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

16-12-60. Rules and regulations.

A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted:
1. An itemized list of the gross receipts for each session;
2. An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses;
3. A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $50.00 or more in value;
4. An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and
5. A record of the number of persons who participate in any bingo session conducted by the licensee.
A licensee shall:
1. Own all the equipment used to conduct a bingo game or lease such equipment;
2. Display its bingo license conspicuously at the location where the bingo game is conducted;
3. Conduct bingo games only at the single location specified in the licensee's application; and
4. Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours.
No nonprofit, tax-exempt organization shall enter into any contract with any individual, firm, association, or corporation to have such individual, firm, association, or corporation operate bingo games or concessions on behalf of the nonprofit, tax-exempt organization.
A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a bingo game in which said nonprofit, tax-exempt organization is not directly and solely operating the bingo game.
It shall be unlawful for two or more nonprofit, tax-exempt organizations which are properly licensed pursuant to this part to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period.
It shall be unlawful to award prizes in excess of $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limitation at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limitation contained in this Code section. The term "equivalent value" shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.
No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day.
No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.
A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day.

(Ga. L. 1977, p. 1164, § 8; Ga. L. 1978, p. 853, §§ 4, 6, 6A, 6B, 7; Ga. L. 1979, p. 1265, § 1; Ga. L. 1986, p. 511, §§ 1, 2; Ga. L. 2001, p. 1036, § 1; Ga. L. 2003, p. 335, § 1; Ga. L. 2003, p. 411, § 2; Ga. L. 2016, p. 256, § 2/SB 316.)

The 2016 amendment, effective July 1, 2016, in subsection (f), deleted "$1,500.00 in cash or gifts of equivalent value during any calendar day or" following "excess of" near the beginning of the first sentence and substituted "limitation" for "limits" in the second and third sentences.

JUDICIAL DECISIONS

Intent of Constitutional provision.

- Georgia Constitution is not intended to authorize full-time, professional bingo operations. Rather, the amendment 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).

Subsection (d) does not deny any right to legitimate uses of names or identities.

- Provisions prohibiting lending of organization's name to individual firm, association, or corporation which is not a nonprofit organization in a situation which will result in false or misleading promotions or advertisements, or promotions, or advertisements of unlawful bingo games, and does not deny any right to legitimate uses of names or identities. St. John's Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108 (1978).

The 18-hour restriction serves to prevent establishment of full-time bingo parlors by limiting amount of use any premises receive. This is consistent with Ga. Const. 1976, Art. I, Sec. II, Para. XI (see now Ga. Const. 1983, Art. I, Sec. II, Para. VIII), the "bingo amendment," and does not deny equal protection, since it treats all organizations equally. Fact that game played by another organization prevents second group from playing for 18 hours does not treat second group differently, because the earlier group had to comply with the same restriction. St. John's Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108 (1978).

Last sentence of subsection (f) merely sets forth accurate statement of meaning of "equivalent value" as used in this subsection and in Ga. Const. 1976, Art. I, Sec. II, Para. XI (see now Ga. Const. 1983, Art. I, Sec. II, Para. VIII). St. John's Melkite Catholic Church v. Commissioner of Revenue, 240 Ga. 733, 242 S.E.2d 108 (1978).

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