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2018 Georgia Code 16-12-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-35 Case Law from Google Scholar Amendments to OCGA 16-12-35

TITLE 16 CRIMES AND OFFENSES

Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.

ARTICLE 2 GAMBLING AND RELATED OFFENSES

16-12-35. Applicability of part; penalty for violation.

  1. As used in this Code section, the term "some skill" means any presence of the following factors, alone or in combination with one another:
    1. A learned power of doing a thing competently;
    2. A particular craft, art, ability, strategy, or tactic;
    3. A developed or acquired aptitude or ability;
    4. A coordinated set of actions, including, but not limited to, eye-hand coordination;
    5. Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both;
    6. Technical proficiency or expertise;
    7. Development or implementation of strategy or tactics in order to achieve a goal; or
    8. Knowledge of the means or methods of accomplishing a task.

      The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of subsection (b) of Code Section 50-27-70. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the "some skill" requirement of this Code section.

  2. Nothing in this part shall apply to a coin operated game or device designed and manufactured for bona fide amusement purposes only which may by application of some skill entitle the player to earn replays of the game or device at no additional cost and to discharge the accumulated free replays only by reactivating the game or device for each accumulated free replay or by reactivating the game or device for a portion or all of the accumulated free plays in a single play. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code or any item described as a gambling device in subparagraph (B), (C), or (D) of paragraph (2) of Code Section 16-12-20.
    1. Nothing in this part shall apply to a crane game machine or device meeting the requirements of paragraph (2) of this subsection.
    2. A crane game machine or device acceptable for the purposes of paragraph (1) of this subsection shall meet the following requirements:
      1. The machine or device must be designed and manufactured only for bona fide amusement purposes and must involve at least some skill in its operation;
      2. The machine or device must reward a winning player exclusively with free replays or merchandise contained within the machine itself and such merchandise must be limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value not exceeding $5.00. A player may be rewarded with both free replays and noncash merchandise, prizes, toys, or novelties for a single play of the game or device as provided in this Code section;
      3. The player of the machine or device must be able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy, or novelty;
      4. The player of the machine or device must be made aware of the total time which the machine or device allows during a game for the player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy, or novelty;
      5. The claw or grasping device must not be of a size, design, or shape that prohibits picking up or grasping a prize, toy, or novelty contained within the machine or device; and
      6. The machine or device must not be classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code.
    1. Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with:
      1. Free replays;
      2. Merchandise limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value of not more than $5.00 received for a single play of the game or device;
      3. Points, tokens, vouchers, tickets, or other evidence of winnings which may be exchanged for rewards set out in subparagraph (A) of this paragraph or subparagraph (B) of this paragraph or a combination of rewards set out in subparagraph (A) and subparagraph (B) of this paragraph; or
      4. Any combination of rewards set out in two or more of subparagraph (A), (B), or (C) of this paragraph.

        This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code or any item described as a gambling device in subparagraph (B), (C), or (D) of paragraph (2) of Code Section 16-12-20.

    2. A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection may accumulate winnings for the successful play of such bona fide coin operated amusement games or devices through tokens, vouchers, points, or tickets. Points may be accrued on the machine or device. A player may carry over points on one play to subsequent plays. A player may redeem accumulated tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets received does not exceed $5.00 for a single play.
  5. Any person who gives to any other person money for free replays on coin operated games or devices described in subsection (b), (c), or (d) of this Code section shall be guilty of a misdemeanor.
  6. Any person owning or possessing an amusement game or device described in subsection (c) or (d) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for any noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing any such amusement game or device shall be guilty of a misdemeanor.
  7. Any person owning or possessing an amusement game or device described in subsection (b), (c), or (d) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money as a reward for the successful play or winning of any such amusement game or device shall be guilty of a misdemeanor of a high and aggravated nature.
  8. Any gift certificates, tokens, vouchers, tickets, or other evidence of winnings awarded under subsection (c) or (d) of this Code section must be redeemable only at the premises on which the game or device is located. It shall be unlawful for any person to provide to any other person as a reward for play on any such game or device any gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for any thing of value at any other premises. It shall be unlawful for any person at any premises other than those on which the game or device is located to give any thing of value to any other person for any gift certificate, token, voucher, ticket, or other evidence of winning received by such other person from play on such game or device. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. This subsection shall not apply to any ticket or product of the Georgia Lottery Corporation.
  9. The merchandise, prizes, toys, gift certificates, novelties, or rewards which may be awarded under subsection (c) or (d) of this Code section may not include or be redeemable or exchangeable for any firearms, alcohol, or tobacco. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
  10. Any other laws to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery nor shall it be applicable to the manufacturing, processing, selling, possessing, or transporting of any gaming equipment, devices, or other materials used or designated for use only in jurisdictions in which the use of such items is legal. This part shall in no way prohibit communications between persons in this state and persons involved with such legal lotteries or gaming devices relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state.
  11. Any person, location owner, or location operator who places, provides, or displays a bona fide coin operated amusement machine and offers it to play for consideration in Georgia in an establishment for which the location owner or location operator is not licensed or in a private residence shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both.

(g.1)Any location owner or location operator or person employed by a location owner or location operator who violates subsection (h) or (i) of this Code section for the second separate offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both, as well as loss of location license and all other state licenses.

(Code 1933, § 26-2713, enacted by Ga. L. 1976, p. 1158, § 1; Ga. L. 1978, p. 1779, § 1; Ga. L. 1985, p. 886, § 1; Ga. L. 1991, p. 1396, § 1; Ga. L. 1991, p. 1398, § 1; Ga. L. 1992, p. 1489, § 1; Ga. L. 1996, p. 309, § 1; Ga. L. 1997, p. 689, § 1; Ga. L. 1998, p. 563, § 1; Ga. L. 1999, p. 1224, § 1; Ga. L. 2001, Ex. Sess., p. 312, § 2; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2013, p. 37, § 2-1/HB 487; Ga. L. 2018, p. 1112, § 16/SB 365.)

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "paragraph (2) of subsection (b) of Code Section 50-27-70" for "paragraph (2) of Code Section 50-27-70" at the end of the first sentence in the ending undesignated paragraph of subsection (a).

Cross references.

- Restrictions on percent of income from coin operated machines, § 48-17-15.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, a semicolon was substituted for a period at the end of subparagraph (c)(2)(B).

Pursuant to Code Section 28-9-5, in 1999, "subparagraph" was substituted for "subparagraphs" in subparagraph (d)(1)(D) and "subsection" was substituted for "subsections" in subsection (e).

Editor's notes.

- Ga. L. 2001, Ex. Sess., p. 312, § 4, not codified by the General Assembly, provides that: "This Act is not intended to, and should not be construed to, affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be prohibited by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall not be permitted by this Act."

Ga. L. 2001, Ex. Sess., p. 312, § 5, not codified by the General Assembly, provides that: "During the period beginning January 1, 2002, and ending June 30, 2002, it shall not be unlawful to possess in this state a machine or device described in subparagraph (B), (C), or (D) of paragraph (2) of Code Section 16-12-20, if: (1) Such machine is not in use; (2) Such machine is in transit to a storage facility or in a storage facility, which said storage facility is a secured facility and no part of same is accessible by anyone other than employees of said facility or employees of the owner of said machine; and (3) Such machine is not located in a place which is open to the public and is not located in a private club."

Ga. L. 2013, p. 37, § 3-1/HB 487, not codified by the General Assembly, provides, in part, that: "(b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law.

"(c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited."

U.S. Code.

- The provisions of the Internal Revenue Code related to the wagering tax stamp are codified at 26 U.S.C. § 4901.

JUDICIAL DECISIONS

O.C.G.A. § 16-12-35 decriminalizes certain pinball machines because they are no longer to be considered as gambling devices. Total Vending Servs., Inc. v. Gwinnett County, 157 Ga. App. 28, 276 S.E.2d 89 (1981).

State statutes preempted city's ordinance.

- Conviction and fine against a convenience store operator for violating a city ordinance that prohibited certain retailers of packaged alcoholic beverages from allowing coin operated amusement machines (COAMs) on the same premises was reversed because the state's COAM Laws, O.C.G.A. §§ 16-12-35 and50-27-70, et seq., preempted the city's ordinance at least insofar as the ordinance applied to COAMs as defined by the state statutes. Gebrekidan v. City of Clarkston, 298 Ga. 651, 784 S.E.2d 373 (2016).

O.C.G.A. § 16-12-35 deals with pinball machines in isolated context of criminal gambling laws of Georgia. Total Vending Servs., Inc. v. Gwinnett County, 157 Ga. App. 28, 276 S.E.2d 89 (1981).

Gambling device.

- In Georgia, O.C.G.A. § 16-12-35 (d)(2) did not require success in every single play of the game in order for a player to carry over and redeem points accumulated during an earlier successful play of the machine or device. As such, the trial court did not err by using the long-established common meaning of the term "slot machine," i.e., an apparatus by which a person depositing money therein could, by chance, get directly or indirectly money or articles of value worth either more or less than the money deposited. Ultra Telecom, Inc. v. State, 288 Ga. 65, 701 S.E.2d 144 (2010).

Skill in operation of machine.

- There was no evidence that any of the gambling machines seized for civil forfeiture proceedings from stores involved some skill in the machine's operation as required under O.C.G.A. § 16-12-35(d)(1); the sole evidence was that a player simply pressed a button to play these machines. Patel v. State, 289 Ga. 479, 713 S.E.2d 381 (2011).

Statute did not void preexisting contracts.

- In a suit for tortious interference with contractual relations, the trial court erred by granting partial summary judgment against the owners of coin-operated amusement machines because O.C.G.A. § 50-27-70 et seq. did not void preexisting contracts and it was error to interpret the statute otherwise. All Star, Inc. v. Ga. Atlanta Amusements, LLC, 332 Ga. App. 1, 770 S.E.2d 22 (2015).

Cited in Total Vending Serv., Inc. v. Gwinnett County, 153 Ga. App. 109, 264 S.E.2d 574 (1980); Patel v. State of Ga., 341 Ga. App. 419, 801 S.E.2d 551 (2017); Jester v. Red Alligator, LLC, 344 Ga. App. 15, 806 S.E.2d 920 (2017); Ga. Lottery Corp. v. Tabletop Media, LLC, 346 Ga. App. 498, 816 S.E.2d 438 (2018).

OPINIONS OF THE ATTORNEY GENERAL

Coin-operated games.

- Only if a coin-operated game can register more than fifteen free replays and has a "trip switch" allowing games to be erased other than by reactivating the machine for additional plays is the device a prohibited gambling device; if such a game is for bona fide amusement purposes only, it is legal. However, the transfer of anything of value in exchange for a free replay on any coin operated device, whether or not the device constitutes a gambling device per se, is illegal. 1990 Op. Att'y Gen. No. 90-15 (decided prior to 1996 amendment).

Video slot machine which involves no skill in the machine's operation and offers a ticket for a value of up to $5.00 in merchandise is a "gambling device". 1996 Op. Att'y Gen. No. U96-18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gambling, § 74.

ALR.

- Coin-operated or slot machine other than slot vending machine which may be played for amusement only or which confines winner's reward to privilege of additional play or other form of amusement, as within anti-gambling provisions, 148 A.L.R. 879; 89 A.L.R.2d 815.

Coin-operated pinball machine or similar device, played for amusement only or confining reward to privilege of free replays, as prohibited or permitted by antigambling laws, 89 A.L.R.2d 815.

Cases Citing O.C.G.A. § 16-12-35

Total Results: 5  |  Sort by: Relevance  |  Newest First

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State v. Old South Amusements, Inc., 564 S.E.2d 710 (Ga. 2002).

Cited 25 times | Published | Supreme Court of Georgia | May 28, 2002 | 275 Ga. 274, 2002 Fulton County D. Rep. 1497

...SB2EX2, commonly known as the Video Poker Act, is unconstitutional. We hold that it is not, and reverse the trial court's judgment to the contrary. The Video Poker Act was adopted by the legislature and signed into law on September 15, 2001, to be effective January 1, 2002. The act amends OCGA §§ 16-12-20, 16-12-35, and 48-17-1, by criminalizing the use and possession of video poker amusement machines....
...It is aimed at stopping the illegal use of the machines for gambling activity in the form of cash payouts. Heretofore, the machines were lawful as long as they were designed and manufactured for "bona fide amusement purposes" involving "some skill" and "noncash" rewards. OCGA § 16-12-35(d)(1); see Webb v....
...State of Ga., 267 Ga. 754(1), 482 S.E.2d 344 (1997) (no need to conduct equal protection analysis unless plaintiff can show that he is similarly situated to members of a class who are treated differently from him). [5] In fact, subsections (e), (f), and (g) of OCGA § 16-12-35, which criminalize the giving of money in exchange for free replays, noncash awards, or the successful play of amusement machines, are all designed to curb illegal video game payouts....
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Patel v. State, 713 S.E.2d 381 (Ga. 2011).

Cited 18 times | Published | Supreme Court of Georgia | Jul 5, 2011 | 289 Ga. 479

...for a player to win. See OCGA § 16-12-20(1), (2)(A). [9] Defendants also contend that the machines at issue are "designed and manufactured only for bona fide amusement purposes," and thus are outside the definition of commercial gambling. See OCGA § 16-12-35(d)(1). [10] However, there is no evidence *387 that any of the machines at issue "involves some skill in its operation" as required under OCGA § 16-12-35(d)(1); the sole evidence was that a player simply pressed a button to play these machines....
...(2) "Gambling device" means: (A) Any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance; . . . [10] OCGA § 16-12-35(d)(1) reads: (d)(1) Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with: (...
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Damani v. State, 667 S.E.2d 372 (Ga. 2008).

Cited 18 times | Published | Supreme Court of Georgia | Sep 22, 2008 | 284 Ga. 372, 2008 Fulton County D. Rep. 2955

...plicable law, and the court's findings of fact and conclusions of law with respect to each game machine. The trial court concluded that four of the eleven game machines were gambling devices subject to condemnation pursuant to OCGA §§ 16-12-20 and 16-12-35, but that seven of the game machines were not. In the State's appeal, the only issue determined by the Court of Appeals was whether the game machines complied with the reward redemption scheme under OCGA § 16-12-35(d), thereby excepting them from condemnation. The Court of Appeals upheld the trial court's condemnation of the four game machines and then reversed the trial court regarding the remaining seven game machines and held that they too should be condemned for violating OCGA § 16-12-35(d)....
...t. Appellants then filed a post-judgment motion to supplement the record, which the Court of Appeals also denied. We granted appellants' petition for certiorari posing the following questions: (1) whether the game machines met the definition in OCGA § 16-12-35 for machines designed for bona fide amusement purposes; and (2) whether the Court of Appeals erred in denying the motions to supplement the record....
...in its 76-page decision. The Court of Appeals gave weight to the State's evidence when it specifically determined the State had carried its burden by showing by a preponderance of the evidence that the machines violated the redemption scheme in OCGA § 16-12-35(d)....
...On remand, the Court of Appeals shall grant appellants' motion to supplement and reissue an opinion in light of the supplemented record. 3. Because the judgment is vacated on the above-referenced grounds, we need not reach the question whether the game machines satisfied the redemption requirements of OCGA § 16-12-35....
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Gebrekidan v. City of Clarkston, 298 Ga. 651 (Ga. 2016).

Cited 10 times | Published | Supreme Court of Georgia | Mar 21, 2016 | 784 S.E.2d 373

...operated device that may be used for entertainment or amusement purposes. We granted Gebrekidan’s application to decide whether the State’s detailed statutory scheme regulating coin operated amusement machines (COAMs) and COAM businesses in Georgia, see OCGA §§ 16-12-35 and 50-27-70 to 50-27-104 (COAM Laws), preempts the City’s ordinance under the Uniformity Clause of the Georgia Constitution, see Ga....
...The superior court recognized, however, that the statutory scheme regulating the COAM industry is “voluminous,” and we conclude that the court erred in holding that this comprehensive general law did not preempt the local ordinance by implication. 9 OCGA § 16-12-35 creates an exception to Georgia’s criminal laws against gambling for certain coin operated games and other devices designed and manufactured for bona fide amusement purposes only, which are comprehensively regulated by the remainder of the COAM Laws in OCGA §§ 50-27-70 to 50-27-104....
...ken, ticket, card, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law....
...attempts to regulate them. See OCGA § 50-27-86.10 Two provisions authorize 10 OCGA § 50-27-86 says: In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this article, the governing authority of any county or municipal corporation shall be authorized to enact and enforce an ordinance which includes any or all of the following provisions: (1) Prohibiting the o...
...ion; (2) Requiring the owner or operator of a business location which offers to the public any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform all employees of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (3) Requiring the owner or possessor of any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform each location owner or location operator of the business location where such machine is located of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (4) Providing for the suspension or revocation of a license granted by such local 17 governing authority to manufacture, distribute, or sell alcoholic beverages or for the suspension or revocation of any other license granted by such local governing authority as a penalty for conviction of the location owner or location operator of a violation of subsection (e), (f), or (g) of Code Section 16-12-35, or both....
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Ultra Telecom, Inc. v. State, 701 S.E.2d 144 (Ga. 2010).

Cited 7 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 288 Ga. 65, 2010 Fulton County D. Rep. 3194

...We granted certiorari in these cases to address whether the seven video game machines at issue are illegal gambling devices subject to condemnation by the State, as found by the Court of Appeals based on the interpretation it gave to the phrase "a single play" pertaining to the non-cash redemption options set forth in OCGA § 16-12-35, State of Ga. v. Damani, 299 Ga.App. 112, 681 S.E.2d 635 (2009), or whether the game machines meet the definition in OCGA § 16-12-35 for coin operated games or devices designed and manufactured for bona fide amusement purposes only, as found by the trial court when it denied the State's petition to condemn these particular machines....
...By agreement of the parties, the trial court assessed the capabilities of eleven specific machines, as representatives of the whole, and, after making detailed findings of fact as to each machine, applied those facts to its legal construction of OCGA § 16-12-35....
...ion but instead were bona fide coin operated amusement games. Pertinent to this appeal, the trial court rejected the State's argument that these seven machines were illegal gambling devices because they violated the noncash redemption option in OCGA § 16-12-35 by exceeding the statutory $5 cap placed on noncash merchandise, prizes, toys, gift certificates, or novelties "received ......
...at (d)(2). The trial court held that a player "could play a Machine, win points, redeem said points earned in that game, and then play again" or the player could "play a Machine for several plays, allowing the points to accumulate as permitted in [OCGA § 16-12-35](d)(2), and then redeem[] the points in the form of token[s] or tickets for non-cash merchandise not to exceed $5 for a single play." Because each game machine "had a mechanism that determined the number of plays and provided the player with a certificate or voucher for noncash merchandise for $5 per play regardless of the number of points the player accumulated," the trial court found the game machines at issue "per se" complied with the redemption provisions of OCGA § 16-12-35. The Court of Appeals reversed the trial court as to these seven machines. The majority opinion was based on the holding that the trial court erred as a matter of law as to the legal interpretation it gave the phrase "a single play" in OCGA § 16-12-35....
...the player does not `cash out' at this point for a prize not to exceed $5 in value, he or she may only use accumulated winnings to start the game anew." Id. at 117, 681 S.E.2d 635. Further, correctly recognizing that the phrase "single play" in OCGA § 16-12-35(d)(2) must be construed to mean the same as a "single play of the game or device" in OCGA § 16-12-35(d)(1)(B), State of Ga. v. Damani, supra at 117(1)(b), 681 S.E.2d 635, the Court of Appeals held that "OCGA § 16-12-35(d)(2) does not allow for the accumulation of tokens, vouchers, or tickets in amounts exceeding $5 for a single play of the game or device" (emphasis supplied), id., a conclusion it found necessary to avoid rendering the $5 limitation on noncash merchandise in OCGA § 16-12-35(d)(1)(B) "meaningless." State of Ga....
...ence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35 after each play. Ga. L. 2010, p. 470/SB 454 § 1. With this amendment to OCGA § 48-17-1, which specifically defines the language in OCGA § 16-12-35 at issue in these appeals, the Legislature clarified its intent as to the meaning of "a single play" both as it pertains to the statutory $5 cap placed on rewards of noncash merchandise, prizes, toys, gift certificates, or novelties in OCGA § 16-12-35(d)(1)(B) and as to that term's usage in the noncash redemption provision in OCGA § 16-12-35(d)(2). State of Ga. v. Damani, supra, 299 Ga.App. at 117(1), 681 S.E.2d 635(b) (OCGA § 16-12-35(d)(1) and (2) must be read in harmony and "a single play" construed the same in both subsections)....
...sonant with the Legislature's definition of that term as set forth in this recent legislation. It follows that the Court of Appeals majority erred by reversing the trial court on the basis that it failed to properly interpret a "single play" in OCGA § 16-12-35. 2. In a special concurrence to the Court of Appeals' opinion, Judge Adams disagreed with the majority's definition of "a single play" on the basis that it would necessarily exclude the free replays allowed under OCGA § 16-12-35(b), (d)(1). State of Ga. v. Damani, supra, 299 Ga.App. at 121, 681 S.E.2d 635. However, the special concurrence found the seven game machines at issue to constitute illegal gambling devices based on the language in OCGA § 16-12-35(d)(2)....
...prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets received does not exceed $5.00 for a single play. Id. The special concurrence, focusing on the phrase "successful play" in the first sentence of OCGA § 16-12-35(d)(2), reasoned that players are allowed under the remaining sentences to redeem accumulated tokens, vouchers or tickets received only for each "single play" that is successful....
...reviously-accumulated points even though the player won no points or an insufficient amount of points in those subsequent games. The special concurrence thus necessarily determined that "successful" modified "play" in the remaining sentences in OCGA § 16-12-35(d)(2), even though "successful" appears only in the first sentence of that subsection. The Legislature could have but chose not to modify the subsequent references to "play" in OCGA § 16-12-35(d)(2) with the word "successful." The absence of this modifier lends itself to the reasonable interpretation that subsequent single plays need not be subsequent successful single plays in order for a player to redeem noncash merchandise capped at $5 for each subsequent play....
...ingle game and then carry over those winnings to subsequent plays without regard to the player's success or lack thereof in those games. The rules of statutory construction are well established in situations such as these. [W]e first note that [OCGA § 16-12-35] is a criminal statute....
...criminal liability must be adopted. [Cits.] This rule applies even though a criminal statute is being construed in a civil context. [Cits.] Fleet Finance, Inc. v. Jones, 263 Ga. 228, 231(3), 430 S.E.2d 352 (1993). Because the construction given OCGA § 16-12-35(d)(2) by the special concurrence is not the interpretation most favorable to appellants, who are faced with the condemnation of these game machines by the State on the basis that they are illegal gambling devices, we decline to adopt the special concurrence's interpretation. Applying, as we must, the most favorable interpretation, we hold that OCGA § 16-12-35(d)(2) does not require success in every single play of the game in order for a player to carry over and redeem points accumulated *148 during an earlier successful play of the machine or device. 3. (a) Although the Court of Appeals did not reach the issue, see State of Ga. v. Damani, supra, 299 Ga.App. at 118(1)(c), 681 S.E.2d 635, our holding above makes it necessary for us to address the State's contention that OCGA § 16-12-35 is not applicable to the game machines at issue and the trial court's ruling should be reversed because the machines are illegal gambling devices as defined in OCGA § 16-12-20(2)(B), (C) and (D)....
...2-20(2)(B) to go beyond the traditional definition of "slot machine" so as to create an absolute prohibition, such that no game or device that possesses slot machine characteristics may ever qualify as a bona fide amusement game or device under OCGA § 16-12-35 even if it requires the exercise of considerable skill in its operation to obtain rewards and complies with the redemption provisions in subsection (d)(2) of that statute....
...(b) Finally, the State argues that no actual skill is involved in the playing of these games, claiming the skill involved is "illusory" and designed to hide the fact that these are only games of chance. The State's argument must be viewed in light of the Legislature's definition of "some skill" as that phrase is used in OCGA § 16-12-35....
...If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the "some skill" requirement of this Code section. The skill level involved in the play of the game machines at issue is unquestionably low. However, as the above-cited language in OCGA § 16-12-35(a) reflects, the Legislature set the requisite skill level extremely low when it defined "some skill" so as to encompass essentially any action by a player "to affect in some way the outcome of the game played." Id....
...However, "the courts are not permitted to concern themselves with the wisdom of an act, ... but are confined to settled principles of law under the long-established general rule...." Mayes v. Daniel, 186 Ga. 345, 350(1), 198 S.E. 535 (1938). Because the machines at issue in these appeals meet the definition in OCGA § 16-12-35 for coin operated games or devices designed and manufactured for bona fide amusement purposes only, the Court of Appeals erred by reversing the trial court's holding that these machines are not subject to condemnation by the State....
...In connection with this prohibition, the Legislature has specifically defined the manner in which "a coin operated game or device designed and manufactured for bona fide amusement purposes" may be used without the machine being subject to condemnation by the State as an illegal gambling device. OCGA §§ 16-12-35; 16-12-32. Because the machines at issue here are illegal gambling devices, in that they do not comport with the plain restrictions for "bona fide coin operated amusement games or devices" as defined in OCGA § 16-12-35(d)(2), I must respectfully dissent from the majority's erroneous conclusion that the State was not entitled to condemn the machines involved here. OCGA § 16-12-35(d)(2) provides: A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection [4] may accumulate *150 winnings for the successful play of such bona fide coin operated amusement games or devices through tokens, vouchers, points, or tickets....
...A player "may accumulate winnings for the successful play of [a] bona fide coin operated amusement game[] or device[] through tokens, vouchers, points, or tickets," and accrued points may be "carr[ied] over... on one play to subsequent plays." OCGA § 16-12-35(d)(2)....
...112, 119-120, 681 S.E.2d 635 (2009) (Adams, J., concurring specially). In other words, the machines allowed players to redeem their accumulated point totals in an amount that "exceed[s] $5.00 for a single play" in direct violation of the plain language of OCGA § 16-12-35(d)(2)....
...t in excess of $5 for a single play and would render the constitutional prohibition against gambling meaningless. Contrary to the majority's contentions, this analysis has nothing to do with the interpretation of the phrase "successful play" in OCGA § 16-12-35(d)(2)....
...ubject matter, must be construed together." Willis v. City of Atlanta, 285 Ga. 775, 776(2), 684 S.E.2d 271 (2009). This rule of statutory construction is particularly apt here where the newly enacted OCGA § 48-17-1(7.1) specifically references OCGA § 16-12-35 as the source for the term "single play" that it is defining....
...simulation or variation of any of the foregoing, including, but not limited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an equivalent or substitute for cards in the conduct of such game. [4] OCGA § 16-12-35(d)(1) provides: Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with: (A) F...