TITLE 50 STATE GOVERNMENT

Section 27. Lottery for Education, 50-27-1 through 50-27-104.

ARTICLE 3 BONA FIDE COIN OPERATED AMUSEMENT MACHINES

50-27-70. Legislative findings; definitions.

The General Assembly finds that the ability to operate a bona fide coin operated amusement machine business in this state constitutes a privilege and not a right. Further, in order to prevent the unregulated operation of the bona fide coin operated amusement machine business, the General Assembly is enacting the procedural enhancements of this article which will aid in the enforcement of the tax obligations that arise from the operation of bona fide coin operated amusement machine businesses as well as prevent unauthorized cash payouts. The General Assembly finds that the bona fide coin operated amusement machine business can be conducted in a manner to safeguard the fiscal soundness of the state, enhance public welfare, and support the need to educate Georgia's children through the HOPE scholarship program and pre-kindergarten funding authorized by Article I, Section II, Paragraph VIII of the Constitution.
As used in this article, the term:
1. "Applicant" or "licensee" means an owner, including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself.
2. 1. "Bona fide coin operated amusement machine" means every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, 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. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following:
    1. Pinball machines;
    2. Console machines;
    3. Video games;
    4. Crane machines;
    5. Claw machines;
    6. Pusher machines;
    7. Bowling machines;
    8. Novelty arcade games;
    9. Foosball or table soccer machines;
    10. Miniature racetrack, football, or golf machines;
    11. Target or shooting gallery machines;
    12. Basketball machines;
    13. Shuffleboard games;
    14. Kiddie ride games;
    15. Skeeball machines;
    16. Air hockey machines;
    17. Roll down machines;
    18. Trivia machines;
    19. Laser games;
    20. Simulator games;
    21. Virtual reality machines;
    22. Maze games;
    23. Racing games;
    24. Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and
    25. Any other similar amusement machine which can be legally operated in Georgia.
    The term also means a machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object such as jukeboxes or other similar types of music machines.
  2. The term "bona fide coin operated amusement machine" does not include the following:
    1. Coin operated washing machines or dryers;
    2. Vending machines which for payment of money dispense products or services;
    3. Gas and electric meters;
    4. Pay telephones;
    5. Pay toilets;
    6. Cigarette vending machines;
    7. Coin operated scales;
    8. Coin operated gumball machines;
    9. Coin operated parking meters;
    10. Coin operated television sets which provide cable or network programming;
    11. Coin operated massage beds; and
    12. Machines which are not legally permitted to be operated in Georgia.
3. "Class A machine" means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and:
  1. Provides no reward to a successful player;
  2. Rewards a successful player only with free replays or additional time to play;
  3. Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35;
  4. Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or
  5. Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph.
4. "Class B machine" means a bona fide coin operated amusement machine that allows a successful player to accrue points on the machine and carry over points won on one play to a subsequent play or plays in accordance with paragraph (2) of subsection (d) of Code Section 16-12-35 and:
  1. Rewards a successful player in compliance with the provisions of paragraphs (1) and (2) of subsection (d) of Code Section 16-12-35; and
  2. Does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35.
5. "Distributor" means a person, individual, partnership, corporation, limited liability company, or any other business entity that buys, sells, or distributes Class B machines to or from operators.
6. "Location license" means the initial and annually renewed license which every location owner or location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state.
7. "Location license fee" means the fee paid to obtain the location license.
8. "Location owner or location operator" means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public.
9. "Manufacturer" means a person, individual, partnership, corporation, limited liability company, or any other business entity that supplies and sells major components or parts, including software, hardware, or both, to Class B machine distributors or operators.
10. "Master license" means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state.
  (10.1) "Master licensee" means any person that has lawfully applied for and received a master license.
11. "Net receipts" means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for bona fide malfunctions of the amusement machine.
12. "Operator" means any person, individual, firm, company, association, corporation, or other business entity that exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state.
13. "Owner" means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state.
14. "Permit fee" means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state.
15. "Person" means an individual, any corporate entity or form authorized by law including any of its subsidiaries or affiliates, or any officer, director, board member, or employee of any corporate entity or form authorized by law.
16. "Single play" or "one play" means the completion of a sequence 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, cards, 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 (d)(1)(A) through (d)(1)(D) of Code Section 16-12-35 after each play.
17. "Slot machine or any simulation or variation thereof" means 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 solely by chance, whether or not a prize is automatically paid by the contrivance.
18. "Sticker" means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee.
19. "Successful player" means an individual who wins on one or more plays of a bona fide coin operated amusement machine.
20. "Temporary location permit" means the permit which every location owner or location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses.

(Code 1981, §48-17-1, enacted by Ga. L. 1992, p. 1521, § 3; Ga. L. 1995, p. 10, § 48; Ga. L. 1998, p. 128, § 48; Ga. L. 1998, p. 563, § 2; Ga. L. 1999, p. 1223, § 1; Ga. L. 2001, Ex. Sess., p. 312, § 3; Ga. L. 2005, p. 60, § 48/HB 95; Ga. L. 2010, p. 9, § 1-88/HB 1055; Ga. L. 2010, p. 470, § 1/SB 454; Ga. L. 2012, p. 1136, § 3/SB 431; Code 1981, §50-27-70, as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487; Ga. L. 2013, p. 141, § 48/HB 79; Ga. L. 2014, p. 866, § 50/SB 340; Ga. L. 2015, p. 39, § 1/SB 190.)

The 2012 amendment, effective May 2, 2012, in paragraph (2.2), at the end of the introductory language, added ", does not allow a successful player to carry over points won on one play to a subsequent play or plays," and deleted "or" at the end of subparagraph (2.2)(A), in subparagraph (2.2)(B), inserted "only" near the beginning and added a semicolon at the end, and added subparagraphs (2.2)(C) through (2.2)(E); and rewrote paragraph (2.3).

The 2013 amendments. The first 2013 amendment, effective April 10, 2013, redesignated former Code Section 48-17-1 as present Code Section 50-27-70, and rewrote this Code section. See Editor's notes for applicability. The second 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language and arranged paragraphs in alphabetical order in this Code section. See Editor's notes for extent of application.

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, revised language in subparagraph (b)(2)(A).

The 2015 amendment, effective July 1, 2015, added paragraph (b)(10.1).

Code Commission notes.

- The amendment of this Code section by Ga. L. 2010, p. 9, § 1-88, irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 470, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

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. 2012, p. 1136, § 4/SB 431, not codified by the General Assembly, provides in part that this Code section shall apply to conduct that occurs on and after May 2, 2012. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before May 2, 2012, shall be prosecuted and punished under the statutes in effect at the time the offense was committed.

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." As of May 31, 2018, no such decision has been issued.

Ga. L. 2013, p. 141, § 54(f)/HB79, not codified by the General Assembly, provides that: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to paragraphs (8) and (9) of this Code section by Ga. L. 2013, p. 141, § 48/HB 79 was not given effect in this Code section.

JUDICIAL DECISIONS

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).

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 (COAM) 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 COAM as defined by the state statutes. Gebrekidan v. City of Clarkston, 298 Ga. 651, 784 S.E.2d 373 (2016).

Conversion of amusement machine into gambling machine.

- Judgment approving forfeiture was affirmed because by giving players cash and lottery tickets as rewards for winning games on the amusement machines, the gas station employees effectively converted the machines into gambling devices under O.C.G.A. § 16-12-32(b)(4), which clearly violated the gambling laws of Georgia prohibiting cash payouts for winning games on machines when the winnings are determined by chance even if the games involve an element of skill. Patel v. State of Ga., 341 Ga. App. 419, 801 S.E.2d 551 (2017).

Tablet was not coin-operated amusement machine.

- Tablet used by restaurant customers was not a coin-operated amusement machine (COAM) under O.C.G.A. § 50-27-70(2)(A); although the premium component of the tablets required payment, and that component depended on the skill of the player, the tablets could be used without payment for other purposes, including ordering and paying for food. Ga. Lottery Corp. v. Tabletop Media, LLC, 346 Ga. App. 498, 816 S.E.2d 438 (2018).

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