 |
|
|
| Georgia General Assembly |
SB18.html
01 LC 21 6078
Senate Bill
18
By: Senators Beatty of the 47th, Cheeks
of the 23rd, Cagle of the 49th and Mullis of the
53rd
A BILL TO BE
ENTITLED
AN ACT
To amend Part 1 of Article 2 of Chapter 12 of Title 16 of
the Official Code of Georgia Annotated, relating to gambling, so as to provide
that coin operated video games which display images of ordinary playing cards
and video games which operate in the manner of slot machines whereby the goal is
to match two or more like images shall not be considered to be designed and
manufactured for bona fide amusement purposes only and shall be considered
gambling devices subject to the provisions of said part; to provide that any
coin operated game or device which is involved in a violation of Code Section
16-12-35 shall be considered a gambling device, declared to be contraband, and
subject to seizure and confiscation by any state or local authority within whose
jurisdiction the same may be found as provided in Code Section 16-12-30; to
provide that any person who commits a violation of certain provisions of Code
Section 16-12-35 after having previously been convicted of a violation of any
such provisions of said Code section shall be guilty of a felony; to provide
penalties; to amend Chapter 17 of Title 48 of the Official Code of Georgia
Annotated, relating to coin operated amusement machines, so as to change a
certain reference; to change the definition of a certain term; to provide that
the state revenue commissioner shall refuse to issue or renew a master license
and shall revoke a master license issued under said chapter for certain
violations of Code Section 16-12-35; to change the penalty fee for coin operated
amusement machines in operation without a permit sticker; to provide for law
enforcement agencies to notify the state revenue commissioner of arrests for
violations of Code Section 16-12-35; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 12 of Title 16 of the
Official Code of Georgia Annotated, relating to gambling, is amended by striking
in its entirety Code Section 16-12-35, relating to the applicability of said
part, and inserting in lieu thereof a new Code Section 16-12-35 to read as
follows:
"16-12-35.
(a)
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.
(a.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 Code Section
48-17-1. 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.
(b) Except as
otherwise provided in subsection (e) of this Code section, nothing
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.
(c)(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:
(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) 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
(F) 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.
(d)(1) Except as otherwise provided in
subsection (e) of this Code section, nothing 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) Free replays;
(B)
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;
(C) 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
(D) 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.
(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.
(e) Coin operated
video games which display images of ordinary playing cards and video games which
operate in the manner of slot machines whereby the goal is to match two or more
like images shall not be considered to be designed and manufactured for bona
fide amusement purposes only and shall be considered gambling devices subject to
the provisions of this
part.
(f) Notwithstanding any other
provisions of this Code section, any coin operated game or device which is
involved in a violation of this Code section shall be considered a gambling
device, declared to be contraband, and subject to seizure and confiscation by
any state or local authority within whose jurisdiction the same may be found as
provided in Code Section
16-12-30.
(e)(g) 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.
(f)(h) Except as
otherwise provided in subsection (j) of this Code section, any
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.
(g)(i) Except as
otherwise provided in subsection (j) of this Code section, any
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.
(j) Any person who commits a violation of
subsection (g), (h), or (i) of this Code section after having previously been
convicted of any violation under such subsections shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than five years or by a fine not to exceed $10,000.00, or
both."
SECTION 2.
Chapter 17 of Title 48 of the Official Code of Georgia
Annotated, relating to coin operated amusement machines, is amended by striking
in its entirety subparagraph (A) of paragraph (2) of Code Section 48-17-1,
relating to definitions applicable to said chapter, and inserting in lieu
thereof a new subparagraph (A) to read as
follows:
"(A)
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, 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)(j) 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:
(i) Pinball
machines;
(ii) Console
machines;
(iii) Video games, except video games
which display images of ordinary playing cards and video games which operate in
the manner of slot machines whereby the goal is to match two or more like images
and which are considered gambling devices pursuant to subsection (e) of Code
Section 16-12-35;
(iv) Crane
machines;
(v) Claw
machines;
(vi) Pusher
machines;
(vii) Bowling
machines;
(viii) Novelty arcade
games;
(ix) Foosball or table soccer
machines;
(x) Miniature racetrack, football, or golf
machines;
(xi) Target or shooting gallery
machines;
(xii) Basketball
machines;
(xiii) Shuffleboard
games;
(xiv) Kiddie ride
games;
(xv) Skeeball
machines;
(xvi) Air hockey
machines;
(xvii) Roll down
machines;
(xviii) Trivia
machines;
(xix) Laser
games;
(xx) Simulator
games;
(xxi) Virtual reality
machines;
(xxii) Matchup or lineup games which require
the player to use skill stops to complete the
game;
(xxiii) Maze
games;
(xxiv) Racing
games;
(xxv) Coin operated pool tables or coin
operated billiard tables as defined in paragraph (3) of Code Section 43-8-1;
and
(xxvi) Any other similar amusement machine which
can be legally operated in Georgia;
and".
SECTION 3.
Said chapter is further amended by adding at the end of Code
Section 48-17-4, relating to the authority of the state revenue commissioner to
refuse to issue or renew a license or to revoke or suspend a license, a new
subsection (e) to read as
follows:
"(e)(1)
The commissioner shall refuse to issue or renew a master license and shall
revoke a master license issued under this chapter if the licensee or applicant
has been convicted of a violation of Code Section 16-12-35 on or after July 1,
2002.
(2) The commissioner shall refuse to issue or
renew a master license and shall revoke a master license issued under this
chapter if the licensee or applicant has had two or more employees convicted of
a violation of Code Section 16-12-35 on or after July 1, 2002, or has had one
employee convicted twice of a violation of Code Section 16-12-35 on or after
July 1, 2002."
SECTION 4.
Said chapter is further amended by striking in its entirety
Code Section 48-17-11, relating to permit fees for additional coin operated
amusement machines and penalty fees, and inserting in lieu thereof a new Code
Section 48-17-11 to read as
follows:
"48-17-11.
If
an owner purchases or receives additional coin operated machines during the
calendar year, the $25.00 permit fee shall be paid to the commissioner and the
sticker shall be affixed to the machine or placed at the location where the
machine is located before the machine may be legally operated. A penalty fee of
$50.00 $100.00 shall be assessed by the commissioner for
every machine in operation without a permit
sticker."
SECTION 5.
Said chapter is further amended by adding at the end of Code
Section 48-17-12, relating to administration of said chapter, a new subsection
(d) to read as
follows:
"(d)
A local law enforcement agency shall notify the commissioner of any arrest for a
violation of Code Section
16-12-35."
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.