This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3772-50-01 | Definitions.
Effective:
September 1, 2023
As used in this chapter, words have the following
meanings, unless the context clearly indicates otherwise: (A) "Advertisement" means any
notice or communication to the public or any information concerning a type-B or
type-C skill-based amusement machine or an applicant, licensee, or certified
independent skill-based amusement machine testing laboratory under this chapter
through broadcasting, publication, or any other means of dissemination,
including electronic dissemination. (B) "Applicant" means any
person who applies to the commission for a license under this
chapter. (C) "Card for the purchase of
gasoline" means a gift card, gift certificate, or other cash
representation that can be used solely for the purchase of gasoline. A card for
the purchase of gasoline may not be used to receive any non-gasoline
merchandise, goods, or services. (D) "Certified independent
skill-based amusement machine testing laboratory" means any independent
testing laboratory certified by the commission to test skill-based amusement
machines. Certification under section 3772.03 of the Revised Code and rule
3772-15-01 of the Administrative Code does not grant authority to test
skill-based amusement machines and equipment. (E) "Commission" means the
Ohio casino control commission. (F) "Conduct" means to back,
promote, offer, organize, manage, carry on, sponsor, or prepare for the
operation of a skill-based amusement machine. (G) "Licensee" means any
person who has been granted a license under this chapter by the
commission. (H) "Merchandise prize" has
the same meaning as in section 2915.01 of the Revised Code, but does not
include a redeemable voucher; currency, including digital currency; and gold or
silver bullion, coins, rounds, bars, or ingots. (I) "Participate in
conducting" means: (1) To have a part in or
share of backing, promoting, offering, organizing, managing, carrying on,
sponsoring, or preparing the operation of a skill-based amusement machine;
or (2) To manufacture,
distribute, sell, lease, or otherwise supply or provide skill-based amusement
machine equipment, goods, or services. (J) "Payout percentage
function" means a setting or function that inhibits the ability of a
player to achieve the result of the game or receive a merchandise prize based
upon the prior number of plays, the outcome of those plays, or the amount of
revenue generated by the machine. (K) "Person" has the same
meaning as in section 3772.01 of the Revised Code. (L) "Player" means any person
who plays a skill-based amusement machine. (M) "Redeemable voucher"
means any ticket, token, coupon, receipt, or other non-cash representation of
value. Redeemable vouchers may not be redeemed for cash or used in combination
with any gift card, cash, or the equivalent thereof to receive anything of
value. (N) "Revenue-sharing
agreement" means any contract or agreement between a skill-based
amusement machine operator and type-C skill-based amusement machine location
for the placement or operation of skill-based amusement machines in which
skill-based amusement machine revenue is divided between the
parties. (O) "Skill-based amusement
machine" has the same meaning as in section 2915.01 of the Revised Code
but does not include concession games licensed by the Ohio department of
agriculture under section 1711.11 of the Revised Code. (P) "Skill-based amusement machine location"
means any place or site in the state of Ohio at which at least one skill-based
amusement machine is operated or otherwise made available for
play. (Q) "Skill-based amusement machine operator"
means a person that provides, offers, leases, or otherwise has an ownership or
possessory interest in a skill-based amusement machine, but does not include a
skill-based amusement machine location that is not required to be licensed
under paragraph (A)(1) or (A)(2) of rule 3772-50-03 of the Administrative Code.
Any person who has any ownership or leasehold interest in a skill-based
amusement machine that is made available to a player is a skill-based amusement
machine operator. (R) "Skill-based amusement machine revenue"
means all consideration paid by any and all players to play a skill-based
amusement machine. (S) "Skill-based amusement machine tournament"
means any contest, competition, or event that has a defined starting and ending
date; is open to participants who compete to win a merchandise prize or
redeemable voucher for a merchandise prize; and utilizes a skill-based
amusement machine. (T) "Skill-based amusement machine vendor"
means a person who manufactures, distributes, sells, or otherwise provides
type-B or type-C skill-based amusement machines to a skill-based amusement
machine vendor or operator. (U) "Type-A skill-based amusement machine"
means a skill-based amusement machine that does not enable or entitle a player
to receive tickets, tokens, vouchers, coupons, merchandise, or any other thing
of value, however delivered. Points or any other score-keeping mechanism cannot
be exchanged for anything of value, at any time, including a merchandise prize
or redeemable voucher. (1) For purpose of
paragraph (V) of this rule, a type-A skill-based amusement machine may entitle
or enable a player to replay the game without additional consideration;
and (2) An unused free replay
cannot be exchanged for anything of value, at any time, including a merchandise
prize or redeemable voucher. (V) "Type-B skill-based amusement machine"
means a stand-alone, fully-enclosed skill-based amusement machine that entitles
or enables a person to receive a merchandise prize, not to exceed a wholesale
value of ten dollars, automatically and directly from the machine, and that has
the following characteristics: (1) The merchandise prize
awarded automatically and directly from the machine is not redeemable and must
constitute the sole prize available to a player; (2) The merchandise prize
is not a card for the purchase of gasoline; (3) The machine does not
employ a payout percentage function, regardless of whether the function is
turned off or on; (4) The claw, crane, or
other mechanism, which is used to receive a merchandise prize, must be capable
of being manipulated by a player to receive the merchandise prize; (5) The machine is not
capable of displaying any numbers, letters, symbols, or characters in winning
or losing combinations; and (6) The machine does not
simulate, display, or utilize rolling or spinning reels or wheels. (W) "Type-B skill-based amusement machine
operator" means any skill-based amusement machine operator of type-B
skill-based amusement machines, but not type-C skill-based amusement
machines. (X) "Type-C skill-based amusement machine"
means a skill-based amusement machine that is not a type-A skill-based
amusement machine or type-B skill-based amusement machine. (Y) "Type-C skill-based amusement machine
location" means a skill-based amusement machine location where one or
more type-C skill-based amusement machines are made available to a player. A
franchisee of a type-C skill-based amusement machine operator is a type-C
skill-based amusement machine location. (Z) "Type-C skill-based amusement machine
operator" means any skill-based amusement machine operator of one or more
type-C skill-based amusement machines.
Last updated September 1, 2023 at 8:45 AM
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Rule 3772-50-02 | Authority and purpose.
Effective:
April 23, 2018
(A) To ensure the integrity of
skill-based amusement machine gaming, the commission shall have jurisdiction
over all persons conducting or participating in the conduct of skill-based
amusement machine gaming authorized by Chapters 2915. and 3772. of the Revised
Code, including the authority to complete the functions of licensing,
regulating, investigating, and penalizing those persons in a manner that is
consistent with the commission's authority to do the same with respect to
casino gaming. (B) Pursuant to section 3772.03 of the
Revised Code, the commission may adopt, amend, or repeal such rules as it deems
necessary and proper for the successful and efficient regulation of skill-based
amusement machine gaming under Chapters 2915. and 3772. of the Revised
Code. (C) This chapter shall be construed in a
manner consistent with rule 3772-1-05 of the Administrative Code. (D) The commission may delegate its
authority under any provision of this chapter in a manner consistent with rule
3772-2-05 of the Administrative Code. (E) To ensure the integrity of
skill-based amusement machine gaming, the commission may utilize its subpoena
power in accordance with rule 3772-2-06 of the Administrative
Code.
Last updated April 28, 2023 at 10:21 AM
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Rule 3772-50-03 | General licensing requirements.
Effective:
September 1, 2023
(A) No skill-based amusement machine
operator, vendor, or location can conduct or participate in conducting
skill-based amusement machine gaming without first obtaining a license from the
commission, except: (1) A person that conducts or participates in conducting
type-A skill-based amusement machine gaming is not required to obtain a license
from the commission provided that the person does not conduct or participate in
conducting any type-B or type-C skill-based amusement machine
gaming. (2) A skill-based amusement machine location that conducts
or participates in conducting type-B skill-based amusement machine gaming is
not required to obtain a license from the commission provided that the location
does not conduct or participate in conducting any type-C skill-based amusement
machine gaming. (3) A person licensed as a type-C skill-based amusement
machine operator by the commission that conducts or participates in conducting
skill-based amusement machine gaming at a location wholly owned or operated by
the licensee is not required to be licensed as a type-C skill-based amusement
machine location by the commission. (B) A
person licensed by the commission as a type-C skill-based amusement machine
operator may conduct or participate in conducting type-A, type-B, or type-C
skill-based amusement machine gaming. (C) An incomplete application, or an application containing
false, misleading, or omitted information, is cause for administrative action
by the commission. (D) The commission may reopen a licensing investigation or
adjudication at any time. (E) The executive director may recommend to the commission
that it deny any application, or limit, condition, restrict, suspend, or revoke
any license or impose any fine upon any licensee or other person according to
this chapter. (F) No person may re-apply for a license under this chapter
for three years from the date the persons application for licensure was denied
or license was revoked by the commission. (G) All applicants and licensees must update the
commission, within thirty days of occurrence of the event, in writing, with the
following information, as applicable: (1) Changes to the name or contact information of the
applicant or licensee; (2) Changes to the state of incorporation or principal
place of business of the applicant or licensee; (3) Any bankruptcy filed by, or against, the applicant or
licensee; (4) Any civil action against the applicant or licensee
regarding skill-based amusement machine gaming, gambling, or involving
allegations of fraud or deceptive trade practices; (5) Any civil settlement or judgment to which the applicant
or licensee is a party in a federal or state court located in the state of
Ohio; (6) Any arrest, charge, conviction, plea of guilty or no
contest, or forfeited bail concerning any criminal offense in any jurisdiction,
excluding minor misdemeanor traffic offenses; (7) Any inquiry into, investigation of, or regulatory
action involving the applicant or licensee by any gaming regulatory agency or
regulatory agency that oversees skill-based amusement machine gaming, or its
equivalent, in any jurisdiction, except for routine renewal application
submissions; (8) Any rejection, denial, suspension, or revocation of any
gaming-related or skill-based amusement machine-related, or its equivalent,
application or license, and any fine, penalty, or settled amount related to any
gaming-related or skill-based amusement machine-related, or its equivalent,
application or license that has been imposed upon or agreed to by the applicant
or licensee in any jurisdiction; (9) Any rejection, denial, suspension, or revocation of any
application or license, and any fine, penalty, or settled amount related to any
application or license that has been imposed upon or agreed to by the applicant
or licensee in the state of Ohio; and (10) Any other information that would affect the licensees
or applicants suitability to maintain a license under Chapters 2915. and 3772.
of the Revised Code or this chapter, including any information sought by the
applicable application.
Last updated September 1, 2023 at 8:46 AM
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Rule 3772-50-04 | Skill-based amusement machine vendor licensure.
Effective:
September 1, 2023
(A) A person seeking a skill-based
amusement machine vendor license must apply for licensure via the state of Ohio
eLicense website at www.elicense.ohio.gov, comply with all instructions, and
pay a non-refundable five hundred dollar application fee. (B) An applicant for a skill-based
amusement machine vendor license must establish, by clear and convincing
evidence, the applicant's suitability for licensure. (C) In determining whether to grant or
maintain the privilege of a skill-based amusement machine vendor license, the
commission will evaluate each applicant and licensee in a manner consistent
with the commission's authority to do the same with respect to casino
gaming, including: (1) The reputation,
experience, and financial integrity of the applicant or licensee and the
applicant's or licensee's affiliates or affiliated
companies; (2) The reputation,
experience, and financial integrity of any person that directly or indirectly
controls or influences the decision-making of the applicant or
licensee; (3) If the applicant or
licensee has filed, or had filed against it, a proceeding for bankruptcy or has
ever been involved in any formal process to adjust, defer, suspend, or
otherwise resolve the payment of any debt; (4) If the applicant or
licensee is or has been a defendant in litigation involving the
applicant's or licensee's business practices; (5) Whether and to what
extent the applicant or licensee has associated with members of organized crime
and other persons of disreputable character; (6) The extent to which
the applicant or licensee has cooperated with the commission; (7) Whether the applicant
or licensee has provided accurate and complete information as required by the
commission or submitted false or misleading information to the
commission; (8) If the applicant or
licensee or any person that directly or indirectly controls the applicant or
licensee has been convicted of any criminal offense under the laws of any
jurisdiction, excluding minor traffic violations; (9) If the applicant or
licensee has been served with a complaint or other notice filed with any public
body regarding a payment of any tax, required under federal, state, or local
law, that has been delinquent for one or more years; (10) If the applicant or
licensee has shown a disregard of or otherwise failed to comply with the laws
and regulations of this state or any other jurisdiction; (11) If awarding or
maintaining a license would undermine the public's confidence in
skill-based amusement machine gaming in this state; and (12) The suitability of
any other material person, including owners and key executives, as determined
by the commission. (D) A skill-based amusement machine
vendor licensee must maintain its suitability at all times during the licensure
period. (E) If the commission determines that a person is suitable
to be issued a skill-based amusement machine vendor license and all other
requirements of this chapter have been met, the commission will issue a license
for not more than three years.
Last updated September 1, 2023 at 8:46 AM
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Rule 3772-50-06 | Type-B skill based amusement machine operator licensure.
Effective:
September 1, 2023
(A) A person seeking a type-B skill-based
amusement machine operator license must apply for licensure via the state of
Ohio eLicense website at www.elicense.ohio.gov, comply with all instructions,
and pay a non-refundable two hundred fifty dollar application fee. (B) An applicant for a type-B skill-based
amusement machine operator license must establish, by clear and convincing
evidence, the applicant's suitability for licensure. (C) In determining whether to grant or
maintain the privilege of a type-B skill-based amusement machine operator
license, the commission will evaluate each applicant and licensee in a manner
consistent with the commission's authority to do the same with respect to
casino gaming, including: (1) The reputation,
experience, and financial integrity of the applicant or licensee and the
applicant's or licensee's affiliates or affiliated
companies; (2) The reputation,
experience, and financial integrity of any person that directly or indirectly
controls or influences the decision-making of the applicant or
licensee; (3) If the applicant or
licensee or any person that directly or indirectly controls the applicant or
licensee has been convicted of any criminal offense under the laws of any
jurisdiction, excluding minor traffic violations; (4) Whether the applicant
or licensee has provided accurate and complete information as required by the
commission or submitted false or misleading information to the
commission; (5) The extent to which
the applicant or licensee has cooperated with the commission; (6) If the applicant or
licensee has been served with a complaint or other notice filed with any public
body regarding a payment of any tax, required under federal, state, or local
law, that has been delinquent for one or more years; (7) If the applicant or
licensee has shown a disregard of or otherwise failed to comply with the laws
and regulations of this state or any other jurisdiction; (8) If awarding or
maintaining a license would undermine the public's confidence in
skill-based amusement machine gaming in this state; and (9) The suitability of
any other material person, including owners and key executives, as determined
by the commission. (D) A type-B skill-based amusement
machine operator licensee must maintain its suitability at all times during the
licensure period. (E) If the commission determines that a person is suitable
to be issued a type-B skill-based amusement machine operator license and all
other requirements of this chapter have been met, the commission will issue a
license for not more than three years.
Last updated September 1, 2023 at 8:46 AM
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Rule 3772-50-07 | Type-C skill-based amusement machine operator licensure.
Effective:
September 1, 2023
(A) A person seeking a type-C skill-based
amusement machine operator license must apply for licensure via the state of
Ohio eLicense website at www.elicense.ohio.gov, comply with all instructions,
and pay a non-refundable five hundred dollar application fee. (B) An applicant for a type-C skill-based
amusement machine operator license must establish, by clear and convincing
evidence, the applicant's suitability for licensure. (C) In determining whether to grant or
maintain the privilege of a type-C skill-based amusement machine operator
license, the commission will evaluate each applicant and licensee in a manner
consistent with the commission's authority to do the same with respect to
casino gaming, including: (1) The reputation,
experience, and financial integrity of the applicant or licensee and the
applicant's or licensee's affiliates or affiliated
companies; (2) The reputation,
experience, and financial integrity of any person with direct or indirect
ownership interest or that directly or indirectly controls or influences the
decision-making of the applicant or licensee; (3) If the applicant or
licensee has filed, or had filed against it, a proceeding for bankruptcy or has
ever been involved in any formal process to adjust, defer, suspend, or
otherwise resolve the payment of any debt; (4) If the applicant or
licensee is or has been a defendant in litigation involving the
applicant's or licensee's business practices; (5) Whether the applicant
or licensee possesses good character, honesty, and integrity; (6) Whether and to what
extent the applicant or licensee has associated with members of organized crime
and other persons of disreputable character; (7) The extent to which
the applicant or licensee has cooperated with the commission; (8) Whether the applicant
or licensee has provided accurate and complete information as required by the
commission or submitted false or misleading information to the
commission; (9) If the applicant or
licensee or any person that directly or indirectly controls the applicant or
licensee has been convicted of any criminal offense under the laws of any
jurisdiction, excluding minor traffic violations; (10) If the applicant or
licensee has been served with a complaint or other notice filed with any public
body regarding a payment of any tax, required under federal, state, or local
law, that has been delinquent for one or more years; (11) If the applicant or
licensee has shown a disregard of or otherwise failed to comply with the laws
and regulations of this state or any other jurisdiction; (12) If awarding or
maintaining a license would undermine the public's confidence in
skill-based amusement machine gaming in this state; and (13) The suitability of
any other material person, including owners and key executives, as determined
by the commission. (D) A type-C skill-based amusement
machine operator licensee must maintain its suitability at all times during the
licensure period. (E) If the commission determines that a person is suitable
to be issued a type-C skill-based amusement machine operator license and all
other requirements of this chapter have been met, the commission shall issue a
license for not more than three years.
Last updated September 1, 2023 at 8:47 AM
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Rule 3772-50-08 | Type-C skill-based amusement machine location licensure.
Effective:
September 1, 2023
(A) Except as provided in paragraph (G)
of this rule, a person seeking a type-C skill-based amusement machine location
license must apply for licensure via the state of Ohio eLicense website at
www.elicense.ohio.gov, comply with all instructions, and pay a non-refundable
fifty dollar application fee. (B) An applicant for a type-C skill-based
amusement machine location license must establish, by clear and convincing
evidence, the applicant's suitability for licensure. (C) In determining whether to grant or
maintain the privilege of a type-C skill-based amusement machine location
license, the commission will evaluate each applicant and licensee in a manner
consistent with the commission's authority to do the same with respect to
casino gaming, including: (1) The reputation,
experience, and financial integrity of the applicant or licensee and the
applicant's or licensee's affiliates or affiliated
companies; (2) The reputation,
experience, and financial integrity of any person that directly or indirectly
controls or influences the decision-making of the applicant or
licensee; (3) If the applicant or
licensee or any person that directly or indirectly controls the applicant or
licensee has been convicted of any criminal offense under the laws of any
jurisdiction, excluding minor traffic violations; (4) Whether the applicant
or licensee has provided accurate and complete information as required by the
commission or submitted false or misleading information to the
commission; (5) If the applicant or
licensee has been served with a complaint or other notice filed with any public
body regarding a payment of any tax, required under federal, state or local
law, that has been delinquent for one or more years; (6) The extent to which
the applicant or licensee has cooperated with the commission; (7) If the applicant or
licensee has shown a disregard of or otherwise failed to comply with the laws
and regulations of this state or any other jurisdiction; (8) If awarding or
maintaining a license would undermine the public's confidence in
skill-based amusement machine gaming in this state; and (9) The suitability of
any other material person, including owners and key executives, as determined
by the commission. (D) A type-C skill-based amusement
machine location licensee must maintain its suitability at all times during the
licensure period. (E) If the commission determines that a person is suitable
to be issued a type-C skill-based amusement machine location license and all
other requirements of this chapter have been met, the commission will issue a
license for not more than three years. (F) If a type-C skill-based amusement machine location is
licensed as a type-C skill-based amusement machine operator, the type-C
skill-based amusement machine location is not required to pay the application
fee described in paragraph (A) of this rule or the license fee described in
paragraph (E) of this rule.
Last updated September 1, 2023 at 8:47 AM
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Rule 3772-50-10 | Waivers and variances.
Effective:
September 1, 2023
(A) Notwithstanding anything to the
contrary in this chapter, the commission may specifically waive or vary one or
more of the requirements of this chapter that relate solely to skill-based
amusement machine gaming upon written request from and good cause shown by, as
determined by the commission, a skill-based amusement machine operator, vendor,
location, or key employee. (B) A person may submit a waiver or variance request to the
commission including all of the following: (1) The requestor's
name, mailing address, telephone number, and electronic mail
address; (2) A contact person and
that person's mailing address, telephone number, and electronic mail
address; (3) A detailed
description of the specific requirement or requirements, excluding any
requirement to apply for or obtain a license under this chapter, that the
requestor is seeking to have waived or to vary from and the reason or reasons
justifying the request; (4) The requestor's
signature or the signature of a duly authorized agent, employee, or
representative of the requestor; and (5) Any other information
required by the commission. (C) The commission may consider any waiver or variance
request properly submitted under this rule at a meeting held under section
3772.02 of the Revised Code or designate such responsibility to the commission
chairperson or the executive director. If such a designation occurs, the
commission chairperson or the executive director shall provide a written
response to the requestor indicating whether the waiver or variance has been
granted or denied. (D) The commission, or the commission chairperson or
executive director if designated, shall retain sole authority to grant, deny,
or modify a waiver or variance request submitted under this rule. The request
may be denied or modified for any reason except that no denial or modification
under this rule shall be done in an arbitrary or capricious
manner. (E) Denial or modification of any waiver or variance
request submitted under this rule shall not require notice and an opportunity
for hearing nor shall it be considered an adjudication or final appealable
order for purposes of Chapter 119. or section 2505.03 of the Revised Code. Such
denial shall not be considered by the commission during any licensure
determination.
Last updated September 1, 2023 at 8:47 AM
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Rule 3772-50-12 | Filing requirements.
Effective:
September 1, 2023
(A) A type-C skill-based amusement
machine operator must, not later than the thirty-first day of March of each
calendar year, file a report with the commission, available at the
commission's website at www.casinocontrol.ohio.gov/skillgames,
including: (1) A complete list, including mailing address and phone
number, of all skill-based amusement machine locations it owns, leases, or
manages in this state; (2) A complete list, including mailing address and phone
number, of all skill-based amusement machine locations in which it operates one
or more type-B or type-C skill-based amusement machines in this
state; (3) A complete list of the type-B and type-C skill-based
amusement machines in each skill-based amusement machine location described in
paragraphs (A)(1) and (A)(2) of this rule; (4) A complete list, including mailing address and phone
number, of all skill-based amusement machine vendors with which the type-C
skill-based amusement machine operator conducts or otherwise transacts business
for use in this state; and (5) Any other information requested by the
commission. (B) A
type-B skill-based amusement machine operator must, not later than the
thirty-first day of March of each calendar year, file a report with the
commission, available at the commission's website at
www.casinocontrol.ohio.gov/skillgames, including: (1) A complete list, including mailing address and phone
number, of all skill-based amusement machine locations it owns, leases, or
manages in this state; (2) A complete list, including mailing address and phone
number, of all skill-based amusement machine locations in which it operates one
or more type-B skill-based amusement machines in this state; (3) A complete list of the type-B skill-based amusement
machines in each skill-based amusement machine locations described in
paragraphs (C)(1) and (C)(2) of this rule; (4) A complete list, including mailing address and phone
number, of all skill-based amusement machine vendors with which the type-B
skill-based amusement machine operator conducts or otherwise transacts
business; and (5) Any other information requested by the
commission. (C) A
skill-based amusement machine vendor must, not later than the thirty-first day
of March of each calendar year, file a report with the commission, available at
the commission's website at www.casinocontrol.ohio.gov/skillgames,
including: (1) A complete list, including mailing address and phone
number, of all skill-based amusement machine vendors, type-B skill-based
amusement machine operators, and type-C skill-based amusement machine operators
with which the skill-based amusement machine vendor conducts or otherwise
transacts business; (2) A complete list of all type-B and type-C skill-based
amusement machines manufactured for, sold, or otherwise provided for use in
Ohio; and (3) Any other information requested by the
commission.
Last updated September 1, 2023 at 8:47 AM
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Rule 3772-50-13 | Record retention requirements.
Effective:
September 1, 2023
(A) Each skill-based amusement machine
operator, and vendor licensee must retain and maintain accurate, complete,
legible, and permanent records, indexed and organized in a manner to permit the
commission to efficiently locate and review, whether in electronic or other
format, of any books, records, or documents related to the conduct or
participation in the conduct of skill-based amusement machine gaming in this
state for at least three years after they are created and, upon request,
provide the commission with those records. (B) At a minimum, each skill-based
amusement machine vendor must retain and maintain the following
records: (1) The name, address,
and phone number for each skill-based amusement machine operator or vendor with
which the skill-based amusement machine vendor sold or otherwise provided
skill-based amusement machines for use in Ohio; (2) The manufacturer,
game name, model, and serial number of each type-B and type-C skill-based
amusement machine sold or otherwise provided for use in Ohio; and (3) Copies of all
documentation from a certified independent skill-based amusement machine
testing laboratory regarding skill-based amusement machines sold or otherwise
provided to a skill-based amusement machine vendor or operator licensee in
Ohio. (C) At a minimum each type-B and type-C
skill-based amusement machine operator must retain and maintain the following
records: (1) Invoices for each
skill-based amusement machine purchased or otherwise obtained from a
skill-based amusement machine vendor or operator for use in this
state; (2) Invoices for all
merchandise prizes, including wholesale price per individual merchandise prize
for use in this state; (3) A list of prizes
available to be awarded to a player and the dates the listed prizes were
available to be awarded to a player; (4) Copies of all
documentation from a certified independent skill-based amusement machine
testing laboratory regarding any skill-based amusement machine placed at a
skill-based amusement machine location or otherwise available for play in the
state of Ohio; (5) Copies of all
contracts or revenue-sharing agreements with any type-C skill-based amusement
machine location; and (6) Accounting for all
amounts paid to or revenue shared with a skill-based amusement machine
location. (D) Nothing in this rule shall be construed to require
disclosure of a record that is protected by the attorney-client privilege as
recognized under Ohio law.
Last updated September 1, 2023 at 8:48 AM
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Rule 3772-50-14 | Inspection and audits.
Effective:
September 1, 2023
(A) The commission must have access to
any skill-based amusement machine location and any facility in which
skill-based amusement machine supplies, devices, or equipment are manufactured,
sold, distributed, tested, or otherwise held or maintained to carry out the
requirements of Chapters 2915. and 3772. of the Revised Code and the rules
adopted thereunder. (B) The commission may do all of the
following: (1) Inspect and examine
all skill-based amusement machine locations licensed by the commission, any
location that conducts or participates in conducting skill-based amusement
machine gaming and is not licensed by the commission, and any facility in which
skill-based amusement machine supplies, devices, or equipment are manufactured,
sold, distributed, tested, or otherwise held or maintained; (a) Inspections will be conducted for the purpose of determining
compliance with Chapters 2915. and 3772. of the Revised Code and the rules
adopted thereunder. (b) Inspections may be conducted during reasonable business hours
or at any other time if it reasonably appears that all or part of the location
or facility is in operation. (2) Inspect and examine
all skill-based amusement machine supplies, devices, and equipment in or about
a skill-based amusement machine location, whether or not the location is
registered with or licensed by the commission; (3) Summarily impound,
seize, and remove from a skill-based amusement machine location any skill-based
amusement machine supplies, devices, and equipment for the purpose of
examination and inspection; (4) Audit all persons
that conduct or participate in conducting skill-based amusement machine gaming,
including those that have ceased gaming; and (5) Perform all other
things the commission considers necessary to ensure the integrity of
skill-based amusement machine gaming and for the effective licensing,
regulating, investigating, and penalizing of all persons conducting or
participating in the conduct of skill-based amusement machine gaming authorized
by Chapters 2915. and 3772. of the Revised Code and the rules adopted
thereunder. (C) The commission may request, in
writing, any person subject to licensure under this chapter to produce audits,
reports, advertisements, tax returns and financial records, or any other
documents related to the conduct of skill-based amusement machine gaming in
this state. (D) A person must, upon identification of
a commission employee or agent, immediately admit such commission employee or
agent to the location or other premise where skill-based amusement machine
gaming is conducted or skill-based amusement machines are stored, repaired, or
housed. A person must cooperate at all times with the direction of the
commission employee or agent and shall not interfere or hinder an inspection,
audit, or investigation or allow others to interfere or hinder an inspection,
audit, or investigation. (E) All applicants and licensees consent
to inspections, searches, and seizures and to the disclosure to the commission
and its agents of confidential records, including tax records, held by any
federal, state, or local agency, credit bureau, or financial institution and to
provide handwriting exemplars, photographs, fingerprints, and any other
information requested by the commission.
Last updated September 1, 2023 at 8:48 AM
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Rule 3772-50-15 | Advertising.
Effective:
September 1, 2023
(A) Advertising for skill-based amusement
machine gaming must be based upon fact and not be false, deceptive, or
misleading. (B) An advertisement may not depict or display any
skill-based amusement machine or prize prohibited under Chapters 2915. or 3772.
of the Revised Code or this chapter. (C) No person may use the seal of the state of Ohio or
commission, or any other symbol or indication of endorsement, to state or imply
sponsorship, endorsement, or operation of skill-based amusement machines by the
commission or any other entity of the state of Ohio.
Last updated September 1, 2023 at 8:48 AM
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Rule 3772-50-16 | Prohibited activities.
Effective:
September 1, 2023
(A) A skill-based amusement machine
vendor must not manufacture, sell, or distribute type-B or type-C skill-based
amusement machines, to be used in Ohio, to any person not licensed by the
commission as a skill-based amusement machine vendor or skill-based amusement
machine operator under this chapter. (1) A skill-based
amusement machine vendor, licensed by the commission under this chapter, may
purchase or otherwise obtain a type-B or type-C skill-based amusement machine
from a skill-based amusement machine vendor not licensed by the commission
under this chapter. (2) A skill-based
amusement machine vendor that obtains a type-B or type-C skill-based amusement
machine according to paragraph (A)(1) of this rule must ensure that the
skill-based amusement machine complies with Chapters 2915. and 3772. of the
Revised Code and this chapter. (B) A type-B skill-based amusement
machine operator, or type-C skill-based amusement machine operator must not
purchase or otherwise obtain a type-B or type-C skill-based amusement machine,
to be used in Ohio, from a person not licensed by the commission as a
skill-based amusement machine vendor under this chapter (C) Except as provided in paragraph
(A)(3) of rule 3772-50-03 of the Administrative Code, a type-C skill-based
amusement machine operator must not place, provide, or make available a type-C
skill-based amusement machine at a location other than a type-C skill-based
amusement machine location licensed by the commission under this
chapter. (D) No person may revenue-share or
otherwise obtain a type-B skill-based amusement machine from any person not
licensed by the commission as a type-B or type-C skill-based amusement machine
operator under this chapter. (E) A type-C skill-based amusement
machine location must not revenue-share or otherwise obtain a type-C
skill-based amusement machine from any person not licensed as a type-C
skill-based amusement machine operator under this chapter. (F) No person may extend any form of credit to a player of
a skill-based amusement machine or allow deferred payment where a player
receives something of value with the agreement to repay the lender in the
future for the purpose of playing a skill-based amusement machine. (G) No person may modify, alter, change, or turn on or off
any electronic or mechanical feature of a skill-based amusement machine that
makes the skill-based amusement machine not comply with any requirements under
this chapter. (H) No person may facilitate or aid another person in
further redeeming any merchandize prize previously awarded as a result of
playing any skill-based amusement machine for a prize prohibited under section
2915.01 of the Revised Code or this chapter. (I) No person may conduct, participate in conducting, or
otherwise operate a skill-based amusement machine or advertise in a manner
inconsistent with Chapters 2915. and 3772. of the Revised Code and the rules
adopted thereunder. (J) No person may copy, duplicate, or otherwise create or
re-create any registration, license, seal, or other item that suggests or tends
to suggest the authority to sell, lease, or otherwise provide the authority to
conduct or participate in conducting skill-based amusement machine
gaming. (K) No certified independent skill-based amusement machine
testing laboratory may test or accept for testing under this chapter the same
skill-based amusement machine or related electronic or digital components, such
as software it knows or has reason to suspect has been submitted for testing at
another certified independent skill-based amusement machine testing laboratory
unless approved, in writing, by the executive director or his or her
designee. (L) No skill-based amusement machine vendor may participate
in any revenue-sharing agreement or contract where the skill-based amusement
machine vendor receives anything of value based on the amount of coin-in,
revenue, receipts, or other performance of a type-B or type-C skill-based
amusement machine. (M) No person may issue a refund of a merchandise prize or
redeemable voucher for a merchandise prize awarded to a player of a skill-based
amusement machine. Nothing in this rule prohibits a person from replacing or
exchanging a merchandise prize with a merchandise prize of the same wholesale
value. (N) No person may redeem a redeemable voucher for a
merchandise prize except a skill-based amusement machine operator or location
licensed by the commission under this chapter. (O) No skill-based amusement machine operator or location
may knowingly award a merchandise prize that is not operational or does not
function as advertised or displayed. (P) In addition to any other sanction imposed under
Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder,
a person who violates any provision of this rule may be subject to sanctions in
accordance with rule 3772-50-28 of the Administrative Code.
Last updated September 1, 2023 at 8:48 AM
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Rule 3772-50-17 | Duties of skill-based amusement machine vendors.
Effective:
September 1, 2023
In addition to all other requirements under this
chapter, each skill-based amusement machine vendor has an ongoing duty
to: (A) Ensure that each skill-based
amusement machine sold or otherwise provided in this state meets the minimum
technical standards established by the commission and has been approved for use
in this state by the commission in accordance with this chapter. (B) Ensure that all electronic or mechanical components,
including the motherboard, that can or could be manipulated to affect the
outcome of a game, excluding those components that interact with a player, are
located in a locked cabinet or console. (C) Comply with all notices or directives from the
commission, executive director of the commission, or his or her designee, to
draft, edit, or implement policies, procedures, or practices.
Last updated September 1, 2023 at 8:49 AM
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Rule 3772-50-18 | Duties of type-B skill-based amusement machine operators.
Effective:
September 1, 2023
In addition to all other requirements under this
chapter, each type-B skill-based amusement machine operator has an ongoing duty
to: (A) Safeguard keys to the locked cabinet of a skill-based
amusement machine, required under paragraph (B) of rule 3772-50-17 of the
Administrative Code. A type-B skill-based amusement machine operator must not
provide keys to a location or a location's employees or agents, unless
the operator owns, manages, or operates the location. (B) Maintain a record of changes to the mechanical or
electronic components described in paragraph (B) of rule 3772-50-17 of the
Administrative Code for each skill-based amusement machine it operates. The
record shall provide for the time and date of the change, the names of all
persons who made the change, and the purpose of the change. (1) The record shall be
kept at the location where skill-based amusement machine gaming is conducted;
and (2) The record shall be
retained for a period of at least two years and made available to the
commission immediately upon request. (C) Ensure that any mechanical claw, crane, or similar
aperture may pick-up, hold, carry, push, or otherwise manipulate the
merchandise prizes available such that a player is reasonably capable of
winning the prize by playing the skill-based amusement machine as advertised or
instructed. (D) Conspicuously display a sign or sticker affixed to the
front of a skill-based amusement machine that indicates the name of the
operator and a phone number where consumers can contact the operator to file a
complaint. (E) Comply with all notices or directives from the
commission, executive director of the commission, or his or her designee, to
draft, edit, or implement policies, procedures, or practices.
Last updated September 1, 2023 at 8:49 AM
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Rule 3772-50-19 | Duties of type-C skill-based amusement machine operators.
Effective:
September 1, 2023
In addition to all other requirements under this
chapter, each type-C skill-based amusement machine operator has an ongoing duty
to: (A) Safeguard keys to the locked cabinet of a skill-based
amusement machine, required under paragraph (B) of rule 3772-50-17 of the
Administrative Code, and not provide keys to a location or a location's
employees or agents unless the operator is a franchisor of the location or the
operator owns, manages or operates the location. (B) Maintain a record of changes to the mechanical or
electrical components described in paragraph (B) of rule 3772-50-17 of the
Administrative Code for each skill-based amusement machine it operates. The
record shall provide for the time and date of the change, the names of all
persons who made the change, and the purpose of the change. (1) The record shall be
kept at the location where skill-based amusement machine gaming is conducted;
and (2) The record shall be
retained for a period of at least two years and made available to the
commission upon request. (C) Conspicuously display or cause to be displayed at all
locations where it conducts skill-based amusement machine gaming a sign visible
to the general public and players of skill-based amusement machines, that Ohio
law prohibits the payment of cash, currency, gift cards, firearms, tobacco,
alcohol, lottery tickets, bingo, or plays on a game of chance as prizes for
playing a skill-based amusement machine. (D) Conspicuously display or cause to be displayed, in a
single area, approved by the commission, executive director of the commission,
or his or her designee, all merchandise prizes for which redeemable vouchers
obtained by playing any skill-based amusement machine may be
redeemed. (1) The prize display
area must be at the location where skill-based amusement machine gaming is
conducted; (2) The number of
redeemable vouchers required to obtain each merchandise prize must be
conspicuously displayed; (3) The merchandise prize
must be available at the time of redemption without a player having to return
at a later date or time to obtain the merchandise prize; (4) All prizes must be
held in a physical inventory, maintained by the type-C skill-based amusement
machine operator or the type-C skill-based amusement machine location, at the
location where prizes may be redeemed; (5) No player may select
a prize from a catalog, directory, or website; and (6) No prize may be
shipped or delivered to a player on a date after the date the player redeemed a
voucher or otherwise selected the merchandise prize. (E) A type-C skill-based amusement machine operator shall
place a sign or sticker affixed to the front of a skill-based amusement machine
that indicates the name of the operator and a phone number where consumers can
contact the operator to file a complaint. However, if the operator is a
franchisor of the location where a skill-based amusement machine is available
for play or the operator owns, manages, or operates the location the operator
may post a visible sign at the location that indicates a phone number where
consumers can file a complaint with the operator. (F) Comply with all notices or directives from the
commission, executive director of the commission, or his or her designee, to
draft, edit, or implement policies, procedures, or practices.
Last updated September 1, 2023 at 8:49 AM
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Rule 3772-50-20 | Duties of type-C skill-based amusement machine locations.
Effective:
September 1, 2023
In addition to all other requirements under this
chapter, each licensed type-C skill-based amusement machine location has an
ongoing duty to: (A) Enter into a written revenue-sharing
agreement with a skill-based amusement machine operator licensed by the
commission, if a type-C skill-based amusement machine location does not own and
operate its own skill-based amusement machines. (B) Allow a skill-based amusement machine operator to place
any signs, brochures, or other material at the type-C skill-based amusement
machine location to comply with the requirements of this chapter. (C) Comply with all notices or directives from the
commission, executive director of the commission, or his or her designee, to
draft, edit, or implement policies, procedures, or practices.
Last updated September 1, 2023 at 8:49 AM
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Rule 3772-50-21 | Independent skill-based amusement machine testing labotatory certification.
Effective:
September 1, 2023
(A) An independent skill-based amusement
machine testing laboratory must be certified under Chapter 3772-15 of the
Administrative Code to be certified to scientifically test and technically
evaluate skill-based amusement machines and equipment for compliance with
Chapters 2915. and 3772. of the Revised Code and the rules adopted
thereunder. (B) An independent testing laboratory
certified under Chapter 3772-15 of the Administrative Code may request to be
certified by the commission to scientifically test and technically evaluate
skill-based amusement machines. The independent testing laboratory
must: (1) Conduct a
supplemental independent skill-based amusement machine testing laboratory
compliance investigation that may include, but is not limited to, a review of
the independent testing laboratory's: (a) Staff experience and expertise testing skill-based
amusement machines; (b) Skill-based amusment machine test scripts;
and (c) Any other information as required by the executive
director; (2) Comply with all
requirements and duties of certification in Chapter 3772-15 of the
Administrative Code; and (3) Agree to not testify
at any administrative hearing or court proceeding against the commission with
respect to any matter in which the commission has authority under Chapter 2915.
or 3772. Of the Revised Code and the rules adopted thereunder. (C) The certification to scientifically
test and evaluate skill-based amusement machines and equipment will expire on
the same date as the independent testing laboratory's certification
granted under Chapter 3772-15 of the Administrative Code.
Last updated September 1, 2023 at 8:50 AM
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Rule 3772-50-24 | Skill-based amusement machine standards.
Effective:
September 1, 2023
(A) All type-B and type-C skill-based
amusement machines must be approved by the commission for use in Ohio and
comply with all technical and testing standards adopted by the commission as
appendix A to this rule. (B) A skill-based amusement machine
operator must be able to account for the following: (1) Total played;
and (2) Total
won. For purpose of this paragraph, "total
played" and "total won" have the same meaning as those terms
are defined in appendix A to this rule. (C) A skill-based amusement machine
operator must ensure that all game rules are prominently displayed and clearly
and accurately state the advertised prize(s), as defined in appendix A to this
rule, fees charged for play, and the rules of the game. (D) A skill-based amusement machine
concept not contemplated under the technical and testing standards adopted by
the commission in this rule will be reviewed on a case-by-case basis by the
commission.
Last updated September 1, 2023 at 8:50 AM
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Rule 3772-50-25 | Approval and testing.
Effective:
September 1, 2023
(A) Except as provided in paragraph (B)
of this rule, no type-B or type-C skill-based amusement machine or game-related
technology may be used to conduct or to participate in conducting skill-based
amusement machine gaming unless a certified independent skill-based amusement
machine testing laboratory concludes that the item at issue complies with
Chapters 2915. and 3772. of the Revised Code and the rules adopted thereunder
and the type-B or type-C skill-based amusement machine or game-related
technology has been approved by the commission. (B) Prior to seeking testing of a type-B
or type-C skill-based amusement machine or game-related technology in
accordance with this rule, a skill-based amusement machine vendor may certify
to the commission that the skill-based amusement machine complies with the
technical standards adopted by the commission under rule 3772-50-24 of the
Administrative Code. The certification shall include, at a
minimum: (1) An identification of
the skill-based amusement machine, including version number or issuance
date; (2) An attested statement
by a key employee of the skill-based amusement machine vendor confirming the
skill-based amusement machine complies with technical standards adopted by the
commission; (3) Documentation
detailing the function and operation of the skill-based amusement
machine; (4) Documentation
demonstrating compliance with the technical standards adopted by the
commission; and (5) Any other information
requested by the commission. (C) After receipt of the certification
and supporting documentation submitted pursuant to paragraph (B) of this rule,
the commission will, within a reasonable time, either: (1) Approve the type-B or
type-C skill-based amusement machine or game-related technology if the
commission is satisfied that the skill-based amusement machine or game-related
technology complies with the technical standards adopted by the commission;
or (2) Notify the
skill-based amusement machine vendor that the commission cannot determine,
based on the documents submitted, that the skill-based amusement machine
complies with the technical standards adopted by the commission, and the
skill-based amusement machine vendor shall seek testing from an independent
skill-based amusement machine testing laboratory in accordance with this
rule. (D) Submission of a false or misleading
certification under paragraph (B) of this rule will result in a notification
under paragraph (C)(2) of this rule and may result in administrative action,
pursuant to rule 3772-50-28 of the Administrative Code, against the skill-based
amusement machine vendor or skill-based amusement machine key employee that
submitted the certification. (E) A skill-based amusement machine
vendor seeking testing or technical evaluation of any type-B or type-C
skill-based amusement machine or game-related technology must comply with the
following: (1) Submit a written
request to a certified independent skill-based amusement machine testing
laboratory that, at a minimum, specifically references the scientific testing
and technical evaluation necessary under Chapters 2915. and 3772. of the
Revised Code and this chapter and identifies the particular skill-based
amusement machine or game-related technology at issue; (2) Submit all necessary
items and information to the certified independent skill-based amusement
machine testing laboratory; (3) Pay all costs
associated with the scientific testing and technical evaluation performed by
the certified independent skill-based amusement machine testing laboratory;
and (4) Engage no more than
one certified independent skill-based amusement machine testing laboratory to
perform scientific testing and technical evaluation of any particular device,
version of software, hardware, or other technology to be used in Ohio without
prior written authorization from the commission, executive director of the
commission, or his or her designee. (F) A skill-based amusement machine
vendor that purchases or otherwise obtains a type-B or type-C skill-based
amusement machine in accordance with paragraph (A)(1) of rule 3772-50-16 of the
Administrative Code shall comply with the requirements of this
rule. (G) In the event a skill-based amusement
machine vendor is unable or unwilling to comply with the requirements under
this rule, a skill-based amusement machine operator may seek the requisite
approval in accordance with paragraph (B) of this rule, or testing, in
accordance with paragraph (E) of this rule. For purposes of this rule, a
skill-based amusement machine operator that seeks approval or testing of a
type-B or type-C skill-based amusement machine is subject to the same
requirements of a skill-based amusement machine vendor. (H) The commission will maintain a database of all type-B
and type-C skill-based amusement machines or game-related technology that have
been approved by the commission under paragraphs (A) and (C) of this rule. A
licensed skill-based amusement machine vendor or operator may sell or use in
this state any skill-based amusement machine or game-related technology
approved by the commission under this rule without seeking additional testing
or commission approval.
Last updated September 1, 2023 at 8:50 AM
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Rule 3772-50-26 | Skill-based amusement machine tournaments.
Effective:
September 1, 2023
(A) The commission, executive director of the commission,
or his or her designee, may limit, condition, or restrict a skill-based
amusement machine tournament or prohibit a licensee from conducting or
participating in conducting a skill-based amusement machine tournament if the
conduct of the tournament would violate a provision of Chapter 2915. or 3772.
of the Revised Code or the rules adopted thereunder or the conduct of the
tournament would impact the integrity of skill-based amusement machine gaming
in Ohio. (B) A skill-based amusement machine tournament must award
merchandise prizes or redeemable vouchers for merchandise prizes that are
announced, established, and made known to the players at least forty-eight
hours in advance of the tournament. The value of prizes may not be determined
by the number of players in the tournament or the amount of any fees paid by
the players. (1) The announced prizes
may not be changed. (2) The announced prizes
may exceed a wholesale value of ten dollars but may not be for any of the
following: (a) Cash, gift cards, currency, including digital currency, or
any equivalent thereof; (b) Plays on games of chance, state lottery tickets, bingo, or
instant bingo; (c) Firearms, tobacco, or alcoholic beverages; (d) Gold or silver bullion, coins, rounds, bars, or ingots;
or (e) A redeemable voucher that is redeemable for any of the items
listed in paragraphs (C)(2)(a) to (C)(2)(d) of this rule. (C) A tournament must be for a designated start and end
date, not to exceed seven consecutive calendar days, unless otherwise
authorized, in writing, by the executive director, or his or her
designee. (D) No licensee may conduct or participate in conducting
more than ten calendar days of skill- based amusement machine tournaments,
including tournaments held at more than one location, in a calendar month,
unless otherwise authorized, in writing, by the executive director of the
commission or his or her designee. (E) A skill-based amusement machine operator that conducts
or participates in conducting a national or international skill-based amusement
machine tournament is not subject to the requirements under this
rule. (F) Unless otherwise provided under this rule, a licensee
must comply with all of the provisions of this chapter when conducting or
participating in conducting a skill-based amusement machine
tournament.
Last updated September 1, 2023 at 8:51 AM
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Rule 3772-50-27 | Hearings.
Effective:
September 1, 2023
(A) If the commission concludes that
administrative action should be taken against any applicant, licensee,
certified independent skill-based amusement machine testing laboratory, or any
other person subject to the requirements of this chapter, the commission shall
provide notice of the proposed action in the manner prescribed under Chapter
119. of the Revised Code and Chapter 3772-21 of the Administrative
Code. (B) All hearings and hearing procedures
shall be conducted in the manner described in Chapter 3772-21 of the
Administrative Code.
Last updated September 1, 2023 at 8:51 AM
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Rule 3772-50-28 | Sanctions.
Effective:
April 23, 2018
(A) The commission may sanction any
certified independent skill-based amusement machine testing laboratory,
licensee, applicant, or other person subject to the requirements of this
chapter for any of the following: (1) Violating or failing to meet any provision or
requirement of Chapters 2915. and 3772. of the Revised Code or any rules
adopted thereunder; (2) Engaging in any misrepresentation or material
omission; (3) Engaging in any fraudulent act; (4) Failing to cooperate with the commission; (5) Failing to comply with all terms and conditions of a
settlement agreement or agreed order with the commission, and any subsequent
amendments or modifications thereto; (6) Failing to comply with the terms and conditions of a
commission order or resolution, and any subsequent amendments or modifications;
or (7) Engaging in any conduct that undermines the integrity
of skill-based amusement machine gaming or the public's confidence in
skill-based amusement machine gaming. (B) The commission shall have the authority to impose any
sanction set forth in Chapters 2915. and 3772. of the Revised Code and any
rules adopted thereunder, including any of the following: (1) Denial, non-renewal, revocation, suspension,
conditioning, or restriction of a license; (2) Revocation, suspension, or restriction of the conduct
or participation in the conduct of skill-based amusement machine gaming in this
state; (3) A monetary fine; (4) A monetary civil penalty; (5) The forfeiture of a skill-based amusement machine;
or (6) Any other sanction imposed upon or agreed to by a
certified independent skill-based amusement machine testing laboratory,
licensee, applicant, or any other person. (C) Without in any manner limiting the authority of the
commission to impose the level and type of sanction it may consider
appropriate, the commission may take into consideration: (1) The risk to the public and the integrity of skill-based
amusement machine gaming in this state by the conduct of the certified
independent skill-based amusement machine testing laboratory, licensee,
applicant, or other person; (2) Any criteria or factor listed in Chapter 2915. or 3772.
of the Revised Code and any rules adopted thereunder; or (3) Any other factors the commission may consider
relevant. (D) Any skill-based amusement machine key employee licensee
whose employment has been terminated is subject to revocation of his or her
license for any act or failure to act that occurred while employed by a
skill-based amusement machine vendor, operator, or location. (E) If the alleged violation is the result of or results in
the unlawful obtainment or retention of any money or property, the commission
may, in addition to any other penalty or fine levied under Chapters 2915. and
3772. of the Revised Code or any rules adopted thereunder, impose a civil
penalty or fine in an amount equal to the money or value of the property that
was unlawfully obtained or retained. (F) The commission shall not be precluded from finding
multiple violations within a day, if each violation is the result of separate
and distinct acts. (G) The commission may hold applicants, licensees, or other
persons jointly and severally liable for violations of Chapters 2915. and 3772.
of the Revised Code and the rules adopted thereunder.
Last updated April 28, 2023 at 10:21 AM
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