House Bill 1373
By: Representatives Ridley of the 22nd, Ridley of the 6th, Horner of the 3rd, and Douglas of
the 78th
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 revise certain exceptions from the criminal
prohibitions on gambling for coin operated amusement machines; to expand such exceptions
to coin operated amusement machines that may be operated for the play of poker, blackjack,
any other card game, or keno; to provide for conforming changes; to provide for related
matters; 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 in Code Section 16-12-20, relating to definitions regarding
gambling, by revising paragraph (2) 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; <ins>or
</ins> (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; <del>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.
</del> Any item described in subparagraph (B), <ins>or</ins> (C), <del>or (D)</del> 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 in Code Section 16-12-35, relating to applicability of part and
penalty for violation, by revising subsection (b) and paragraph (1) of subsection (d) as
follows:
"(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), or (C), <del>or (D)</del> of paragraph (2) of Code
Section 16-12-20."
"(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),
<ins>or</ins> (C), <del>or (D)</del> of paragraph (2) of Code Section 16-12-20."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.