CHARITABLE OHIO

Charitable Gaming

The attorney general is Ohio’s designated charity regulator, and, as such, regularly receives questions from charities and other organizations regarding the legitimate conduct of charitable gaming.

When conducted properly, charities in Ohio may raise funds through certain legally-authorized gaming activities, such as charitable bingo – which the Ohio Attorney General’s Office licenses and regulates. General information about these topics is provided below. Charities should also visit the Resources for Charities page to view answers to frequently answered questions about charitable fundraising.

While the Ohio Attorney General does not prepare opinions for private citizens, the attorney general provides formal written opinions to designated public officials on legal questions arising in the course of the public officials’ duties. Some of those opinions relate to different types of gaming and can be found under the Publications section at the bottom of this page.

Charities should consult Ohio Revised Code (ORC) Chapter 2915, local law enforcement, and private legal counsel to determine if your proposed gaming activity is authorized by law, since each organization’s situation may be different. Violation of ORC 2915.02 may result in criminal penalties, and criminal enforcement of Chapter 2915 lies not with the Ohio Attorney General, but with local law enforcement authorities.

Raffles

Charitable Bingo

Since bingo is a licensed activity that involves detailed requirements, organizations interested in conducting bingo in Ohio should visit the Charitable Bingo page to learn more about those requirements.
 

Raffles

Raffles are defined in ORC 2915.01(CC) and their conduct is described in ORC 2915.092. Only organizations that are 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) tax-exempt organizations may conduct raffles in Ohio.

Eligible organizations do not need a license to conduct a raffle. Nevertheless, raffles must be conducted in compliance with Chapter 2915. For example, under ORC 2915.10, all organizations conducting raffles must comply with certain recordkeeping requirements.

Games of Chance

ORC 2915.01(D) defines “game of chance” as “poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.” Games of chance do not require a license from the Ohio Attorney General. However, anyone interested in conducting games of chance is strongly encouraged to review the Ohio Attorney General’s Policy 201 for more information on games of chance.
 

Other Types of Gaming

Organizations often ask the Charitable Law Section whether they are able to hold other specific types of events, for example, a poker tournament, Monte Carlo night, or night at the races. Our advice is to consult ORC Chapter 2915, private legal counsel and local law enforcement to determine if your proposed activity is allowed by law.

FAQs

What is a game of chance?
Ohio Revised Code Section 2915.01(D) defines “game of chance” as “poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.”

What is a scheme of chance?
ORC 2915.01(C) defines “scheme of chance” as “a slot machine unless authorized under Chapter 3772 of the Revised Code, lottery unless authorized under Chapter 3770 of the Revised Code, numbers game, pool conducted for profit, or other scheme in which a participant gives a valuable consideration for a chance to win a prize, but does not include bingo, a skill-based amusement machine, or a pool not conducted for profit. ‘Scheme of chance’ includes the use of an electronic device to reveal the results of a game entry if valuable consideration is paid, directly or indirectly, for a chance to win a prize.”

My friends and I want to pool together money to bet on basketball tournament brackets or fantasy football leagues. Is this legal?
Under ORC 2915.01(C), pools not conducted for profit are specifically exempt from the definition of “scheme of chance.” If 100 percent of the money pooled together is paid out to the winner(s), the pool is a "pool not conducted for profit" and is therefore not an illegal scheme of chance.

My charity is interested in selling squares from a 10x10 sheet related to the Super Bowl where the winners would be determined by the scores at the end of every quarter. Fifty percent of the proceeds would go to the winners and 50 percent would be kept by the charity. Is this permissible?
Under ORC 2915.01(C), this would be considered an impermissible pool conducted for profit. Any time any funds are diverted from going to the participants as prizes, even to a charitable organization, it is an illegal scheme of chance.

My charity is interested in raffling liquor and wine. Are there any special provisions we should know about?
ORC 4301.58 requires charities raffling beer, wine, liquor and other alcoholic products to ensure those products were purchased from Ohio liquor permit holders by maintaining receipts and collecting receipts from those contributing goods. When raffling spirituous liquors, the charitable organization must submit a copy of the receipt and complete a form to be filed with the Ohio Department of Commerce’s Liquor Control Unit. The form and details can be found at Spirituous Liquor Receipts for Charitable Fundraisers on the Ohio Department of Commerce website.

What formal opinions has the Ohio Attorney General’s Office published related to charitable law and gaming?
The Ohio Attorney General’s Office has issued the following opinions:

  • 2018-012: Queen of hearts
  • 2013-029: Compensation of volunteers at festival, revenue from games of chance to pay rent of facilities, method of calculating amount of rent
  • 2013-027/2013-030: Charitable organization may not operate an automatic, electronic poker table at a festival
  • 2013-012: Sweepstakes promotion by insurance company not an illegal raffle
  • 2008-015: Charitable organization, games of chance, raffles
  • 2006-045: Night at the races
  • 2004-042: Public school raffle tickets, sale or purchase by a person under the age of 18
  • 2004-029: Skill-based amusement device
  • 2004-021: Lottery pooling service

A search feature for attorney general opinions is available online through the attorney general’s Opinions Database.

My charity wants to hold a raffle. Do I need to get a license or file any special reports with the Ohio Attorney General?
Raffles are defined in ORC 2915.01(CC) and requirements about who can conduct raffles is set forth in ORC 2915.092.

All 501(c)(3) organizations are permitted to hold raffles and no license or report is required.

All 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), and 501(c)(19) organizations are permitted to hold raffles and no license or report is required.  However, these organizations must distribute at least 50% of the net profit to a charitable purpose or governmental entity.

And, as with all fundraising, any organization conducting a raffle needs to keep its records for at least three years.

My charity is interested in hosting online raffles. Is this permissible?
Many of the new online tools that are readily available are not legal in the state of Ohio and constitute violations of Ohio Revised Code Chapter 2915. For instance, in Ohio, raffles cannot be conducted online using a random number generator to select a winner. Raffle winners need to be drawn from a receptacle containing detachable sections representing all of the tickets sold. Charities can, for instance, sell the tickets online; but the winning ticket must be drawn from a receptacle.

My company is interested in supporting a charitable cause and is considering holding a raffle to raise money for that cause. Is that legal?
Under Ohio law, only charitable organizations can hold raffles. Businesses and individuals are forbidden from holding raffles. You can consider approaching a particular charity to discuss whether that charity is interested in running, organizing and overseeing a raffle that you can support within your business.

I've heard about some companies that will run a casino night fundraising activity for charities where they provide all of the equipment and staff for the gaming tables. Is this legal?
While 501(c)(3) organizations can hold these types of events, there are strict restrictions on where and how they must be conducted. It may be helpful to review Policy 201: Games of Chance when contemplating these types of activities.

Are quarter auctions permissible?
No. Quarter auctions are an illegal scheme of chance and impermissible for charities or businesses.

PUBLICATIONS

CONTACT

Charitable Law Section
30 E. Broad St., 25th Floor
Columbus, OH 43215
Phone: 800-282-0515
Fax: 614-466-9788
Email: CharitableLaw@OhioAGO.gov