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| Georgia General Assembly |
SB2EX2.html
01 SB2EX2/AP
Senate
Bill 2EX2
By: Senators Thompson of the
33rd, Starr of the 44th, Walker of the 22nd,
Stokes of the 43rd, Tanksley of the 32nd, and
others
AS PASSED
AN ACT
To amend Part 1 of Article 2 of Chapter 12 of Title 16 of
the Official Code of Georgia Annotated, relating to crimes involving gambling,
so as to prohibit as gambling devices certain video poker games and devices and
certain other games and devices; to provide that such gambling devices shall not
be permitted under provisions legalizing certain amusement devices; to provide
that certificates or other evidence of winning on certain other games and
devices must be redeemable only where the game or device is located; to define
crimes and declare penalties; to provide that the prizes awarded on such other
games and devices may not include certain items; to amend Chapter 17 of Title 48
of the Official Code of Georgia Annotated, relating to licensing and taxation of
coin operated amusement machines, so as to make a conforming change; to provide
for related matters; to state legislative intent with respect to effect on
maritime vessels; to provide an effective date and for applicability; 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 crimes involving gambling, is
amended in Code Section 16-12-20, relating to definitions, by striking paragraph
(2) and inserting in its place a new paragraph to read as
follows:
"(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;
(B) Any slot machine or any simulation or
variation thereof;
(C) Any matchup or lineup game
machine or device, operated for any consideration, in which two or more
numerals, symbols, letters, or icons align in a winning combination on one or
more lines vertically, horizontally, diagonally, or otherwise, without
assistance by the player. Use of skill stops shall not be considered assistance
by the player; or
(D) Any video game machine or
device, operated for any consideration, for the play of poker, blackjack, any
other card game, or keno or any 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.
Any item
described in subparagraph (B), (C), or (D) of this paragraph shall be a
prohibited gambling device subject to and prohibited by this part,
notwithstanding any inference to the contrary in any other law of this
state."
SECTION 2.
Said part is further amended by striking Code Section
16-12-35, relating to applicability of said part, and inserting in its place a
new Code section 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) 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.
(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) 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 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.
(e)
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) 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) 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.
(h) 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.
(i) 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 or any lottery ticket or other item enabling
participation in any lottery. Any person who violates this subsection shall be
guilty of a misdemeanor of a high and aggravated
nature."
SECTION 3.
Chapter 17 of Title 48 of the Official Code of Georgia
Annotated, relating to licensing and taxation of coin operated amusement
machines, is amended in Code Section 48-17-1, relating to definitions, by
striking subparagraph (A) of paragraph (2) and inserting in its place a new
subparagraph (A) to describe examples of bona fide coin operated amusement
machines and 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) 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;
(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) Maze
games;
(xxiii) Racing
games;
(xxiv) Coin operated pool tables or coin
operated billiard tables as defined in paragraph (3) of Code Section 43-8-1;
and
(xxv) Any other similar amusement machine which
can be legally operated in Georgia;
and".
SECTION 4.
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.
SECTION 5.
(a) Except as limited in subsection (b) of this section,
this Act shall become effective on January 1, 2002.
(b)
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.
SECTION 6.
All laws and parts of laws in conflict with this Act are
repealed.