Department of Agriculture - Concession Licenses - Group games.

Published: 2017-03-23

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The department may license group games. In establishing rules to regulate group games the department may consider, but shall not be limited to the following:

(A) All group games will be licensed under the provisions of division (D) of section 1711.11 of the Revised Code.

(B) No group games shall be permitted to operate at any fair without first being inspected and licensed by the department, and without first being reviewed and approved by the appropriate fair board or the Ohio expositions commission in the initial year of operation, and reflected in the official minutes of such board or commission.

(C) No group games will automatically be licensed. Such games shall be licensed by state inspectors on a game-by-game basis and only after such games meet all other rules and standards of the department for licensing non-group games.

(D) There may be more than one winner in group game competition or there may be only one winner. In either case, the rules of the group game shall stipulate whether more than one winner is permitted and such rules shall be posted in a conspicuous place in the concession while it is in operation.

(E) The department shall have the authority to seal any group game's timers, master controls or any other device of the game which the department believes needs sealed to protect the integrity of the game, and to protect the public against fraud in the game's operation. Any unauthorized tampering with such seals is prohibited. A violation of this rule will be brought to the immediate attention of the director who shall hold a hearing. Violation of this rule is subject to the penalties found in divisions (F) and (G) of section 1711.11 or division (A) of section 1711.99 of the Revised Code.

(F) No licensee shall change, alter or modify any critical component of any group game at any time for any reason without first notifying the department and receiving written approval to do so from the department. Any licensee found in violation of this rule is subject to the penalties found in divisions (F) and (G) of section 1711.11 and/or division (A) of section 1711.99 of the Revised Code. The department shall determine what are critical components of each group game upon consultation with the game's manufacturer or in accordance with generally accepted engineering standards and practices.

(G) Where possible, the state inspector will gear his inspections of group games so such games maintain the manufacturer's original purpose and operation of said game, unless such game has been modified, changed or altered under the conditions of paragraph (F) of this rule.

(H) Any group game which has been legally modified, altered or changed under the conditions of paragraph (F) of this rule shall be reinspected by the department prior to that game operating in the modified, altered or changed condition unless the department, in writing, agrees that the game so changed, altered or modified may continue to operate without reinspection.

(I) The owner of the game shall have the responsibility to ensure that the game's manufacturer shall: (1) train and otherwise acquaint the state inspectors (at the manufacturer's cost) with the manufacturer's group games. This training shall include, but is not limited to, the physical characteristics of the game; the critical components of the game; the game's electrical system; the proper operation of the game; a review of all mechanical parts, all electromagnetics or switches, pneumatic or hydraulic functions; and all other items requested by the department; and (2) submit to the department, the manufacturer's schematic or other appropriate manufacturer's manuals and a copy of any changes, modifications or alterations recommended by the manufacturer to the game. The department reserves the right not to license any group game unless the materials set forth in this rule are received by the department.