee of five percent or more, except as otherwise provided in paragraph (A)(7) of rule 3770:2-3-01 of the Administration Code.

(HH) ""Video lottery sales agent" and/or "sales agent" is a permit holder authorized to conduct live racing in accordance with Chapter 3769. of the Revised Code, and which is licensed by the director to sell video lottery games through video lottery terminals, and who continues to be a permit holder while authorized by the director to sell video lottery games.

(II) "Video lottery ticket" means an electronic or virtual instrument to enable a video lottery participant to play a video lottery game.

(JJ) "Video lottery prize payment" means the payment, by the commission or a video lottery sales agent, of prizes won by a video lottery participant while engaged in play on a video lottery terminal.

(KK) "Video lottery winnings" means the value of credits awarded that can be redeemed for cash or other designated prizes as a result of a video lottery winning game outcome.

(LL) "Video lottery license" means the specific privilege granted to a video lottery applicant by the director to sell video lottery games.

(MM) "Video lottery terminal or VLT" means any electronic device approved by the state lottery commission that provides immediate prize determinations for participants on an electronic display that is located at a facility owned by permit holder.

(NN) "Video lottery terminal income" means credits played, minus approved video lottery terminal promotional gaming credits, minus video lottery prize awards.

Last updated October 10, 2024 at 10:27 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-02 Video lottery licenses; application review process.

(A) Upon receiving a video lottery application, the director or the director's designees shall evaluate the video lottery applicant to determine if the video lottery applicant meets the requirements of the Lottery Act and the commission's rules and regulations pertaining to video lottery. In addition to consideration of factors set forth in section 3770.05 of the Revised Code and division 3770:2 of the Administrative Code pertaining to lottery sales agents the following factors may be considered during the application review process for determining whether an application for video lottery license shall be granted or denied.

(1) The financial responsibility and security of the video lottery applicant, including the extent to which a video lottery applicant has demonstrated its ability to financially sustain video lottery at its facility, as well as the source of such financing;

(2) The accessibility of the video lottery applicant's place of business to the public;

(3) The volume of expected sales by the video lottery applicant;

(4) The results of any background checks;

(5) Whether a video lottery applicant has failed to comply with a commission rule, regulation, policy, directive or order;

(6) Whether a video lottery applicant has failed to comply with another jurisdiction's lottery or gaming laws, rules, regulations, policies, directives or orders;

(7) Whether the video lottery applicant or persons who will be involved in video lottery at the video lottery applicant's facility is affiliated with a technology provider to be engaged in the operation of video lottery in the state, and if so affiliated, the nature of the affiliation;

(8) The extent to which a video lottery applicant has cooperated with the commission in the application process including but not limited to cooperation with criminal and financial background checks and reviews;

(9) The completeness and adequacy of a video lottery applicant's business plan and security and surveillance plan(s), including but not limited to, the manner in which the plans reflect on a video lottery applicant's ability to offer video lottery games for sale in accordance with the Lottery Act, rules, regulations, policies, directives and orders pertaining to video lottery; and

(10) Any other information that the director deems relevant to a determination regarding a video lottery applicant's ability to offer video lottery games for sale in accordance with the Lottery Act, rules, regulations, policies, directives and orders pertaining to video lottery gaming operations.

(B) If an applicant has been licensed by another United States gaming jurisdiction for the operation of video lottery, the director may, but is not required to, consider and rely upon any certifications obtained in connection with an application submitted to another United States gaming jurisdiction in connection with the operation of video lottery.

Last updated August 13, 2025 at 10:04 AM

History

• Effective: January 16, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-03 Video lottery licenses; issuance of license.

(A) If after a review of an application and consideration of factors deemed relevant to the efficient and proper administration of video lottery, and provided that the director determines that a video lottery applicant has met the requirements for issuance of a video lottery license, the director may license a video lottery applicant as a video lottery sales agent on such terms and conditions, and for such length of time, deemed appropriate, including issuance of a temporary license.

(B) No video lottery license will be issued until licensing fees are paid in accordance with and in the amount set forth in rules promulgated by the commission under Chapter 3770:2-11 of the Administrative Code.

(C) No video lottery license will be issued to an entity that is not a permit holder. An entity that has submitted an application to the racing commission to become a permit holder may apply for a video lottery sales agent license. No video lottery sales agent license will be issued unless and until the application to become a permit holder is granted by the racing commission.

(D) Video lottery licenses are subject to suspension, modification, revocation or fines as authorized by the Lottery Act, rule, regulation, policy order or directive of the commission or director. Further, as necessary for reasons related to public safety, convenience or trust which warrant immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. In the event of such action, the director will continue to comply with the requirements of the Administrative Procedure Act in affording the video lottery sales agent a subsequent opportunity for an adjudication hearing.

(E) License transfer.

(1) A video lottery license is not transferable without regulatory review and approval by the director. Any person or entity holding an ownership interest in the video lottery applicant or holding, directly or indirectly, an ownership interest through a holding company of the video lottery applicant, as of the date of issuance of an operating license to the video lottery sales agent, may increase such ownership interest thereafter and any such increase or increases will not be considered a transfer of license under this rule.

(2) Any ownership interest in the video lottery sales agent or ownership, directly or indirectly, through a holding company of a video lottery sales agent, that is acquired after the date of issuance of an operating license to the video lottery sales agent by a person or entity not previously holding an ownership interest, which would result in such person or entity obtaining control of the video lottery applicant will be considered a license transfer and will be submitted to the director for regulatory review and approval prior to such a transfer.

(3) Any changes in ownership under paragraph (E)(1) or (E)(2) of this rule will be subject to supplemental requirements set forth in paragraph (B) of rule 3770:2-3-01 of the Administrative Code or in a transfer application.

(4) As used in this paragraph, "control" means either of the following:

(a) Holding fifty per cent or more of the outstanding voting securities of an applicant; or having the right in the event of dissolution to fifty per cent or more of the assets of the applicant; or, for an unincorporated applicant, having the right to fifty per cent or more of the profits of the applicant; or

(b) Having the contractual power presently to designate fifty per cent or more of the directors of a for-profit or not-for-profit corporation or, in the case of trusts described in paragraphs (c)(3) to (5) of 16 C.F.R. 801.1 (2011), the trustees of such a trust.

(5) If the director permits a transfer under this subsection, a reduction of any fee otherwise payable under division 3770:2 of the Administrative Code, is subject to the director's discretion.

(F) The relationship between the lottery and a video lottery sales agent is one of trust and a video lottery sales agent collects funds as a fiduciary on behalf of and in trust for the lottery through the sale of video lottery tickets for which a video lottery sales agent receives compensation.

(G) Video lottery games sold and video lottery terminals operated by a licensed video lottery sales agent will be approved by the director, commission or commissioners, as applicable.

(H) A video lottery license will authorize a video lottery sales agent to offer video lottery games for sale and engage in authorized video lottery activity.

(I) Upon issuance of a video lottery license, a video lottery sales agent will be obligated to comply with the applicable provisions of the Lottery Act, all rules, regulations, policies and directives of the commission or director and all terms and conditions of the license as set forth in the application, or any amendments or modifications thereto. Failure to comply with any and all obligations of a video lottery sales agent may subject the video lottery sales agent's video lottery license to suspension or revocation as set forth in rule 3770:2-3-05 of the Administrative Code, or to imposition of monetary penalties as set forth in rule 3770:2-3-06 of the Administrative Code. A temporary video lottery license, if issued, does not guarantee the issuance of a video lottery license.

(J) In addition to selling video lottery games, a video lottery sales agent is also obligated to sell other lottery games authorized by the commission and allocated to the video lottery sales agent by the director.

(K) No more than seven video lottery sales agent licenses will be issued to permit holders at any one time during the ten-year period following the issuance of the first video lottery sales agent license.

Last updated February 24, 2025 at 7:50 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-05

(A) Suspension or revocation. A video lottery license may be suspended or revoked as set forth in this rule:

(1) Non-compliance. The director may suspend or revoke a license of a video lottery sales agent who does not comply with the Lottery act, all rules, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director, or any state or federal law, including but not limited to the following:

(a) Failure to pay any required licensing fee;

(b) Failure to maintain any required surety bond, dedicated non-revocable letter of credit, or other form of credit authorized or required by the director;

(c) Failure to maintain any insurance, coverage and/or bonds required by the director;

(d) Making a false statement, omission, or misrepresentation of a material fact in connection with a video lottery application for, or renewal of, a license, in any reports or to any person, in connection with a lottery transaction or investigation;

(e) Failure to promptly and accurately settle the accounts of lottery transactions and/or pay to the commission the amounts due the commission from video lottery sales, unclaimed credit vouchers or other amounts due the commission in accordance with the procedures established by the director;

(f) Failure to credit or pay a winning video lottery participant as required by commission rule, regulation, policy, order or directive;

(g) Allowing an individual under the age of twenty-one to play video lottery games or to be paid a video lottery prize payment;

(h) Failure to maintain adequate and sufficient security at the video lottery sales agent's licensed facility;

(i) Offering a video lottery game that has not been approved by the director or commission, as applicable;

(j) Maintaining, installing or operating devices for the sale of video lottery at the facility approved for a video lottery license other than video lottery terminals authorized and approved by the director for use in connection with video lottery;

(k) Failing to purchase, lease, maintain or timely repair the minimum number of video lottery terminals as required by the director or purchasing, leasing or maintaining an amount of video lottery terminals in excess of a maximum number authorized by the lottery act, all rules, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director;

(l) Failure to comply with the terms and conditions of "The Americans with Disabilities Act of 1990," 104. stat. 327, 42 U.S.C. 12101 to 12213;

(m) Failure to provide any required notice or failure to obtain any required approval prior to relocation or transportation of a video lottery terminal;

(n) Failure to make capital improvements as required by commission rule, regulation, policy, order or directive, and/or fail to meet financial obligations necessary for the continued operation of video lottery;

(o) Acting in a manner that impacts or has the likelihood of impacting the efficient operation or integrity of video lottery;

(p) Failure to adhere to all the terms and conditions as set forth in the licensing agreement, including any amendments or modifications thereto.

(2) The director may suspend or revoke a video lottery license if a video lottery sales agent, or any of its video lottery principals or any person who the director has determined should be subjected to a criminal background check are convicted of any of the offenses set forth in divisions (C)(1) to (C)(5) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code, or any other criminal violation which as determined by the director may negatively impact the integrity of the lottery.

(3) The director may suspend or revoke a video lottery license if, at any time after issuance of a video lottery license, the director determines that a video lottery sales agent no longer meets the requirements and standards for issuance of a video lottery license as set forth in the Lottery Act, commission rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) Any suspension or revocation under this section may be in addition to or in lieu of the imposition of a fine under rule 3770:2-3-06 of the Administrative Code.

(C) When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a video lottery sales agent affected by an order to suspend or revoke a video lottery license. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend or revoke a video lottery license may be waived under circumstances such as non-payment of funds owed by a video sales lottery agent, or for reasons related to the public safety, convenience or trust which require immediate action. Further, as necessary for reasons related to public safety, convenience or trust which require immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the video lottery agent a subsequent opportunity for an adjudication hearing.

(D) If a video lottery sales agent's video lottery license is revoked, a video lottery sales agent may reapply, but any subsequent application shall require submission of a new application and payment of a new licensing fee, and shall only be submitted after any waiting period for reapplication, if any, established by the director, has expired.

Last updated August 13, 2025 at 10:04 AM

History

• Effective: July 20, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-06

(A) As determined by the director, monetary fines may be imposed upon a video lottery sales agent who does not comply with the Lottery Act, all rules, regulations, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director which may include but may not be limited to a determination that a video lottery sales agent has failed to comply with or violated any provisions set forth in paragraphs (A)(1) to (A)(3) of rule 3770:2-3-05 of the Administrative Code.

(B) Any fines under this section may be in addition to or in lieu of a suspension or revocation under rule 3770:2-3-05 of the Administrative Code.

(C) The director may establish a schedule of fines that may be imposed pursuant to the authority set forth herein. Said schedule, and any amendments or revisions thereto, shall be approved by the director and made available to video lottery sales agents prior to imposition of monetary fines thereunder. Nothing contained on a fine schedule established by the director for video lottery sales agents shall mandate imposition of a fine, but in the event that fines are imposed, the video lottery sales agent fine schedule in effect at the time of the event leading to a determination that a fine shall be imposed, shall be applicable.

(D) When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a video lottery sales agent affected by an order imposing a fine. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend or revoke a video lottery license may be waived under circumstances such as non-payment of funds owed by a video lottery sales agent, or for reasons related to the public safety, convenience or trust which require immediate action. Further, as necessary for reasons related to public safety, convenience or trust which require immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the video lottery sales agent a subsequent opportunity for an adjudication hearing.

Last updated August 17, 2026 at 10:24 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-04 Video lottery licenses; denial of license.

(A) Denial of license. If after a review of a video lottery sales agent application and consideration of any other factors deemed relevant to the efficient and proper operation of video lottery, the director determines that an applicant has not met the requirements for issuance of a video lottery sales agent license, the director may deny the application, or may request that the application be revised and reviewed for further consideration.

(B) Grounds for refusal. In addition to the grounds for refusal to grant an applicant's request for a license in divisions (C)(1) to (C)(5), (D)(1) to (D)(3) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code, and except as provided in paragraph (C) of this rule, in the event any of the following are determined by the director, an application for a video lottery license may be denied:

(1) A determination that an applicant or person who will be involved in video lottery operations at the video lottery applicant's facility is affiliated with a technology provider engaged in the operation of video lottery in the state which has been determined by the director to be an unacceptable affiliation and a video lottery applicant or a person who will be involved in video lottery at the video lottery applicant's facility has refused to divest itself of the affiliation with the technology provider.

(2) A determination that an applicant has made a misrepresentation regarding a fact material to an application or has failed to disclose information regarding a fact material to an application.

(3) A determination that an applicant or person who will be involved in video lottery operations at the video lottery applicant's facility has been convicted of any criminal violation which as determined by the director may negatively impact the integrity of the lottery.

(C) Sealing of record. The director may require a video lottery applicant, or any of the applicant's principals or any person who the director has determined should be subjected to a criminal background check that have been convicted of any of the offenses set forth in divisions (C)(1) to (C)(3), (C)(5), (E)(1), or (E)(2) of section 3770.05 of the Revised Code to obtain an order from a court of competent jurisdiction to have the record of such offense sealed. If such an order is not obtained during the time specified by the director, the director may deny the video lottery application. If the record of an applicant, or any of its video lottery principals or any person who the director has determined should be subjected to a criminal background check reveals an offense listed in divisions (C)(1) to (C)(3), (C)(5) (E)(1), or(E)(2) of section 3770.05 of the Revised Code which is at least ten years old, the director may disregard the offense and may license the video lottery applicant.

(D) Right to hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a video lottery applicant affected by a decision to deny an application for a video lottery sales agent license. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act.

(E) Reapplication. If an application is denied, an applicant may reapply, but any subsequent application shall require submission of a new application and payment of a separate licensing fee, as applicable, and shall only be submitted after any waiting period for reapplication, if such a period has been established by the director, has expired.

Last updated August 13, 2025 at 10:04 AM

History

• Effective: January 17, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-07 Video lottery licenses; renewal.

(A) An application to renew a video lottery license must be filed on a form approved by the director and shall be subject to review and approval by the director in accordance with the Lottery Act, rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) Every three years, a video lottery sales agent shall be required to submit a video lottery sales agent renewal application in the manner and form as required by the director. A video lottery sales agent is under a continuing duty to promptly disclose any changes in the information provided in the initial application and any renewal application, including changes in any materials submitted with a previous initial or renewal application. The duty to make such additional disclosures shall continue throughout any period of the license that is granted.

(C) An application to renew a video lottery license must be filed on or before the date established by the director for renewal, unless submission of a late renewal application is approved by the director.

(D) At the time of submission of an application to renew a video lottery license, a video lottery agent shall submit any fees as required in rules promulgated by the commission under division 3770:2 of the Administrative Code.

(E) Any renewal license shall be subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy order or directives adopted, promulgated or issued by the commission or the director.

Last updated August 13, 2025 at 10:04 AM

History

• Effective: June 28, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-08 Video lottery licenses; compensation, credits and reimbursement of expense.

(A) Commission. Each video lottery sales agent will receive a commission of sixty-six and one-half per cent which will be calculated as a percentage of video lottery terminal income. The director will establish procedures for the payment of commissions due to video lottery sales agents. The procedures established by the director pursuant to this rule will include but not be limited to procedures for calculation of financial adjustments. In connection with the sale of lottery tickets by a video lottery sales agent, other than video lottery tickets, a video lottery sales agent will be paid commissions pursuant to rule 3770-4-09 of the Administrative Code.

(B) Unclaimed credit vouchers. Funds available as unclaimed credit vouchers, as determined by the director, will be owed to the commission in accordance with procedures established by the director.

(C) Video lottery terminal promotional gaming credit. As authorized by the director, a video lottery sales agent may offer video lottery terminal promotional gaming credit to video lottery participants in amounts approved by the director. In the event that a video lottery sales agent offers video lottery terminal promotional gaming credit in excess of the amount approved by the director to be offered, the video lottery sales agent will be financially responsible for payment to the commission for the value of the credits.

(D) Reimbursement of expense. The director may establish procedures for reimbursement of expenses properly incurred by a video lottery sales agent as authorized by the director.

(E) Gambling addiction funding support. Beginning July 1, 2013, each video lottery sales agent will disperse to the Ohio lottery one-half of one per cent of the video lottery sales agent's commission (.3325 per cent) to provide funding support for programs that provide for gambling addiction and other related addiction services as mandated by division (C) of section 3769.087 of the Revised Code.

Last updated October 10, 2024 at 8:36 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770-4-09

(A) Commission. Except as otherwise provided in paragraph (B) of this rule, each sales agent will receive a commission based upon the sales agent's gross game sales at the rate specified by the director for each license. The director will establish procedures for the prompt payment to each sales agent of their sales commission and cashing bonus. In addition, the director may from time to time establish incentive and bonus awards for sales agents for promotional purposes. Incentive and bonus awards may include increased sales commissions, cash awards, trips, merchandise or any other award at the discretion of the director.

(B) For sales of all "EZPlay Tap" games offered, each sales agent will receive a commission based upon net game sales. Net game sales as used herein means sales after deduction of applicable vendor fees and winner pay outs at the rate specified by the director.

(C) Reimbursement of expense. The director will establish procedures for the prompt reimbursement of all expenses properly incurred by a sales agent as authorized by the director.

Last updated September 29, 2025 at 9:06 AM

History

• Effective: September 29, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-09 Video lottery licenses; records and audits and inspection of video lottery agent premises.

(A) The lottery and the auditor of the state may at any time examine, inspect, test or access for any purposes all records, files, equipment and other documents, including but not limited to electronic, paper and computer records, files and other documents, video lottery terminals, and hardware and software used in connection with video lottery of the video lottery sales agent whether kept or maintained by the video lottery sales agent, its management company, employees, representatives and/or other entity assisting in the operation of video lottery at the video lottery sales agent's video lottery facility. Video lottery sales agents shall ensure that such equipment, records, files and other documents are regularly maintained and up to date.

(B) A video lottery sales agent shall allow inspections of the licensed premises at any time as authorized by the director. The inspection may be made without prior notice to the video lottery sales agent.

Last updated August 13, 2025 at 10:05 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-10 Video lottery licenses; settlement of video lottery ticket sales, control of video lottery and collection of revenues due the lottery.

(A) Settlement cycles. The video lottery sales agent will account for all video lottery game sales proceeds and transfer those proceeds, less authorized deductions, to the lottery by means of procedures established by the director for the deposits of proceeds from video lottery game sales. The director may preclude a video lottery sales agent from participating in video lottery operations if a video lottery sales agent has not fully accounted for video lottery game sales proceeds.

(B) Forms. The director will, in management regulations or directives, prescribe the forms for video lottery sales agents to use in connection with video lottery transactions.

(C) Control of video lottery. Any establishment of video lottery sales agent agreements pertaining to the provision of video lottery terminals is for the benefit of the lottery. The commission retains the right to maintain and exercise control of video lottery operations at all times by any means necessary to ensure the security and efficient operation of the lottery. Equipment or supplies that are provided to or placed on the premises of a video lottery sales agent by the lottery remain the property of the state of Ohio.

(D) Director's authority to collect video lottery sales revenues.

(1) The director will collect the revenues received through video lottery operations, and from video lottery sales agents, at intervals established by the director. The director will designate a day or days during any interval time period on which video lottery sales agents will be required to deposit to the credit of the lottery fund, in accounts which will be used exclusively for lottery-related transactions at lawfully designated banking institutions, all moneys due the lottery by such video lottery sales agents from the operation of video lottery games, less an amount retained as compensation for conducting such video lottery games. The director may further order that video lottery sales agents deduct the amounts they pay in authorized video lottery prize payments and any commissions or bonuses to which video lottery sales agents are entitled from the amounts received in gross video lottery game sales prior to their deposit in accounts.

(2) The director may arrange for any banking institution to perform the functions and services necessary to collect the revenues received from the sale of video lottery games by video lottery sales agents, and may arrange the compensation for such performance as deemed necessary and advisable. The director may also rely on the treasurer of state to perform this function. The director will establish detailed record keeping and operating procedures to be followed by such banking institutions to carry out the purposes of the Lottery Act and lottery rules.

(E) Penalties for non-transfer of funds. The director may impose penalties for the failure of a video lottery sales agent to transfer funds to the lottery in a timely manner. Penalties may include, but are not limited to, monetary penalties, modification of license, immediate suspension or revocation. The director may adopt internal management regulations elaborating on any terms regarding the collection of sales revenues due and owing from the video lottery sales agents.

Last updated November 15, 2022 at 8:54 AM

History

• Effective: November 11, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-11 Video lottery licenses - tampered with and/or compromised video lottery terminals or games.

In the event of incidents of tampering with, impairment or compromise of the integrity or security of video lottery terminals, video lottery games, video lottery results, credit vouchers or other records, files, documents or equipment relating to video lottery, a video lottery sales agent is obligated to notify the director within a reasonable time after detection. Any employee of a video lottery sales agent with knowledge of such incident will notify the sales agent of such incident within a reasonable time after detection, so that the sales agent can notify the director.

Last updated October 10, 2024 at 8:37 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Chapter 3770:2-4 Key Gaming Employee Licenses

Ohio Adm.Code 3770:2-4-01 Video lottery sales agent employee licensing.

(A) Video lottery sales agent employees will be required to obtain a license prior to being involved in any video lottery gaming licensed activity.

(B) Any individual who holds a license may perform the duties and responsibilities of any position within that category.

(C) Identification. A licensed employee will have a photo taken for identification purposes and shall produce the appropriate and necessary identification, within a reasonable time, when required to do so.

(D) Categories of employee licenses:

(1) Category one: key gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(2) Category two: gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(3) Category three: non-gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(4) Category four: temporary licenses may be granted to an applicant for a key gaming employee license until appropriate processing is completed. A temporary license will be valid for a term determined by the director.

Last updated August 13, 2025 at 10:05 AM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-2-01

(A) "Administrative Procedure Act" means Chapter 119. of the Revised Code, and all amendments thereto.

(B) "Associated equipment" means hardware and software that is utilized in connection with the video lottery, but does not include telecommunication facilities and equipment of a public utility.

(C) "Capital Investment" means costs related to demolition, engineering, architecture, design, site preparation, construction, infrastructure improvements, land acquisitions, furniture, fixtures, equipment, insurance related to construction, capitalized interest and other financing costs, leasehold improvements, video lottery terminal acquisition and related technology, surveillance and security equipment, and such other costs as approved by the director which are usual and customary for the industry.

(D) "Commission" and "Ohio lottery commission" and "lottery" mean the state lottery commission created by the Lottery Act.

(E) "Commissioners" means a member of the commission.

(F) "Credit" means the value remaining to a video lottery participant usually denoted in units of play that may be used to continue to play video lottery games or may be redeemed for cash, or its monetary equivalent, or other prizes. Credit balances are increased by cash inserted, credit vouchers inserted, and/or video lottery prize winnings and may be increased by video lottery terminal promotional gaming credits.

(G) "Credit voucher" means a bearer instrument issued from a video lottery terminal for redemption of credit in accordance with the Lottery Act and the commission's rules and regulations.

(H) "Director" means the executive director of the state lottery appointed in accordance with the Lottery Act.

(I) "Electronic display" means the presentation of elements of video lottery games including but not limited to prize determination which are visible on a video lottery terminal and which may include but are not limited to mechanical spinning reels and/or video displays.

(J) "Game" means a lottery game offered by the state lottery for sale to the public.

(K) "Gaming employee" means any employee employed in the operation of a facility whose duties primarily involve the maintenance or operation of gaming activity or equipment or who comes in contact with gaming related cash, tokens, credit vouchers, vouchers, or other financial instruments or who performs security and surveillance activities, but who are not key gaming employees.

(L) "Institutional investor" means any of the following entities: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, any association engaged, as a substantial part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity fund, or any trust in respect of which a bank is trustee or cotrustee, investment company registered under the "Investment Company Act of 1940," 15 U.S.C. 80a-1, collective investment trust organized by banks under "Part Nine of the Rules of the Comptroller of the Currency," closed-end investment trust, chartered or licensed life insurance company or property and casualty insurance company, investment advisor registered under the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1, and such other persons as the commission may reasonably determine to qualify as an institutional investor for reasons consistent with this chapter.

(M) "Key gaming employee" includes managers, supervisors or other employees who have authority to develop or administer policy, long-range plans, or to make discretionary decisions regulating gaming operations and managers, supervisors or other employees responsible for major areas of the property, even if no gaming is conducted in the area.

(N) "Licensing fee" means the fee to be paid by an applicant that is approved for a video lottery license which will be in an amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code.

(O) "Lottery Act" means Chapter 3770. of the Revised Code, and all amendments thereto.

(P) "Lottery fund" means the various lottery funds established in section 3770.06 of the Revised Code.

(Q) "Non-Gaming Employee" means any person who works for a video lottery sales agent, whose duties do not involve the maintenance or operation of gaming activity or equipment or who does not come in contact with gaming related cash, tokens, credit vouchers, or other financial instruments or who does not perform security and surveillance activities, and who is not a key gaming employee.

(R) "Permit holder" means an entity authorized by the state racing commission to conduct one or more horse racing meetings under Chapter 3769. of the Revised Code.

(S) "Person" means any person, persons, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, hedge fund, mutual fund, private equity fund, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements established by rule or order of the commission.

(T) "Settlement date" means each date specified by the director on which video lottery sales agents are to settle their transactions through deposits in accordance with procedures established by the director.

(U) "Technology provider" means a video lottery terminal manufacturer, distributor or provider who contracts with video lottery sales agents A technology provider also means an independent test lab licensed by the lottery.

(V) "Ticket" means a lottery ticket issued by the state lottery for sale to the public.

(W) "Unclaimed credit vouchers" means credit vouchers for cash or its monetary equivalent not redeemed within the redemption period set forth in rule 3770:2-7-02 of the Administrative Code.

(X) "United States gaming jurisdiction" or "Another United States gaming jurisdiction" as used in this chapter will mean the gaming jurisdiction of any state and will include the Ohio casino control commission and the Ohio state racing commission.

(Y) "Value" means the United States monetary equivalent.

(Z) "Video lottery terminal promotional gaming credit" means a video lottery terminal game credit, discount, or other similar item issued to a patron to enable the placement of, or increase in, a wager at a video lottery terminal.

(AA) "Video lottery" means the operation of video lottery games through the use of video lottery terminals, central monitoring systems, control systems, communications processes and/or associated equipment and activities connected and/or associated therewith.

(BB) "Video lottery applicant" means a person who is a permit holder or who has applied to be a permit holder and who applies for a video lottery license in accordance with the Lottery Act and division 3770:2 of the Administrative Code.

(CC) "Video lottery central monitoring system" means a system that may be operated by or under the control of the lottery commission for the purpose of providing the following functions relating to the sale of video lottery games: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the lottery commission.

(DD) "Video lottery central system provider" means the person that contracts with the lottery commission to provide the video lottery central system and its component parts and equipment and activities connected and/or associated therewith.

(EE) "Video lottery game" means any game authorized by the commission that is played on a video lottery terminal.

(FF) "Video lottery participant" means an individual who is twenty-one years of age or older and who purchases a video lottery ticket.

(GG) "Video lottery principal" means (1) an officer or director of a video lottery applicant or licensee; (2) a shareholder, general partner of a partnership, individual proprietor of a proprietorship, or any other form of association, entity, organization, or group of owners, having directly or indirectly an ownership interest of five percent or more in a video lottery applicant or licensee; (3) an institutional investor as defined in paragraph (L) of this rule having an ownership interest in a video lottery applicant or licensee of five percent or more, except as otherwise provided in paragraph (A)(7) of rule 3770:2-3-01 of the Administration Code.

(HH) ""Video lottery sales agent" and/or "sales agent" is a permit holder authorized to conduct live racing in accordance with Chapter 3769. of the Revised Code, and which is licensed by the director to sell video lottery games through video lottery terminals, and who continues to be a permit holder while authorized by the director to sell video lottery games.

(II) "Video lottery ticket" means an electronic or virtual instrument to enable a video lottery participant to play a video lottery game.

(JJ) "Video lottery prize payment" means the payment, by the commission or a video lottery sales agent, of prizes won by a video lottery participant while engaged in play on a video lottery terminal.

(KK) "Video lottery winnings" means the value of credits awarded that can be redeemed for cash or other designated prizes as a result of a video lottery winning game outcome.

(LL) "Video lottery license" means the specific privilege granted to a video lottery applicant by the director to sell video lottery games.

(MM) "Video lottery terminal or VLT" means any electronic device approved by the state lottery commission that provides immediate prize determinations for participants on an electronic display that is located at a facility owned by permit holder.

(NN) "Video lottery terminal income" means credits played, minus approved video lottery terminal promotional gaming credits, minus video lottery prize awards.

Last updated October 10, 2024 at 10:27 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-02 Video lottery sales agent employee license application.

(A) Applicant age requirement. An individual who is eighteen years of age or older may apply for a key gaming employee license or a gaming employee license. An individual who is sixteen years of age or older may apply for a non-gaming employee license.

(B) Application form. Application for a license shall be made on a form approved by the director for this purpose. Without limitation, an application for a license may include the following requirements which an applicant must provide at the time of submission of the application or agree to comply with should a license be issued.

(1) An applicant must provide the applicant's legal name, address, social security number, and date of birth. Disclosure of any criminal charges or convictions must also be included in application;

(2) An applicant must provide a listing of all prior or current affiliations or employment in the gaming industry, whether operated by a government or private entity, and the dates of said affiliation or employment;

(3) An applicant must provide a listing of all prior or current affiliations or employment with a technology provider, and the dates of said affiliation or employment;

(4) An applicant must agree to submit to background checks and reviews as required by the director and comply with any process or procedure necessary to conduct and complete the required background checks and review;

(5) An applicant must agree to comply with all applicable provisions of the Lottery Act, all lottery rules, regulations, policies and directives of the commission or director relating to video lottery gaming and must agree to cooperate with the submission of any other records or documents deemed necessary by the director and to submit to any other checks or reviews deemed necessary by the director.

(C) Application updates or changes. All information required to be submitted as part of an application for a license must be updated if changes occur following the submission of an application.

Last updated April 15, 2024 at 1:31 PM

History

• Effective: July 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-03 Video lottery sales agent employee licenses; application review process.

(A) Application review. Upon receiving a proper application, the director shall determine if the applicant meets the requirements of the Lottery Act and the commission's rules and regulations pertaining to video lottery sales agent employees. The director shall consider the following:

(1) The results of the criminal, financial, or other background investigations, if any, of the applicant;

(2) Other information that the director deems relevant to a determination regarding an applicant's suitability for issuance of a license in accordance with applicable provisions of the Lottery Act, rules, regulations, policies and directives of the commission or director pertaining to video lottery gaming operations.

(B) Reciprocity. If an applicant has been licensed by another United States gaming jurisdiction, the state racing commission, or the Ohio casino control commission as a gaming employee, or other similar designation in connection with the operation of gaming, the director may, but is not required to, consider and rely upon any certifications or licenses obtained in connection with an application submitted to another United States gaming jurisdiction, the state racing commission, or the Ohio casino control commission.

Last updated April 15, 2024 at 1:31 PM

History

• Effective: January 16, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-04 Video lottery sales agent employee licenses; issuance of license.

(A) Issuance of license. If after a review of an application and consideration of any other factors deemed relevant to the issuance of a license, the director determines that an applicant has met the requirements for issuance of a license, the director may issue the applicant a license on such terms and conditions deemed appropriate, including issuance of a temporary license.

(B) License term. Except for a temporary license, a license issued by the director shall be effective for a term of three years. Both a temporary license and an employee license are subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy order or directive of the commission or director.

(C) License compliance. Upon issuance of a license, whether temporary or otherwise, a licensee shall be obligated to comply with all applicable provisions of the Lottery Act, rules, regulations, policies and directives of the commission or director and all the terms and conditions of the license agreement as set forth in the application, or any amendments or modifications thereto. Failure to comply with any and all obligations required may subject the license, whether temporary or otherwise, to suspension or revocation as set forth in rule 3770:2-4-06 of the Administrative Code, or to imposition of monetary penalties as set forth in rule 3770:2-4-07 of the Administrative Code. Issuance of a temporary license does not guarantee the issuance of a license.

Last updated April 15, 2024 at 1:31 PM

History

• Effective: January 16, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-06

(A) Suspension or revocation. A video lottery sales agent employee license may be suspended or revoked as set forth in this paragraph:

(1) Non-compliance. The director may suspend or revoke a license of a video lottery sales agent employee who is non-compliant with the Lottery Act, all rules, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director, or who does not comply with terms and conditions of the application and license.

(2) Conviction. The director may suspend or revoke a license if the licensee is convicted of any criminal violation which, as determined by the director, may negatively impact the integrity of the lottery.

(B) Right of hearing. When mandated to do so by the Administrative Procedure Act, the director will afford a hearing to a licensee affected by an order to suspend or revoke a license. Such hearings will be conducted by the director or a hearing examiner designated by the director and will comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final order by the director to suspend or revoke a license may be waived for reasons related to the public safety, convenience or trust, which require immediate action. The director, however, will continue to comply with the requirements of the Administrative Procedure Act in affording the employee a subsequent opportunity for an adjudication hearing. Nothing contained herein requires the director to afford the employer or potential employer of an applicant for a license a hearing or an opportunity to be heard on any order relating to a license.

(C) Reapplication. If a license is revoked, an individual may reapply, but any subsequent application requires submission of a new application, and accordingly, a new review and payment of a separate application fee. Such reapplication may only be submitted after any associated waiting period established by the director, if any, has expired.

Last updated October 10, 2024 at 8:37 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-07

(A) Form of application. All applications to renew a video lottery sales agent employee license need to be filed on a form approved by the director and will be subject to review and approval by the director in accordance with the Lottery Act, rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) License renewal process. Unless otherwise deemed necessary by the director, every three years, a licensee will be required to resubmit a complete application in the manner and form as required by the director, unless otherwise specified in division 3770:2 of the Administrative Code.

(C) Submission date. An application to renew a license will need to be filed no more than sixty days prior to expiration, unless submission of a late renewal application is approved by the director.

(D) Licensing renewal fee. No video lottery sales agent employee license will be renewed until a renewal licensing fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code are submitted.

(E) Penalty. Any renewal license will be subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy, order or directives adopted, promulgated or issued by the commission or the director.

Last updated May 29, 2025 at 10:39 AM

History

• Effective: May 29, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-05 Video lottery sales agent employee licenses; denial of license.

(A) Denial of license. If after a review of a video lottery sales agent employee application and consideration of any other factors deemed relevant to the efficient and proper operation of video lottery, the director determines that an applicant has not met the requirements for issuance of a video lottery sales agent employee license, the director may deny the application or may request that the application be revised and reviewed for further consideration.

(B) Grounds for refusal. In addition to the grounds for refusal to grant an applicant's request for a license in divisions (C)(1) to (C)(5), (D)(1) to (D)(3) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code, and except as provided in paragraph (C) of this rule, in the event any of the following are determined by the director, an application for a video lottery license may be denied:

(1) An applicant is affiliated with a technology provider or other vendor engaged in the operation of video lottery gaming in the state which has been determined by the director to be an unacceptable affiliation.

(2) A determination that a video lottery applicant has made a misrepresentation regarding a fact material to an application or has failed to disclose information regarding a fact material to an application.

(3) A determination that an applicant or person who will be involved in video lottery operations at the video lottery applicant's facility has been convicted of any criminal violation which as determined by the director may negatively impact the integrity of the lottery.

(C) Sealing of record. The director may require an applicant who has been convicted of any of the offenses referenced in paragraph (B) of this rule to obtain an order from a court of competent jurisdiction to have the record of such offense sealed. If such an order is not obtained during the time specified by the director, the director may refuse the application. However, if the record of an applicant contains an offense set forth in paragraph (B) of this rule which is at least ten years old, the director may disregard the offense and may license the applicant.

(D) Right to hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to an applicant for a license affected by a decision to deny an application for a video lottery sales agent employee license. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. Nothing contained herein shall require the director to afford the employer or potential employer of an applicant for a license a hearing or an opportunity to be heard on any decision relating specifically to an application for a license.

(E) Reapplication. If an application is denied, an applicant may reapply, but any subsequent application shall require submission of a new application and payment of a separate fee, and shall only be submitted after any waiting period for reapplication, if any, established by the director, has expired.

Last updated April 15, 2024 at 1:32 PM

History

• Effective: January 17, 2019
• Promulgated Under: 119.03

Chapter 3770:2-5 Technology Providers

Ohio Adm.Code 3770:2-5-01 Technology providers; licensing of independent testing.

(A) Licensing of independent test labs. The director shall establish and publish criteria and/or requirements that an interested independent test lab may be required to satisfy, submit or make available to the commission prior to consideration of licensing of independent test labs to provide certification or testing services in connection with video lottery terminals, video lottery games and/or associated equipment. One or more independent test labs may be licensed by the commission for selection by a technology provider or video lottery sales agent. Once licensed, the independent test lab shall be added to the list of licensed independent test labs which shall be published by the commission. The director may remove an independent test lab from the licensed list of independent test labs in accordance with the Ohio Administrative Procedures Act. Any required submissions shall be submitted on a form approved by the director. Such criteria or requirements may include but may not be limited to:

(1) An interested independent test lab may be required to provide the commission with access to its facility or facilities for inspection and review by the commission.

(2) An interested independent test lab may be required to agree that its video lottery principals, employees or other persons affiliated with the independent test lab will submit to background checks as required by the director. The results of any required background checks may be a factor in determining whether an independent test lab is eligible to provide certification services in connection with video lottery terminals, video lottery games and/or associated equipment.

(3) Payment of costs, if any, associated with a request to the commission to be licensed as an independent test lab to provide certification services in connection with video lottery terminals, video lottery games and/or associated equipment.

(4) Experience in testing video lottery terminals, video lottery games or substantially similar gaming systems and/or associated equipment.

(5) Submission of evidence of any certifications, accreditations or proof of compliance with industry standards as required by the director.

(6) Submission of proof that the independent test lab is not owned or controlled by, or has any interest in, a video lottery terminal manufacturer, distributor or provider or video lottery sales agent, or any other lottery or gaming related entity that the director determines would an unacceptable affiliation.

(7) An agreement by the independent test lab to indemnify and hold the Ohio lottery commission harmless from acts or omissions of the independent test lab.

(B) Selection of approved independent test lab. A technology provider or video lottery sales agent may only utilize those test labs that are licensed and are included on the then current list of licensed independent test labs. The director may determine that the technology provider or video lottery sales agent is required to utilize more than one independent test lab to provide testing and certification services..

(C) Certification. Prior to operation by the public at a video lottery sales agent's facility, all video lottery terminals that are purchased, leased or otherwise acquired from a video lottery technology provider licensee, all video lottery games and all associated equipment shall be certified by an independent test lab licensed by the director to provide testing and certification. In the event that there are modifications or updates to the software or hardware associated with a video lottery terminal, video lottery game or associated equipment, notification to the commission must be provided by the technology provider and/or a video lottery sales agent, and if required by the director, recertification of all or part of the software or hardware for that video lottery terminal, video lottery game or associated equipment will be required prior to continued operation by the public of that video lottery terminal. The director may authorize, without a requirement of recertification, disablement of a feature of the software or hardware for a video lottery terminal, video lottery game or associated equipment that has been modified or updated if certain features are not features available to the public. Testing, certification and recertification of video lottery terminals, video lottery games and associated equipment shall be conducted and provided in accordance with specifications and/or criteria approved by the director. The director may, but is not required to, establish standards for transfer of test results or certifications performed by an independent test lab in another gaming jurisdiction for a video lottery terminal, video lottery game and/or associated equipment being proposed for approval by the director and/or commission, as applicable. All test results must be submitted to the director by the licensed independent test lab.

(D) Prohibition. A licensed test lab may not be licensed by the lottery as a technology provider to manufacture, distribute, provide, maintain and/or repair video lottery terminals acquired by a video lottery sales agent.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-02 Technology providers licenses; application.

(A) Application for a technology provider license. A video lottery terminal manufacturer, distributor or provider application for a technology provider license shall be submitted in accordance with procedures and/or conditions set by the director and shall be made on a form approved by the director. At a minimum, and without limitation, an application for a technology provider license shall include the following requirements which a video lottery terminal manufacturer, distributor, or provider must provide at the time of submission of the application or agree to comply with should a technology provider license be issued.

(1) An applicant must submit its legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) An applicant must submit to the commission an application fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code;

(3) An applicant must submit proof that it is registered to do business in Ohio, and shall provide the name and contact information for the principal contact for its business in Ohio;

(4) For the period of time established or required by the director, a technology provider applicant must provide a listing of any and all gaming licenses, registrations or certifications obtained by the applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(5) If and as required by the director, an applicant must agree to submit to a full background check and review of the applicant or its video lottery principals, or any other persons affiliated with the applicant or licensee who the director determines should be required to submit to a background check. Individual licenses may be required of persons affiliated with the applicant or licensee who the director determines should be required to hold an individual license. Individual licenses would be required to be obtained in accordance with applicable provisions of the Administrative Code;

(6) If required by the director, an applicant must submit a signed indemnification agreement in a form approved by the director;

(7) Prior to operation of video lottery terminals, video lottery games and/or associated equipment, the applicant must agree that the video lottery terminals, video lottery games and/or associated equipment will have obtained the required certifications and/or tests from an independent test lab that is licensed and included on the then current list of Ohio lottery commission licensed independent test labs;

(8) An applicant must agree that, it will provide test video lottery terminals and video lottery games to the video lottery central monitoring system provider with no additional costs to the lottery; and

(9) A video lottery applicant must agree to allow the lottery and its designated agents access to its hardware and software, facilities and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director.

(B) Amendments by the applicant prior to issuance. All information required to be submitted as part of an application for a technology provider license pursuant to Chapter 3770:2-5 of the Administrative Code must be updated or supplemented if updates or changes occur prior to issuance of a license. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-03 Technology providers licenses; application review process.

(A) Application review process. Upon receiving an application, the director shall review the application to determine if the applicant meets the requirements of the Lottery Act and the commission's rules and regulations pertaining to video lottery. The following factors may be considered during the application review process for determining whether an application for a technology provider license shall be granted or denied.

(1) The financial responsibility and security of the applicant, including the extent to which an applicant has demonstrated its ability to manufacturer, distribute or provide video lottery terminals and/or video lottery games;

(2) The results of any background checks;

(3) Whether an applicant has failed to comply with a commission rule, regulation, policy, directive or order;

(4) Whether an applicant has failed to comply with another jurisdiction's lottery or gaming laws, rules, regulations, policies directives or orders;

(5) Whether the applicant or persons who will be involved in the applicant's business is affiliated with a technology provider or video lottery sales agent to be engaged in the operation of video lottery in the state, and if so affiliated, the nature of the affiliation;

(6) The extent to which the applicant has cooperated with the commission in the application process including but not limited to cooperation with criminal and financial background checks and reviews;

(7) Any other information that the director deems relevant to a determination regarding the applicant's ability to offer video lottery games for sale in accordance with the Lottery Act, rules, regulations, policies, directives and orders adopted, promulgated or issued by the commission or the director pertaining to video lottery gaming operations.

(B) Consideration of certification and/or licensure from other jurisdictions. If an applicant has been certified and/or licensed by another state lottery for the operation of video lottery, or another United States gaming jurisdiction, the director may, but is not required to, consider and rely upon any such certification and/or licensure.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-04 Technology providers licenses; issuance of license.

(A) Issuance of license. If after a review of an application and consideration of factors deemed relevant to the efficient and proper administration of video lottery, and provided that the director determines that an applicant has met the requirements for issuance of a technology provider license, the director may license an applicant as a technology provider on such terms and conditions, and for such length of time, deemed appropriate, including issuance of a temporary license.

(B) Licensing fee. No technology provider license shall be issued until any required licensing fee is submitted in the amount set forth in rules promulgated by the commission under Chapter 3770:2-11 of the Administrative Code.

(C) Non-transferability of license. A technology provider license is not transferable. If ownership or majority control of the technology provider changes, unless the director determines that a new application is not required, the new owner may apply to the director for a license pursuant to applicable rules and regulations.

(D) Approval of video lottery games and terminals. Video lottery games provided by or sold by and video lottery terminals provided by or sold by a technology provider licensee to a licensed video lottery sales agent must be approved by the director, commission or commissioners, as applicable.

(E) Authority to sell. A technology provider license, once issued, authorizes the sale of video lottery games and video lottery terminals to licensed video lottery sales agents to be installed and operated in accordance with application provisions of the Lottery Act, all rules regulations, policies and directives of the commission or director.

(F) Compliance with the Lottery Act. Upon issuance of a technology provider license, a licensee shall be obligated to comply with the applicable provisions of the Lottery Act, all rules, regulations, policies and directives of the commission or director and all terms and conditions of the license as set forth in the application, or any amendments or modifications thereto. Failure to comply with any and all obligations required of a licensee may subject the license to suspension or revocation as set forth in rule 3770:2-5-06 of the Administrative Code, or to imposition of monetary penalties as set forth in rule 3770:2-5-07 of the Administrative Code. A temporary license, if issued, does not guarantee the issuance of a technology provider license and may be suspended or revoked at any time and for any reason without further notice and opportunity to be heard.

(G) Number of licenses. There shall be no limit on the number of technology provider licenses issued.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-06

(A) Suspension or revocation. A technology provider license may be suspended or revoked as set forth in this rule:

(1) Non-compliance. The director may suspend or revoke a license of a technology provider who does not comply with the Lottery Act, all rules, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director, or any state of federal law, including but not limited to the following:

(a) Failure to pay any required licensing fee;

(b) Failure to maintain any required surety bond, dedicated non-revocable letter of credit, or other form of credit authorized or required by the director;

(c) Failure to maintain any insurance, coverage and/or bonds required by the director;

(d) Making a false statement, omission, or misrepresentation of a material fact in connection with a technology provider application for, or renewal of, a license, in any reports or to any person in connection with a lottery transaction or investigation;

(e) Failure to maintain adequate and sufficient security for video lottery terminals or video lottery games provided in the state;

(f) Providing or participating in the installation of a video lottery game that has not been approved by the director or commission, as applicable;

(g) Providing or participating in the installation of devices for the sale of video lottery at a facility not approved for a video lottery license or providing or participating in the installation of devices for the sale of video lottery at a facility approved for a video lottery license other than video lottery terminals authorized and approved by the director for use in connection with video lottery;

(h) Failure to provide any required notice or failure to obtain any required approval prior to relocation or transportation of a video lottery terminal;

(i) Acting in a manner that impacts or has the likelihood of impacting the efficient operation or integrity of video lottery; and

(j) Failure to adhere to all the terms and conditions as set forth in the licensing agreement, including any amendments or modifications thereto.

(2) The director may suspend or revoke a technology provider license if any person who the director has determined should be subjected to a criminal background check is convicted of any of the offenses set forth in divisions (C)(1) to (C)(3), (C)(5), (E)(1), or (E)(2) of section 3770.05 of the Revised Code, or any other criminal violation, which as determined by the director, may negatively impact the integrity of the lottery.

(3) The director may suspend or revoke a license if, at any time after issuance of a technology provider license, the director determines that a licensee no longer meets the requirements and standards for issuance of a video lottery license as set forth in the Lottery Act, commission rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) Fines. Any suspension or revocation under this section may be in addition to or in lieu of the imposition of a fine under rule 3770:2-5-07 of the Administrative Code.

(C) Right to hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a licensee affected by an order to suspend or revoke a license. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend or revoke a license may be waived under circumstances for reasons related to the public safety, convenience or trust which require immediate action. Further, as necessary for reasons related to public safety, convenience or trust which require immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the licensee a subsequent opportunity for an adjudication hearing.

(D) Re-application. If a technology provider's license is revoked, a technology provider may reapply, but any subsequent application shall require submission of a new application and payment of a separate application fee and licensing fee, as applicable, and shall only be submitted after any waiting period for reapplication, if any, established by the director, has expired.

Last updated March 5, 2024 at 1:51 PM

History

• Effective: March 28, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-07

(A) Monetary fines. As determined by the director, monetary fines may be imposed upon a technology provider licensee who does not comply with the Lottery Act, all rules, regulations, terms and conditions, policies, orders and directives adopted, promulgated or issued by the commission or the director which may include but may not be limited to a determination that a video lottery sales agent has failed to comply with or violated any provisions set forth in paragraphs (A)(1) to (A)(3) of rule 3770:2-5-06 of the Administrative Code.

(B) Suspension or revocation.. Any fines under this section may be in addition to or in lieu of a suspension or revocation under rule 3770:2-5-06 of the Administrative Code.

(C) Schedule of fines. The director may establish a schedule of fines that may be imposed pursuant to the authority set forth herein. Said schedule, and any amendments or revisions thereto, shall be approved by the director and made available to video lottery sales agents prior to imposition of monetary fines hereunder. Nothing contained on a fine schedule established by the director for technology provider licensees shall mandate imposition of a fine, but in the event that fines are imposed, the technology provider fine schedule in effect at the time of the event leading to a determination that a fine shall be imposed, shall be applicable.

(D) Right to hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to a technology provider licensee affected by an order imposing a fine. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director to suspend or revoke a technology provider license may be waived under circumstances for reasons related to the public safety, convenience or trust which require immediate action. Further, as necessary for reasons related to public safety, convenience or trust which require immediate action, the director may order the immediate and indefinite disabling of all or a portion of the video lottery operations and/or removal of video lottery equipment at a video lottery sales agent's video lottery facility. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the technology provider licensee a subsequent opportunity for an adjudication hearing.

Last updated March 5, 2024 at 1:51 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-05 Technology providers licenses; denial of license.

(A) Denial of license. If after a review of a technology provider application and consideration of any other factors deemed relevant to the efficient and proper operation of video lottery, the director determines that an applicant has not met the requirements for issuance of a technology provider license, the director may deny the application, or may request that the application be revised and reviewed for further consideration.

(B) Grounds for refusal. In addition to the grounds for refusal to grant an applicant's request for a license in divisions (C)(1) to (C)(5), (D)(1) to (D)(3) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code, and except as provided in paragraph (C) of this rule, in the event any of the following are determined by the director, an application for a technology provider license may be denied:

(1) A determination that an applicant or persons who will be involved in video lottery operations in the state is known to be affiliated with a video lottery sales agent or independent test lab licensed to provide testing services in the state which has been determined by the director to be an unacceptable affiliation and an applicant or a person who will be involved in video lottery in the state has refused to divest itself of the affiliation with the video lottery sales agent or independent test lab.

(2) A determination that an applicant has made a misrepresentation regarding a fact material to an application or has failed to disclose information regarding a fact material to an application.

(3) A determination that an applicant or person who will be involved in video lottery operations in the state has been convicted of any other criminal violation which as determined by the director may negatively impact the integrity of the lottery.

(C) Sealing of record. The director may require an applicant, or any of its principals or any person who the director has determined should be subjected to a criminal background check that have been convicted of any of the offenses set forth in divisions (C)(1) to (C)(5) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code to obtain an order from a court of competent jurisdiction to have the record of such offense sealed. If such an order is not obtained during the time specified by the director, the director may deny the video lottery application. If the record of an applicant, or any of its video lottery principals or any person who the director has determined should be subjected to a criminal background check reveals an offense listed in divisions (C)(1) to (C)(5) and (E)(1) to (E)(2) of section 3770.05 of the Revised Code which is at least ten years old, the director may disregard the offense and may license the applicant.

(D) Right to hearing. When required to do so by the Administrative Procedure Act, the director shall afford a hearing to an applicant affected by a decision to deny an application for a technology provider license. Such hearings shall be conducted by the director or a hearing examiner designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act.

(E) Reapplication. If an application is denied, an applicant may reapply, but any subsequent application shall require submission of a new application and payment of a separate application fee and licensing fee, as applicable, and shall only be submitted after any waiting period for reapplication, if any established by the director, has expired.

Last updated March 5, 2024 at 1:47 PM

History

• Effective: January 17, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-08 Technology providers licenses; renewal.

(A) Form of application. All applications to renew a technology provider license must be filed on a form approved by the director and shall be subject to review and approval by the director in accordance with the Lottery Act, rules, regulations, policies, orders and directives adopted, promulgated or issued by the commission or the director.

(B) License renewal process. Unless otherwise deemed necessary by the director, annually the license renewal process shall consist of a certification by the licensee that there have been no changes to any information provided in connection with the licensee's application, renewal applications or any other supplements thereto. Every five years, a licensee shall be required to resubmit a complete application in the manner and form as required by the director, if not otherwise specified in division 3770:2 of the Administrative Code.

(C) Submission date. An application to renew a license must be filed on or before dates established by the director for submission of renewal applications, unless submission of a late renewal application is approved by the director.

(D) Licensing renewal fee. No technology provider license shall be renewed until a renewal licensing fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code are submitted.

(E) Penalty. Any renewal license shall be subject to suspension, modification, revocation or fine as required by the Lottery Act, rule, regulation, policy order or directives adopted, promulgated or issued by the commission or the director.

Last updated March 5, 2024 at 1:51 PM

History

• Effective: November 10, 2012
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-09 Technology providers licenses; records; audits and inspection.

(A) Examination of records. The lottery and the auditor of the state may at any time examine, inspect, test or access for any purposes all records, files, equipment and other documents, including but not limited to electronic, paper and computer records, files and other documents, video lottery terminals, and hardware and software used in connection with video lottery whether kept or maintained by the licensee, its affiliated companies, employees, representatives and/or other entity assisting the video lottery terminal manufacturer, distributor or provider licensee in the operation of video lottery in the state. Video lottery technology provider licensees shall ensure that such equipment, records, files and other document are regularly maintained and up to date.

(B) Inspection of facilities. A technology provider licensee shall allow inspections of the video lottery terminals or facilities at which a video lottery terminal manufacturer, distributor or provider licensee stores video lottery terminals at any time as authorized by the director. The inspection may be made without prior notice to the video lottery terminal manufacturer, distributor or provider licensee.

Last updated March 5, 2024 at 1:51 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Chapter 3770:2-6 Gaming Operations

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

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

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

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

Last updated August 13, 2025 at 10:05 AM

History

• Effective: March 30, 2012
• Promulgated Under: 119.03

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

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

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

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

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

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

Last updated August 13, 2025 at 10:05 AM

History

• Effective: December 28, 2017
• Promulgated Under: 119.03

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

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

(1) The security and surveillance plan shall be submitted prior to commencement of video lottery at the video lottery sales agent's facility, and shall be updated annually.

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

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

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

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

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

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

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

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

Last updated August 13, 2025 at 10:05 AM

History

• Effective: December 28, 2017
• Promulgated Under: 119.03

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

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

(A) Transportation of video lottery terminals. Five days prior to transportation of a video lottery terminal within the state, the video lottery sales agent and/or technology providers shall provide notification to the director. Notification shall be provided in a manner determined by the director to be acceptable. Waiver of the notification requirement may be requested in the case of unexpected or emergency shipments.

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

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

(D) Storage. Any video lottery terminals not in use, must be stored in a secured area approved by the director.

Last updated August 13, 2025 at 10:06 AM

History

• Effective: December 28, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-01

(A) Licensing of independent test labs. The director shall establish and publish criteria and/or requirements that an interested independent test lab may be required to satisfy, submit or make available to the commission prior to consideration of licensing of independent test labs to provide certification or testing services in connection with video lottery terminals, video lottery games and/or associated equipment. One or more independent test labs may be licensed by the commission for selection by a technology provider or video lottery sales agent. Once licensed, the independent test lab shall be added to the list of licensed independent test labs which shall be published by the commission. The director may remove an independent test lab from the licensed list of independent test labs in accordance with the Ohio Administrative Procedures Act. Any required submissions shall be submitted on a form approved by the director. Such criteria or requirements may include but may not be limited to:

(1) An interested independent test lab may be required to provide the commission with access to its facility or facilities for inspection and review by the commission.

(2) An interested independent test lab may be required to agree that its video lottery principals, employees or other persons affiliated with the independent test lab will submit to background checks as required by the director. The results of any required background checks may be a factor in determining whether an independent test lab is eligible to provide certification services in connection with video lottery terminals, video lottery games and/or associated equipment.

(3) Payment of costs, if any, associated with a request to the commission to be licensed as an independent test lab to provide certification services in connection with video lottery terminals, video lottery games and/or associated equipment.

(4) Experience in testing video lottery terminals, video lottery games or substantially similar gaming systems and/or associated equipment.

(5) Submission of evidence of any certifications, accreditations or proof of compliance with industry standards as required by the director.

(6) Submission of proof that the independent test lab is not owned or controlled by, or has any interest in, a video lottery terminal manufacturer, distributor or provider or video lottery sales agent, or any other lottery or gaming related entity that the director determines would an unacceptable affiliation.

(7) An agreement by the independent test lab to indemnify and hold the Ohio lottery commission harmless from acts or omissions of the independent test lab.

(B) Selection of approved independent test lab. A technology provider or video lottery sales agent may only utilize those test labs that are licensed and are included on the then current list of licensed independent test labs. The director may determine that the technology provider or video lottery sales agent is required to utilize more than one independent test lab to provide testing and certification services..

(C) Certification. Prior to operation by the public at a video lottery sales agent's facility, all video lottery terminals that are purchased, leased or otherwise acquired from a video lottery technology provider licensee, all video lottery games and all associated equipment shall be certified by an independent test lab licensed by the director to provide testing and certification. In the event that there are modifications or updates to the software or hardware associated with a video lottery terminal, video lottery game or associated equipment, notification to the commission must be provided by the technology provider and/or a video lottery sales agent, and if required by the director, recertification of all or part of the software or hardware for that video lottery terminal, video lottery game or associated equipment will be required prior to continued operation by the public of that video lottery terminal. The director may authorize, without a requirement of recertification, disablement of a feature of the software or hardware for a video lottery terminal, video lottery game or associated equipment that has been modified or updated if certain features are not features available to the public. Testing, certification and recertification of video lottery terminals, video lottery games and associated equipment shall be conducted and provided in accordance with specifications and/or criteria approved by the director. The director may, but is not required to, establish standards for transfer of test results or certifications performed by an independent test lab in another gaming jurisdiction for a video lottery terminal, video lottery game and/or associated equipment being proposed for approval by the director and/or commission, as applicable. All test results must be submitted to the director by the licensed independent test lab.

(D) Prohibition. A licensed test lab may not be licensed by the lottery as a technology provider to manufacture, distribute, provide, maintain and/or repair video lottery terminals acquired by a video lottery sales agent.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

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

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

Last updated August 13, 2025 at 10:06 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Chapter 3770:2-7 Game Requirements

Ohio Adm.Code 3770:2-7-01 Video lottery game requirements; video lottery game play.

(A) Video lottery games may be played by and video lottery prize payments may be paid to video lottery participants. In the event that an individual under twenty-one years of age plays a video lottery game, the play of the game is voidable and the individual under twenty-one years of age forfeits all credits.

(B) The following persons may not play video lottery games or claim, redeem or attempt to claim or redeem credit vouchers, video lottery prize winnings and/or video lottery prize payments won from video lottery games played within the state:

(1) An officer or employee of the state lottery commission, any officer or employee of the auditor of the state, if the employee of the auditor of the state is involved in any manner in activities pertaining to lottery, or any blood relative or spouse of such an officer or employee of the commission or auditor of state living as a member of the officer's or employee's household;

(2) Any video lottery principal of a technology provider involved in any manner in video lottery in the state and any employee of a technology provider involved in any manner in video lottery in the state, or any blood relative or spouse of such video lottery principal or employee living as a member of the video lottery principal's or employee's household.

(C) Wagers may be placed using currency, credit vouchers, replays of credits awarded, value credits or any form of card which contains credit for play on a video lottery terminal.

(D) The minimum wager for each video lottery ticket may be one cent and the maximum wager paid for each video lottery ticket shall be established for each video lottery game by the director or commission in accordance with commission rules.

(E) Each video lottery terminal shall display the amount wagered and the amount awarded for each possible winning occurrence based on the amount or credits wagered.

(F) Each video lottery terminal shall provide a method for video lottery participants to view the payout tables for the video game or video lottery games offered on the video lottery terminal being played.

(G) Video lottery games offered by video lottery sales agents on the video lottery terminals in their facilities must be approved by the director and/or the commission.

(H) Video lottery sales agents may be authorized pursuant to rules promulgated by the commission under division 3770:2 of the Administrative Code to offer tournament play to video lottery participants.

Last updated August 13, 2025 at 10:06 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-7-02 Video lottery game requirements; video lottery prize payments.

(A) Within one hundred eighty days of issuance of a credit voucher, a credit voucher must be redeemed for cash, or the monetary equivalent of cash, or other prizes by a video lottery participant at the facility where the credit voucher was issued, or if specified by the director, at the offices of the lottery commission, or other locations as authorized by the director.

(B) In connection with video lottery gaming prize winnings, credit vouchers, and/or video lottery prize payments, video lottery sales agents and video lottery participants winning video lottery prize winnings, redeeming credit vouchers or being paid video lottery prize payments shall comply with all applicable laws regarding withholding of taxes, debts, and obligations and reporting requirements. Compliance with the applicable laws may include, but may not be limited to, submission, by a video lottery participant, of name, address, date of birth and social security number, to the director and/or a video lottery sales agent, prior to issuance of a credit voucher or prior to redemption of a credit voucher. A video lottery participant's submission of name, address, date of birth and social security number shall include authorization to the director and/or a video lottery sales agent to use said information for verification of debts or obligations owed and/or reporting requirements. By participating in video lottery games and/or by submitting a claim to be paid a video lottery prize payment, a video lottery participant consents, agrees and authorizes access to and use of information submitted in connection with a video lottery prize payment claim for all necessary purposes under the Lottery Act by the director, its authorized representatives and agents, and video lottery sales agents.

(C) After any required withholding, unless otherwise specified by the director, payment and/or redemption of a valid credit voucher shall be made by the video lottery sales agent at the facility where the credit voucher was issued.

(1) A credit voucher shall be deemed to be valid provided that:

(a) It is presented on paper or other media approved by the director;

(b) It contains all information necessary to process payment of the credit voucher and all such information is legible;

(c) It is not mutilated, altered, tampered with, or otherwise illegible;

(d) It has not previously been paid;

(e) It meets all other rules, regulations, policies, and directives adopted, promulgated or issued by the commission or director regarding valid video lottery game play and credit vouchers.

(2) In the event that the video lottery sales agent or director makes a determination that a credit voucher is not subject to payment, the video lottery participant presenting the credit voucher may submit a written request, on a form approved by the director, or the director's designee, for a reconstruction of the credit voucher by the video lottery sales agent or director and a written determination of the video lottery sales agent's or director's decision regarding the invalidity of the credit voucher. In regard to any such request submitted to a video lottery sales agent, the director shall be provided a copy of all such requests and shall be provided with a copy of the video lottery sales agent's written determination.

(3) The director shall have final authority to honor or declare a credit voucher void. If a credit voucher is declared void by the director, there shall be no further liability to redeem or issue payment in connection with the voided credit voucher.

(D) The state and the commission and its directors, commissioners, and employees shall be discharged of any and all liability upon payment of a video lottery prize including, but not limited to, redemption and payment of a credit voucher.

(E) The state and the commission and its directors, commissioners, and employees shall be discharged of any and all liability associated with a misplaced, stolen, lost, or otherwise missing credit voucher.

Last updated August 13, 2025 at 10:06 AM

History

• Effective: March 30, 2012
• Promulgated Under: 119.03

Chapter 3770:2-8 Responsible Gaming

Ohio Adm.Code 3770:2-8-01 Definition, scope and purpose of the Ohio voluntary exclusion program.

(A) As used in agency 3770 of the Administrative Code, the following words have the following meanings, unless the context clearly indicates otherwise:

(1) "Excluded entity" means all video lottery terminal facilities, as authorized in section 3770.21 of the Revised Code; all casino facilities, as defined in section 3772.01 of the Revised Code; and all sports gaming conducted by sports gaming proprietors, as defined in section 3775.01 of the Revised Code and the rules adopted thereunder.

(2) "Excluded facilities" means all video lottery terminal facilities, as authorized in section 3770.21 of the Revised Code; all casino facilities, as defined in section 3772.01 of the Revised Code and; all sports gaming facilities, and type C proprietors as defined in section 3775.01 of the Revised Code.

(3) "Ohio voluntary exclusion program" or "Ohio VEP" means the combined voluntary exclusion program, consisting of the Ohio lottery commission voluntary exclusion program, created pursuant to section 3770.03 of the Revised Code; Ohio casino control commission voluntary exclusion program, created pursuant to section 3772.03 of the Revised Code; and the sports gaming voluntary exclusion program, created pursuant to section 3775.02 of the Revised Code.

(4) "Ohio VEP application" means a prescribed contract that an individual must complete and agree to in order to participate in the Ohio VEP.

(B) The purpose of this rule is to help curtail disordered and problem gambling in the state of Ohio by creating the Ohio VEP.

(C) Participants in the Ohio VEP agree to exclude themselves from both excluded facilities and excluded entities, as further enumerated in this chapter and the associated Ohio VEP application.

(D) Except as described in rule 3770:2-8-07 of the Administrative Code, no person will be able to voluntarily exclude themselves from only certain aspects or portions of the Ohio VEP.

(E) Nothing in this rule will prohibit participants in the Ohio VEP from entering an excluded facility for the purpose of carrying out the duties of their employment. Any such individual must submit notification of their employment in accordance with the procedure described on a prescribed form.

(F) The Ohio lottery commission or Ohio casino control commission, in consultation with each other, may disclose anonymized information from the Ohio VEP and any legacy voluntary exclusion programs described in rule 3772-12-07 of the Administrative Code to one or more research entities selected by the Ohio casino control commission for the purpose of evaluating the effectiveness and ensuring the proper administration of the Ohio VEP.

(G) This rule is to be read in tandem with rule 3770-12-01 of the Administrative Code.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-07

(A) This rule applies only to those individuals who submitted their application to join the Ohio VEP between March 1, 2019 and September 25, 2022, and have not yet sought removal from the applicable program.

(B) The individuals who submitted their application to join the Ohio VEP prior to the effective date of this rule may continue their participation and voluntary exclusion from only the four casino facilities and seven video lottery terminal facilities in the state of Ohio.

(C) The application for voluntary exclusion signed by the individual at the time of enrollment governs their participation. These individuals may submit an Ohio VEP application, pursuant to rule 3770:2-8-02 of the Administrative Code. The individual's selected length of exclusion on this application will supersede their previously selected length of exclusion and will expand to all excluded entities and facilities.

(D) Notwithstanding any rules to the contrary, or the terms of the applicable application to join the voluntary exclusion program, those individuals who selected the lifetime exclusion are permitted to seek removal from the Ohio VEP if they comply with the requirements set forth in paragraph (D) of rule 3770:2-8-05 of the Administrative Code.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3772-12-07

(A) This rule applies only to those individuals who submitted their application to join the Ohio casino control commission's voluntary exclusion program prior to March 1, 2019, and those individuals who submitted their application to join the Ohio VEP prior to the effective date of this rule and have not yet sought removal from the applicable program.

(B) The individuals who submitted their application to join the Ohio casino control commission's voluntary exclusion program prior to March 1, 2019, may continue their participation and voluntary exclusion from only the four casino facilities in the state of Ohio.

(C) The individuals who submitted their application to join the Ohio VEP prior to the effective date of this rule may continue their participation and voluntary exclusion from only the four casino facilities and seven video lottery terminal facilities in the state of Ohio.

(D) The application for voluntary exclusion signed by the individual at the time of enrollment governs their participation.

(E) These individuals may submit an Ohio VEP application, pursuant to rule 3772-12-02 of the Administrative Code. The individual's selected length of exclusion on this application will supersede their previously selected length of exclusion and will expand to all excluded entities and facilities.

(F) Notwithstanding any rules to the contrary, or the terms of the applicable application to join the voluntary exclusion program, those individuals who selected the lifetime exclusion are permitted to seek removal from the voluntary exclusion program if they comply with the requirements set forth in paragraph (D) of rule 3772-12-05 of the Administrative Code.

Last updated June 17, 2024 at 10:45 AM

History

• Effective: December 21, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-02 Application to participate in the Ohio voluntary exclusion program.

(A) Ohio VEP applications will be available for completion at all Ohio video lottery terminal facilities, casino facilities, and the online Ohio VEP portal. If an individual is unable to appear in person at any of these facilities to complete an application and unable to utilize the online portal, the individual may contact staff from the Ohio lottery commission or the Ohio casino control commission during regular business hours to make alternative arrangements to complete the application.

(B) No application will be accepted if it is not completed in the presence of either commission's staff or through the online Ohio VEP portal.

(C) As part of the Ohio VEP application, the individual will select the duration of their participation in the Ohio VEP. An individual may select any of the following time periods as a length of exclusion:

(1) A minimum of one year;

(2) A minimum of five years; or

(3) Lifetime exclusion subject to paragraph (C) of rule 3770:2-8-05 of the Administrative Code.

(D) If an individual completing the Ohio VEP application, in the presence of an Ohio lottery commission investigator or Ohio casino control commission agent, appears to be doing so involuntarily or while impaired, their application will be rejected.

(E) After an individual's Ohio VEP application has been processed, delivery of written confirmation of their participation in the Ohio VEP will be attempted. Failure of delivery of the notification does not negate the individual's participation in the Ohio VEP.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-05

(A) A participant enrolled in the Ohio VEP will remain enrolled, even after the program applicable exclusion period, identified in paragragh (C) of rule 3770:2-8-05 of the Administrative Code.

(B) Upon reaching the selected minimum length of voluntary exclusion, an individual may request removal from the Ohio VEP.

(C) An individual may be removed from the one-year or five-year exclusion list by requesting and completing an unaltered application for removal.

(D) An individual may be removed from the lifetime exclusion list, if the individual has:

(1) Remained in the Ohio VEP for at least five years;

(2) Completed the Ohio VEP education program on problem gambling awareness; and

(3) Requested and completed an unaltered application for removal.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-03 Responsibilities of voluntarily excluded individuals.

(A) Participants in the Ohio VEP agree to abide by all terms listed in the Ohio VEP application, including refraining from entering an excluded facility or engaging in or attempting to engage in gaming offered by an excluded entity.

(B) Except as provided in paragraph (C) of this rule, participants who violate the terms of the Ohio VEP at a video lottery gaming facility or a type C sports gaming facility, agree to surrender to the Ohio lottery commission any money or thing of value the individual has converted or attempted to convert into a wagering instrument and any prize won, claimed, or attempted to be claimed.

(1) Seized assets at a casino facility will be deposited into the state problem gambling and addictions fund

(2) Seized assets at a video lottery terminal facility will be deposited to the Ohio lottery commission for the sole use of problem gambling prevention and treatment.

(3) Seized assets from a type C sports gaming proprietor's system will be deposited to the Ohio lottery commission for the sole use of problem gambling prevention and treatment.

(C) Participants in the Ohio VEP must agree to forfeit all points, complimentaries, or promotional credits earned by the individual on or before the date the individual completed their Ohio VEP application. However, if at the time the individual completed the Ohio VEP application, the individual has placed a wager where the outcome is unknown or undecided; or is owed a cash amount from an excluded entity or facility, the individual still has the right to receive the amount owed, including the amount due as a result of any pending wager winning, being voided, or otherwise being canceled from the entity or facility, even after placement on the voluntary exclusion program. No sports gaming wager that is currently pending at the time of a participant's enrollment in the Ohio VEP may be voided or cancelled by either party solely due to that participant's enrollment. To the extent that promotional credits, complimentaries, or points described above may be redeemed for cash under the entity's or facility's marketing program, the individual is entitled to receive that amount.

(D) A voluntarily excluded individual who violates the terms of the Ohio VEP by entering any of the excluded facilities may be subject to criminal prosecution.

(E) The individual will remain a participant in the Ohio VEP for at least the minimum duration of exclusion selected by the individual before requesting to be removed subject to rule 3770:2-8-05 of the Administrative Code.

(F) An Ohio VEP participant may request to increase the duration of participation in the program at any time.

Last updated March 24, 2025 at 10:17 AM

History

• Effective: March 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-04 Responsibilities of excluded facilities and excluded entities under the jurisdiction of the Ohio lottery commission.

(A) This rule applies only to excluded facilities and excluded entities in their capacity as either a video lottery sales agent or type C sports gaming proprietor under the jurisdiction of the Ohio lottery commission.

(B) Each excluded facility will maintain a system for indicating whether an individual is in the Ohio VEP and will have approved procedures to update that system with changes in the enrollment status of these individuals at least once every seven days.

(C) Each excluded entity will have approved procedures to download and maintain the list of Ohio VEP participants at least once every seven days.

(D) Video lottery sales agents will immediately notify Ohio lottery commission staff if an Ohio VEP participant is found on the premises.

(E) Within seventy-two hours of an Ohio VEP participant being found at an excluded facility or submitting a sports gaming claim to an excluded entity will provide to the Ohio lottery commission, in writing, the following:

(1) The individual's name;

(2) The individual's date of birth;

(3) The circumstances of the individual's violation or attempted violation of the Ohio VEP;

(4) The individual's gaming activity, if any; and

(5) The amount of any prize won, claimed, or attempted to be claimed including, but not limited to jackpots, credits, vouchers and/or sports betting tickets/vouchers.

(F) Nothing in this rule mandates an excluded facility to notify the Ohio lottery commission of an individual found on premises who was on property solely for purposes of:

(1) Seeking removal from the Ohio VEP; or

(2) Claiming payments owed to the participant.

(G) Each excluded facility and excluded entity will comply with the Ohio lottery commission's operating standards to reports on Ohio VEP participants who violated the terms of the Ohio VEP contained in Chapters 3770:2-8 and 3772-12 of the Administrative Code.

(H) Any amounts of money or things of value reported in paragraph (E)(5) of this rule will be remitted to the Ohio lottery commission in accordance with financial processing procedures. Each excluded entity will notify an Ohio lottery commission employee if an Ohio VEP participant attempts to claim a prize that is reportable to the IRS. Any amounts of money will be remitted to the Ohio lottery commission in accordance with financial processing procedures.

(I) Nothing in this chapter will preclude an excluded facility, an excluded entity, or its employees and agents from seeking payment of a debt from an Ohio vep participant if the debt was accrued prior to the individual's participation in the Ohio VEP program.

(J) No sports gaming wager that is currently pending at the time of a participant's enrollment in the Ohio vep may be voided or canceled by either party solely due to that participant's enrollment.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-8-06 Responsible gambling plan.

(A) Each video lottery facility and type C sports gaming proprietor shall comply with the Ohio lottery commission's operating standards and provide a responsible gambling plan, which includes the Ohio VEP procedures subject to approval of the director.

Last updated September 26, 2022 at 8:43 AM

History

• Effective: September 25, 2022
• Promulgated Under: 119.03

Chapter 3770:2-9 Severability

Ohio Adm.Code 3770:2-9-01 Severability.

The rules and paragraphs of rules set forth in division 3770:2 of the Administrative Code shall be deemed severable. In the event that a rule or paragraph of a rule set forth in division 3770:2 of the Administrative Code is deemed to be invalid in any way, any decision or other order or directive determining that a particular rule or paragraph of a rule is invalid shall only invalidate that specific rule or paragraph of a rule and all other rules and paragraphs of rules shall remain in full force and effect.

Last updated September 9, 2025 at 11:16 AM

History

• Effective: October 28, 2010
• Promulgated Under: 119.03

Chapter 3770:2-10 Video Lottery Game Rules

Ohio Adm.Code 3770:2-10-60 Game rule number sixty.

(A) Title and term. Ohio lottery commission game rule number sixty, "General video lottery game rule," and the individual video lottery games offered and operated pursuant to the authority of this general video lottery game rule shall be conducted at such times and for such periods as the commission may determine.

(B) General design.

(1) Game rule number sixty is a video lottery game rule under which video lottery games may be offered to video lottery participants as authorized under Chapter 3770. of the Revised Code and division 3770:2 of the Administrative Code.

(2) Each video lottery game offered and operated pursuant to the authority of this general video lottery game rule shall only be played on a video lottery terminal certified in accordance with procedures for certification of video lottery terminals promulgated under division 3770:2 of the Administrative Code.

(3) Video lottery games shall provide for announcement of an immediate video lottery prize winnings. However, video lottery games shall generally be known as "online games" rather than "instant games."

(4) Video lottery prize winnings shall be determined by a random number generator certified by the director and operated in a manner approved by the director

(5) Video lottery games may consist of single or multiple screens or levels with randomly generated outcomes and may consist of but may not be limited to number or symbol match styles, spinning reels, cast objects and/or card games and which may include progressive jackpot features.

(C) Price of video lottery tickets. The wager amount for a video lottery ticket may be in the minimum amount of one cent. The maximum price of a video lottery ticket shall be established for each video lottery game by the director and shall be subject to approval through a resolution of five commissioners present at a meeting of the commission.

(D) Prize structure. The value of video lottery prize winnings and the number and type of different video lottery prize winning combinations available for each video lottery game shall be established by the director and shall be subject to approval through a resolution of five commissioners present at a meeting of the commission prior to the video lottery game being available to a video lottery sales agent for sale to video lottery participants. No resolution shall be approved unless there is a projected average return to video lottery participants of eighty-five per cent or more during the expected lifetime of the video lottery game using standard methods of probability theory.

(1) The value of the video lottery prize winnings shall be displayed on the video lottery terminal.

(2) The video lottery prize winning combination for a valid wager shall be displayed on the video lottery terminal.

(E) Video lottery prize payment. Upon presentation of a valid credit voucher for payment of a video lottery prize payment, payment shall be paid to the video lottery participant by the video lottery sales agent at the same facility from which the valid credit voucher was issued, or, as approved or required by the commission, at an Ohio lottery commission office, or other locations as authorized by the director. Video lottery prize payments are subject to all applicable tax and other required withholdings.

(F) Frequency and period of video lottery game play. Video lottery games offered may be played by a video lottery participant, provided that video lottery games may only be played during the established hours of operation for video lottery.

(G) Validity of video lottery game play.

(1) It shall be the sole responsibility of the video lottery participant to verify the accuracy of the video lottery game play. Once a video lottery participant has initiated game play on a video lottery terminal, the wager may not be canceled.

(2) All video lottery game play is subject to validation requirements, test and/or procedures established by the lottery, including but not limited to validation by the video lottery central monitoring system.

(3) Notwithstanding the information displayed on a video lottery terminal, a video lottery prize payment shall not be due and payable to a video lottery participant until such time as a valid credit voucher is generated for and presented by a video lottery participant for payment.

(4) In addition to, but not in limitation of, all other power or authority conferred on the director or the commission by commission rules, the director may declare a video lottery ticket, the play of a video lottery game, a video lottery credit voucher, or any other aspect of video gaming void if stolen, not played or issued in accordance with commission rules; if it is illegible, altered, mutilated, or counterfeit; or if the video lottery terminal on which a video lottery game was played or a credit voucher fails any validation tests or procedures established by the director. The lottery shall have no liability for video lottery tickets, video lottery game play, credit voucher or any other aspect of video lottery gaming declared by the director to be void.

(5) The lottery shall have no liability for errors in connection with video lottery in any respect, including but not limited to errors on the display or on the printing of a credit voucher.

(H) Director's conduct of video lottery games under game rule sixty.

(1) The director shall offer and operate video lottery games and promotions associated herewith under the authority of this general video lottery game rule in a manner consistent with the lottery act, the rules of the commission, including without limitation this rule, any resolution of the commissioners adopted under this rule.

(2) Names and definitions of elements of game rule number sixty used in this rule are considered generic terms used solely for the purpose of this rule, and more than one video lottery game may be offered by the commission or a video lottery agent, if authorized by the director or commission, under the authority of this rule. In actual operation, game rule number sixty, the name of each individual video lottery game offered under the authority of game rule sixty, and these elements may be given names or titles chosen by the director or commission.

Last updated August 17, 2026 at 10:11 AM

History

• Effective: September 29, 2016
• Promulgated Under: 119.03

Chapter 3770:2-11 Licensing Fees

Ohio Adm.Code 3770:2-11-01 Licensing fees.

(A) Authority. The director will collect licensing fees for the licenses issued to video lottery sales agents, gaming employees, or technology providers as set forth in these rules.

(B) Video lottery sales agent licensing fee. An entity submitting an initial application for a video lottery sales agent license as described in rule 3770:2-3-01 of the Administrative Code will pay the license fee of fifty million dollars according to the following schedule:

(1) Ten million dollars payable with the submission of a completed initial application;

(2) Fifteen million dollars payable with the commencement of video lottery terminal sales at a facility;

(3) Twenty-five million dollars payable one year following commencement of video lottery terminal sales;

(4) In the event that an application is rejected or withdrawn, or the state of Ohio suspends or terminates the video lottery terminal program prior to commencement of video lottery terminal sales, the initial licensing fee payment of ten million dollars will be refunded minus any actual costs expended by the Lottery for investigation and processing of the license application, not to exceed two hundred fifty thousand dollars. Any licensing fees, or portion thereof, may be refunded for any other reason deemed appropriate by the director.

(C) Gaming employee licensing fee. An individual will submit an application for a gaming employee license as described in rule 3770:2-4-01 of the Administrative Code for which the director will collect fees sufficient to complete the background review. The categories are described in rule 3770:2-4-01 of the Administrative Code as follows:

(1) An application for a category one "Key Gaming Employee" license will be accompanied by a licensing fee of two hundred fifty dollars.

(2) An application for a category two "Gaming Employee" license will be accompanied by a licensing fee of one hundred dollars.

(3) A category three "Non-Gaming Employee" will not be licensed by the Lottery. If necessary, the Non-Gaming Employee will submit an application and fees in accordance with the rules and regulations of the state racing commission as described in rule 3769-2-18 -of the Administrative Code.

(4) A category four "Temporary Employee" will not pay a temporary licensing fee.

(D) Technology provider licensing fee. An entity submitting an application for a technology provider license as described in rule 3770:2-5-02 of the Administrative Code will pay a license fee of two thousand five hundred dollars.

(E) Technology provider individual license fee. An individual submitting an application for a technology provider license as described in paragraph (A)(5) of rule 3770:2-5-02 of the Administrative Code will pay a license fee of one hundred dollars.

Last updated February 24, 2025 at 9:04 AM

History

• Effective: February 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-3-01

(A) Application for a video lottery license will be submitted in accordance with procedures and conditions set by the director and will be made on a form approved by the director. At a minimum, and without limitation, an application for a video lottery license will require compliance with licensing requirements for a lottery sales agent under section 3770.05 of the Revised Code and Chapter 3770-2 of the Administrative Code, and will include the following requirements, which a video lottery applicant must provide at the time of submission of the application or agree to comply with should a video lottery license be issued.

(1) A video lottery applicant will need to submit the video lottery applicant's legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) A video lottery applicant will need to submit to the commission a licensing fee, if applicable, in the amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code;

(3) A video lottery applicant will need to submit proof, in a form required by the director, that the video lottery applicant is a permit holder or has applied to be a permit holder. If more than one permit holder conducted horseracing meetings at a track during the previous year, the permit holders will designate, by a written agreement, to be submitted prior to issuance of a video lottery license, one permit holder to be the actual video lottery sales agent in the event a video lottery license is issued;

(4) A video lottery applicant will need to submit, in a form acceptable to the director, its proposed business plan for video lottery at its facility, which may mandate the inclusion of documents relating to an applicant's borrowing or financing of video lottery operations including but not limited to the payment of licensing fees. A business plan may be deemed a trade secret under division (D) of section 1333.61 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(5) A video lottery applicant will need to agree to provide, in a form and by a date acceptable to the director, its proposed security and surveillance plan, including proposed standard operating procedures, for approval by the director or director's designee. A security and surveillance plan may be deemed an infrastructure record and/or security record as set forth in section 149.433 of the Revised Code and therefore may not be subject to disclosure under section 149.43 of the Revised Code;

(6) For the period of time established or mandated by the director, a video lottery applicant will provide a listing of any and all gaming licenses, registrations or certifications obtained by the video lottery applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(7) If mandated by the director, a video lottery applicant will agree to submit to background checks and reviews of the video lottery applicant, or the applicant's principals, or any other persons affiliated with the video lottery applicant or video lottery sales agent, who the director determines is subject to a criminal or financial background check. Background checks and reviews for institutional investors who are the video lottery applicant's principals may be required as deemed necessary by the director;

(a) The director may determine that an institutional investor having an ownership interest in a video lottery applicant or licensee, directly or indirectly, of five per cent to fifteen per cent is not a video lottery principal as defined in paragraph (GG) of rule 3770:2-2-01 of the Administrative Code if the institutional investor submits to the director documentation sufficient to establish qualifications as an institutional investor and certifies in writing, all of the following:

(i) The institutional investor owns, holds, or controls publicly traded securities issued by an applicant or licensee or holding, intermediate, or parent company of an applicant or licensee in the ordinary course of business for investment purposes only.

(ii) The institutional investor does not exercise influence over the affairs of the issuer of such securities nor over an licensed subsidiary of the issuer of such securities.

(iii) The institutional investor does not intend to exercise influence over the affairs of the issuer of such securities, nor over any licensed subsidiary of the issuer of such securities, in the future, and that it agrees to notify the director in writing within thirty days if such intent changes. The exercise of voting privileges with regard to publicly traded securities will not be deemed to constitute the exercise of influence over the affairs of a licensee.

(b) The director may rescind the determination that an institutional investor is not a video lottery principal under this paragraph at any time if the institutional investor exercises or intends to exercise influence or control over the affairs of the applicant or licensee.

(c) This paragraph will not be construed to preclude the director from requiring background checks and conducting reviews if the director becomes aware of facts or information that may result in the institutional investor being considered a video lottery principal.

(8) Within the time specified by the director, a video lottery applicant will need to, in a form acceptable to the director, obtain a dedicated non-revocable letter of credit, a surety bond, financial guarantee or other alternative form of credit approved by the director in an amount determined by the director. In addition, the director may mandate a video lottery applicant to submit evidence of the ability to obtain general liability insurance, workers compensation coverage, property insurance in amounts mandated by the director, and any other insurance or bonds deemed necessary by the director;

(9) If required by the director, a video lottery applicant will submit a signed indemnification agreement in a form approved by the director;

(10) An applicant will agree to provide, at times requested by the lottery, a written schedule that lists the installed cost of all fixtures and equipment supplied or to be supplied in connection with video lottery conducted at the video lottery sales agent's facility approved for video lottery sales;

(11) A video lottery applicant will need to agree that video lottery terminals will be located at the premises of the permit holder licensed by the racing commission to conduct live horse racing for profit at a racing meeting;

(12) A video lottery applicant will need to agree to purchase or lease, maintain and timely repair video lottery terminals, and a video lottery applicant will agree that video lottery terminals will only be purchased or leased from a technology provider licensed by the director;

(13) A video lottery applicant will need to agree to provide for a clearly identifiable separation between the video lottery area and the racing wagering area;

(14) An applicant will need to agree to make, maintain and repair necessary capital improvements for facilities at which video lottery terminals are located in accordance with standards and timetables set forth by the director;

(15) A video lottery applicant will agree that any hardware or software installed to facilitate redemption of credit vouchers will be the video lottery sales agent's responsibility;

(16) A video lottery applicant will need to agree to be responsible for the costs associated with providing technology providers and other personnel designated by the director, sufficient space, as determined by the director, at the facility, where video lottery terminals are located, to allow technology providers and other personnel designated by the director to store equipment and conduct service, repairs and maintenance of video lottery terminals, video lottery central monitoring system and peripherals associated therewith necessary to ensure continued operation of the video lottery central monitoring system and video lottery terminals;

(17) A video lottery applicant will need to agree to timely report to the director, or the director's designee, any malfunction of the video lottery terminals or associated equipment, or failures of the technology providers to promptly service, repair or deliver video lottery terminals when such malfunctions or failures are reported to, made known to or observed by a video lottery sales agent;

(18) A video lottery applicant will need to agree to allow the lottery and its designated agents access to the video lottery facility and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director;

(19) A video lottery applicant will need to agree that all funds due to the lottery will be transferred to the lottery by electronic fund transfer, or other method as approved by the director on the days and times set forth in the schedule or schedules issued by the director; and

(20) A video lottery applicant is mandated to agree that payments of video lottery winnings to video lottery participants, and required withholdings, if applicable, will be handled in accordance with procedures as approved by the director.

(B) As deemed necessary by the director, the director may amend the application and mandate video lottery applicants and/or video lottery sales agents to supplement or complete an amended application. Further, all information required to be submitted as part of an application for a video lottery license pursuant to division 3770:2 of the Administrative Code will be updated or supplemented if updates or changes occur following the submission of an application. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Last updated September 29, 2025 at 8:05 AM

History

• Effective: September 29, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-4-01

(A) Video lottery sales agent employees will be required to obtain a license prior to being involved in any video lottery gaming licensed activity.

(B) Any individual who holds a license may perform the duties and responsibilities of any position within that category.

(C) Identification. A licensed employee will have a photo taken for identification purposes and shall produce the appropriate and necessary identification, within a reasonable time, when required to do so.

(D) Categories of employee licenses:

(1) Category one: key gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(2) Category two: gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(3) Category three: non-gaming employees as defined in rule 3770:2-2-01 of the Administrative Code.

(4) Category four: temporary licenses may be granted to an applicant for a key gaming employee license until appropriate processing is completed. A temporary license will be valid for a term determined by the director.

Last updated August 13, 2025 at 10:05 AM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 3769-2-18

(A) Applications for licenses or reciprocal validations will be made on a form prepared by the commission. The form will be available on request and when submitted, fully completed, will be accompanied by the required fee as stipulated in rule 3769-2-24 of the Administrative Code. No one will be employed in any capacity unless they have been licensed. Each license, unless revoked or suspended for cause, is for the period of one year from January first through December thirty-first of the year in which the license was issued; except that, the commission may, through the state steward or judge, cause a temporary license to be issued which will be valid for entering and racing pending administrative processing and final action by the commission on such license application. In no event will any temporary license be considered valid later than thirty days after its issuance.

During the racing season, all applications have to be submitted to the steward or judge for approval, except that all employees of the permit holder and concessions have to have their applications approved by their department head prior to submittal to the steward or judge. When approved by the stewards or judges and signed by at least one of them, the application will be forwarded to the commission representative for licensing. If the stewards or judges reject or table any applications, they will report these actions to the commission.

(1) All applications for licenses will carry the full name and permanent address of the applicant with street or rural route number and zip code. No temporary address of any kind will be acceptable, unless the applicant affirms that they have no permanent address.

(2) If a licensee changes their address or telephone number at any time during the licensing year, it is the licensee's responsibility to notify the Ohio state racing commission of any change within fifteen days of the change.

(3) If a licensee has any pending criminal charges or convictions at any time during the licensing year, it is the licensee's responsibility to notify the Ohio state racing commission of these charges and/or convictions, and to produce any requested documents within fifteen days of the charges or conviction.

(B) A corporation, association, partnership or a trust when it files an application for a license will also provide the following:

(1) A list of all officers, directors and stockholders or partners (both general and limited) with their names, addresses and occupations. If the stock is publicly traded, then only the names, addresses and occupations of the officers, directors and owners of ten per cent or more of the stock need be given;

(2) Any other pertinent information requested by the commission. If any other corporation or partnership owns ten per cent or more of the licensee, it will file the same information. If the licensee is a concessionaire of the permit holder, it will file a copy of its current lease or concession agreement.

Last updated June 16, 2025 at 10:39 AM

History

• Effective: June 15, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-5-02

(A) Application for a technology provider license. A video lottery terminal manufacturer, distributor or provider application for a technology provider license shall be submitted in accordance with procedures and/or conditions set by the director and shall be made on a form approved by the director. At a minimum, and without limitation, an application for a technology provider license shall include the following requirements which a video lottery terminal manufacturer, distributor, or provider must provide at the time of submission of the application or agree to comply with should a technology provider license be issued.

(1) An applicant must submit its legal name, form of entity, the names, addresses, employer identification numbers or social security numbers (if applicable) and dates of birth (as applicable) of its video lottery principals. Disclosure of any criminal charges or convictions of all individuals or entities whose names must be provided must also be included in the application;

(2) An applicant must submit to the commission an application fee in the amount set forth in rules promulgated by the commission under division 3770:2-11 of the Administrative Code;

(3) An applicant must submit proof that it is registered to do business in Ohio, and shall provide the name and contact information for the principal contact for its business in Ohio;

(4) For the period of time established or required by the director, a technology provider applicant must provide a listing of any and all gaming licenses, registrations or certifications obtained by the applicant, including the type of license, registration, or certification, date of issuance, date of suspension, termination, expiration or cancellation, if suspended, terminated, expired or cancelled, and the reason for suspension, termination, expiration or cancellation, and the date of assessment, imposition or payment of any penalties or fines;

(5) If and as required by the director, an applicant must agree to submit to a full background check and review of the applicant or its video lottery principals, or any other persons affiliated with the applicant or licensee who the director determines should be required to submit to a background check. Individual licenses may be required of persons affiliated with the applicant or licensee who the director determines should be required to hold an individual license. Individual licenses would be required to be obtained in accordance with applicable provisions of the Administrative Code;

(6) If required by the director, an applicant must submit a signed indemnification agreement in a form approved by the director;

(7) Prior to operation of video lottery terminals, video lottery games and/or associated equipment, the applicant must agree that the video lottery terminals, video lottery games and/or associated equipment will have obtained the required certifications and/or tests from an independent test lab that is licensed and included on the then current list of Ohio lottery commission licensed independent test labs;

(8) An applicant must agree that, it will provide test video lottery terminals and video lottery games to the video lottery central monitoring system provider with no additional costs to the lottery; and

(9) A video lottery applicant must agree to allow the lottery and its designated agents access to its hardware and software, facilities and records for audits authorized under section 3770.06 of the Revised Code and for any other purposes deemed necessary by the director.

(B) Amendments by the applicant prior to issuance. All information required to be submitted as part of an application for a technology provider license pursuant to Chapter 3770:2-5 of the Administrative Code must be updated or supplemented if updates or changes occur prior to issuance of a license. In the event that updated or supplemental information is required by or received by the lottery, the director maintains discretion to suspend, revoke or reconsider an application or otherwise modify the conditions of the issuance of a license. In the event that the director takes action in connection with any updated or supplemental information received by the lottery, the director will adhere to required notices and procedures regarding any suspensions, revocation, reconsideration or modification of an application or the issuance of a license.

Last updated March 5, 2024 at 1:46 PM

History

• Effective: December 29, 2011
• Promulgated Under: 119.03

Chapter 3770:2-12 Facility Requirements

Ohio Adm.Code 3770:2-12-01 Facility requirements.

(A) Capital investment plan. A master facility plan will be submitted for review and approval by the racing commission and the director of the lottery. The plan will propose capital investments totaling a minimum of one hundred fifty million dollars in categories as defined in paragraph (C) of rule 3770:2-2-01 of the Administrative Code.

(1) Up to twenty-five million dollars of the capital investment may be allocated for existing land and facilities.

(2) Capital investments made in a temporary facility which becomes part of the permanent master facility plan may be considered for inclusion in the minimum capital investment requirement.

(B) Schedule. The capital investment will need to be completed within three years from issuance of a license.

(C) Reporting. The video lottery sales agent will provide status reports in a format and according to a schedule established by the racing commission and the lottery director. The video lottery sales agent will maintain supporting records detailing actual expenditures and will make those records available for inspection.

(D) Facility requirements. A permit holder who has been licensed as a video lottery sales agent will submit a facility plan which will need to meet the following requirements.

(1) The facility design will comply with applicable building and safety codes. If not already accessible, renovated and new facilities should meet the requirements of the Americans with Disabilities Act.

(2) The facility plan will include:

(a) Computer space for the central monitoring and control system

(b) A dedicated office for use by the lottery that is located adjacent to the gaming floor and equipped with work space, telephones, and access to office supplies and equipment.

(c) Security and surveillance systems approved by the director as described in rule 3770-2-06 of the Administrative Code including an area for the detention of individuals taken into custody by any law enforcement agent that has jurisdiction over the facility.

(d) A gaming floor plan detailing the placement of video lottery terminals, self-serve cashing equipment and automated teller machines.

(e) A restricted access plan noting placement of the cashiers' cage; computer rooms; count room; video lottery terminal storage and repair; surveillance room; vault and armored car bay; and any other restricted areas.

(f) Identification of space dedicated exclusively to simulcasting and pari-mutuel operations.

(g) Identification of improvements to live racing facilities including the racetrack; grandstand; barn and stable areas;

(h) All other components set forth in Chapter 3769. of the Revised Code or any administrative rules promulgated in furtherance thereof.

(E) Temporary facility requirements.

(1) A video lottery sales agent may submit a proposal for review and approval of the racing commission and the director to operate at a temporary facility.

(2) The temporary facility will comply with the requirements set forth in paragraph (G) of this rule.

(3) A video lottery sales agent may request a deviation from the facility plan requirements in writing for consideration and approval by the director and the state racing commission. No deviation may be undertaken without the express approval of the director and the state racing commission.

(4) The minimum capital investment in a temporary facility will total five million exclusive of the cost of acquisition of video lottery terminals.

(F) Facility relocation. A permit holder may submit to the state racing commission a proposal for the relocation of a facility which will contain a facility plan meeting the requirements set forth in this rule.

(G) Relocation costs. If the state racing commission approves a temporary facility, the permit holder will be responsible for all costs associated with the transition from a temporary facility to a permanent facility including the cost of relocating the central monitoring system and components

Last updated October 10, 2024 at 10:30 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 3770:2-2-01

(A) "Administrative Procedure Act" means Chapter 119. of the Revised Code, and all amendments thereto.

(B) "Associated equipment" means hardware and software that is utilized in connection with the video lottery, but does not include telecommunication facilities and equipment of a public utility.

(C) "Capital Investment" means costs related to demolition, engineering, architecture, design, site preparation, construction, infrastructure improvements, land acquisitions, furniture, fixtures, equipment, insurance related to construction, capitalized interest and other financing costs, leasehold improvements, video lottery terminal acquisition and related technology, surveillance and security equipment, and such other costs as approved by the director which are usual and customary for the industry.

(D) "Commission" and "Ohio lottery commission" and "lottery" mean the state lottery commission created by the Lottery Act.

(E) "Commissioners" means a member of the commission.

(F) "Credit" means the value remaining to a video lottery participant usually denoted in units of play that may be used to continue to play video lottery games or may be redeemed for cash, or its monetary equivalent, or other prizes. Credit balances are increased by cash inserted, credit vouchers inserted, and/or video lottery prize winnings and may be increased by video lottery terminal promotional gaming credits.

(G) "Credit voucher" means a bearer instrument issued from a video lottery terminal for redemption of credit in accordance with the Lottery Act and the commission's rules and regulations.

(H) "Director" means the executive director of the state lottery appointed in accordance with the Lottery Act.

(I) "Electronic display" means the presentation of elements of video lottery games including but not limited to prize determination which are visible on a video lottery terminal and which may include but are not limited to mechanical spinning reels and/or video displays.

(J) "Game" means a lottery game offered by the state lottery for sale to the public.

(K) "Gaming employee" means any employee employed in the operation of a facility whose duties primarily involve the maintenance or operation of gaming activity or equipment or who comes in contact with gaming related cash, tokens, credit vouchers, vouchers, or other financial instruments or who performs security and surveillance activities, but who are not key gaming employees.

(L) "Institutional investor" means any of the following entities: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, any association engaged, as a substantial part of its business or operations, in purchasing or holding securities, including a hedge fund, mutual fund, or private equity fund, or any trust in respect of which a bank is trustee or cotrustee, investment company registered under the "Investment Company Act of 1940," 15 U.S.C. 80a-1, collective investment trust organized by banks under "Part Nine of the Rules of the Comptroller of the Currency," closed-end investment trust, chartered or licensed life insurance company or property and casualty insurance company, investment advisor registered under the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1, and such other persons as the commission may reasonably determine to qualify as an institutional investor for reasons consistent with this chapter.

(M) "Key gaming employee" includes managers, supervisors or other employees who have authority to develop or administer policy, long-range plans, or to make discretionary decisions regulating gaming operations and managers, supervisors or other employees responsible for major areas of the property, even if no gaming is conducted in the area.

(N) "Licensing fee" means the fee to be paid by an applicant that is approved for a video lottery license which will be in an amount set forth in rules promulgated by the commission under division 3770:2 of the Administrative Code.

(O) "Lottery Act" means Chapter 3770. of the Revised Code, and all amendments thereto.

(P) "Lottery fund" means the various lottery funds established in section 3770.06 of the Revised Code.

(Q) "Non-Gaming Employee" means any person who works for a video lottery sales agent, whose duties do not involve the maintenance or operation of gaming activity or equipment or who does not come in contact with gaming related cash, tokens, credit vouchers, or other financial instruments or who does not perform security and surveillance activities, and who is not a key gaming employee.

(R) "Permit holder" means an entity authorized by the state racing commission to conduct one or more horse racing meetings under Chapter 3769. of the Revised Code.

(S) "Person" means any person, persons, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, hedge fund, mutual fund, private equity fund, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements established by rule or order of the commission.

(T) "Settlement date" means each date specified by the director on which video lottery sales agents are to settle their transactions through deposits in accordance with procedures established by the director.

(U) "Technology provider" means a video lottery terminal manufacturer, distributor or provider who contracts with video lottery sales agents A technology provider also means an independent test lab licensed by the lottery.

(V) "Ticket" means a lottery ticket issued by the state lottery for sale to the public.

(W) "Unclaimed credit vouchers" means credit vouchers for cash or its monetary equivalent not redeemed within the redemption period set forth in rule 3770:2-7-02 of the Administrative Code.

(X) "United States gaming jurisdiction" or "Another United States gaming jurisdiction" as used in this chapter will mean the gaming jurisdiction of any state and will include the Ohio casino control commission and the Ohio state racing commission.

(Y) "Value" means the United States monetary equivalent.

(Z) "Video lottery terminal promotional gaming credit" means a video lottery terminal game credit, discount, or other similar item issued to a patron to enable the placement of, or increase in, a wager at a video lottery terminal.

(AA) "Video lottery" means the operation of video lottery games through the use of video lottery terminals, central monitoring systems, control systems, communications processes and/or associated equipment and activities connected and/or associated therewith.

(BB) "Video lottery applicant" means a person who is a permit holder or who has applied to be a permit holder and who applies for a video lottery license in accordance with the Lottery Act and division 3770:2 of the Administrative Code.

(CC) "Video lottery central monitoring system" means a system that may be operated by or under the control of the lottery commission for the purpose of providing the following functions relating to the sale of video lottery games: security, auditing, data and information retrieval, and other purposes deemed necessary and authorized by the lottery commission.

(DD) "Video lottery central system provider" means the person that contracts with the lottery commission to provide the video lottery central system and its component parts and equipment and activities connected and/or associated therewith.

(EE) "Video lottery game" means any game authorized by the commission that is played on a video lottery terminal.

(FF) "Video lottery participant" means an individual who is twenty-one years of age or older and who purchases a video lottery ticket.

(GG) "Video lottery principal" means (1) an officer or director of a video lottery applicant or licensee; (2) a shareholder, general partner of a partnership, individual proprietor of a proprietorship, or any other form of association, entity, organization, or group of owners, having directly or indirectly an ownership interest of five percent or more in a video lottery applicant or licensee; (3) an institutional investor as defined in paragraph (L) of this rule having an ownership interest in a video lottery applicant or licensee of five percent or more, except as otherwise provided in paragraph (A)(7) of rule 3770:2-3-01 of the Administration Code.

(HH) ""Video lottery sales agent" and/or "sales agent" is a permit holder authorized to conduct live racing in accordance with Chapter 3769. of the Revised Code, and which is licensed by the director to sell video lottery games through video lottery terminals, and who continues to be a permit holder while authorized by the director to sell video lottery games.

(II) "Video lottery ticket" means an electronic or virtual instrument to enable a video lottery participant to play a video lottery game.

(JJ) "Video lottery prize payment" means the payment, by the commission or a video lottery sales agent, of prizes won by a video lottery participant while engaged in play on a video lottery terminal.

(KK) "Video lottery winnings" means the value of credits awarded that can be redeemed for cash or other designated prizes as a result of a video lottery winning game outcome.

(LL) "Video lottery license" means the specific privilege granted to a video lottery applicant by the director to sell video lottery games.

(MM) "Video lottery terminal or VLT" means any electronic device approved by the state lottery commission that provides immediate prize determinations for participants on an electronic display that is located at a facility owned by permit holder.

(NN) "Video lottery terminal income" means credits played, minus approved video lottery terminal promotional gaming credits, minus video lottery prize awards.

Last updated October 10, 2024 at 10:27 AM

History

• Effective: October 10, 2024
• Promulgated Under: 119.03