O.C.G.A. § 16-12-57 (2019)
Restrictions as to ownership of premises utilized
Bingo games shall be operated only on premises owned by the nonprofit, tax-exempt organization operating the bingo game, on property leased by the nonprofit, tax-exempt organization and used regularly by that organization for purposes other than the operation of a bingo game, or on property leased by the nonprofit, tax-exempt organization operating the bingo game from another nonprofit, tax-exempt organization.
History
Ga. L. 1977, p. 1164, § 4.
Annotations
JUDICIAL DECISIONS Intent of Constitutional provision. - Georgia Constitution is not intended to authorize full-time, professional bingo operations. Rather, it is intended to allow only nonprofit organizations to benefit from bingo, and to extent bingo proceeds are diverted from nonprofit groups this intent has been frustrated. St. John’s Melkite Catholic Church v. Commissioner
of Revenue, 240 Ga. 733, 242 S.E.2d 108, 1978 Ga. LEXIS 816 (1978). Constitutionality of classification of types of premises. - Classification of types of premises based on whether owner is a nonprofit organization or not is based on a rational distinction which serves to further the purposes of Ga. L. 1977, p. 1164, § 4 (see now O.C.G.A. § 16-12-57).
OFFENSES/HEALTH & MORALS
This is not a denial of equal protection or due process, and whether or not distinctions drawn in section are imperfectly related to goals desired does not make section invalid. St. John’s Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108, 1978 Ga. LEXIS 816 (1978). When nonprofit group may operate bingo game on premises rented from profit-making corporation. - Only if
nonprofit group regularly uses premises for purposes other than bingo can group rent premises from profit-making corporation, or an individual. St. John’s Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108, 1978 Ga. LEXIS 816 (1978).