Section 3772-50-16 - Prohibited activities(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 skillbased 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 skillbased 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 skillbased 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 skillbased 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 revenuesharing 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 skillbased 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.Ohio Admin. Code 3772-50-16
Effective: 9/1/2023
Five Year Review (FYR) Dates: 4/28/2023 and 09/01/2028
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03, 2915.01
Prior Effective Dates: 04/23/2018