Senate Bill 208
By: Senator Hickman of the 4th
A BILL TO BE ENTITLED
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
so as to authorize and provide for the regulation and taxation of sports betting in this state;
to provide for additional powers and duties of the Georgia Lottery Corporation; to provide
for the corporation to engage in certain activities related to sports betting; to provide for a
short title; to provide for legislative findings; to revise and provide for definitions; to provide
for the corporation's powers and duties relative to sports betting; to provide for the
procedures, limitations, requirements, and qualifications of the licensing of any person
offering, operating, or managing sports betting in this state; to provide for rules and
regulations promulgated by the corporation; to provide for a privilege tax; to require certain
reports; to regulate wagers and provide requirements for bettors; to provide for bettors to
restrict themselves from placing certain wagers; to provide certain resources for individuals
with problem gambling or a betting or gambling disorder; to provide for the collection and
disposition of fees and fines; to prohibit certain conduct by the corporation, employees of the
corporation, licensees, and other persons; to provide for certain penalties; to provide for
construction; 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 exclude any consideration paid to a sports
betting licensee from the definition of "bet"; to provide for the exemption of persons licensed
for online sports betting from regulations and restrictions regarding gambling information;
to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and
taxation, so as to exempt wagers placed as part of sports betting; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Code Section 50-27-3, relating to definitions for the "Georgia Lottery for Education Act,"
by revising paragraphs (13) and (20) and adding a new paragraph to read as follows:
"(13) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance
approved by the board and operated pursuant to this chapter, including, but not limited
to, instant tickets, <del>on-line</del> <ins>online</ins> games, <ins>online sports betting,</ins> and games using
mechanical or electronic devices but excluding pari-mutuel betting and casino gambling
as defined in this Code section."
"(20) 'Pari-mutuel betting' means a method or system of wagering on actual races
involving horses or dogs at tracks which involves the distribution of winnings by pools.
Such term shall not mean lottery games which may be predicated on a horse racing or dog
racing scheme that does not involve actual track events. Such term shall not mean <ins>the
lottery game of sports betting or</ins> traditional lottery games which may involve the
distribution of winnings by pools."
<ins>"(23.1) 'Sports betting' shall have the same meaning as provided in Code Section
50-27-122."
</ins>
SECTION 1-2.
Said title is further amended in Code Section 50-27-9, relating to general powers of the
Georgia Lottery Corporation, by revising paragraphs (18) and (19) of subsection (a) and
adding a new paragraph to read as follows:
"(18) To act as a retailer, to conduct promotions which involve the dispensing of lottery
tickets or shares, and to establish and operate a sales facility to sell lottery tickets or
shares and any related merchandise; <del>and
</del> <ins>(19) To perform any actions and carry out any responsibilities provided for in Article 4
of this chapter; and
</ins> <del>(19)(20)</del> To adopt and amend such regulations, policies, and procedures as necessary to
carry out and implement its powers and duties, organize and operate the corporation,
regulate the conduct of lottery games in general, and any other matters necessary or
desirable for the efficient and effective operation of the lottery or the convenience of the
public. The promulgation of any such regulations, policies, and procedures pursuant to
this article and Article 2 of this chapter shall be exempt from the requirements of Chapter
13 of this title, the 'Georgia Administrative Procedure Act.' Notwithstanding any other
provision of law to the contrary, hearings related to any dispute between licensees under
Code Section 50-27-102 shall be held in accordance with the provisions of Part 1 of
Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.' All other hearings and
any rules, regulations, policies, or procedures related to the administration, enforcement,
or violation of this article shall be subject to the provisions of Chapter 13 of this title."
PART II
SECTION 2-1.
Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia
Lottery for Education Act," to read as follows:
<ins>"ARTICLE 4
Part 1
50-27-120.
This article shall be known and may be cited as the 'Georgia Lottery Game of Sports
Betting Act.'
50-27-121.
The General Assembly finds that:
(1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia
authorizes the General Assembly to provide by law for any matters relating to purposes
or provisions of that subparagraph, which purposes and provisions include the operation
and regulation of a lottery or lotteries and which purposes and provisions may encompass
sports betting as a game or games offered by the Georgia Lottery Corporation;
(2) Sports betting shall be overseen and regulated, and may also be offered, by the
Georgia Lottery Corporation in a manner that provides continuing entertainment to the
public, maximizes revenues, and ensures that sports betting is operated in this state with
integrity and dignity and free of political influence;
(3) The corporation shall be accountable to the General Assembly and to the public for
the management and oversight of sports betting in this state through a system of audits
and reports;
(4) The ability to offer sports betting in this state under a license issued in accordance
with this article constitutes a taxable privilege and not a right;
(5) Net proceeds of sports betting conducted pursuant to this article shall be used for the
purposes authorized by Article I, Section II, Paragraph VIII of the Constitution of
Georgia; and
</ins>
<ins>(6) In accordance with Code Section 50-27-2, sports betting shall be conducted in a
manner so as to safeguard the fiscal soundness of the state, to enhance public welfare, and
to support the funding authorized by Article I, Section II, Paragraph VIII of the
Constitution of Georgia.
50-27-122.
As used in this article, the term:
(1) 'Adjusted gross income' means the total of all moneys paid to a licensee as bets minus
federal excise taxes and minus the total amount paid out to winning bettors, including the
cash value of merchandise.
(2) 'Applicant' means any person that applies for a license under this article.
(3) 'Bettor' means an individual who is:
(A) Physically present in this state when placing a wager with a licensee;
(B) Twenty-one years of age or older; and
(C) Not prohibited from placing a wager or bet under Code Section 50-27-162.
(4) 'Bond' means a bond held in escrow for the purpose of maintaining adequate reserves
to account for losses suffered by a licensee and owed to bettors.
(5) 'Cheating' means improving the chances of winning or altering the outcome through
deception, interference, or manipulation of a sporting event or of any equipment,
including software, pertaining to or used in relation to the equipment used for or in
connection with the sporting event on which wagers are placed or invited. Such term
shall include match fixing and attempts and conspiracy to cheat.
(6) 'Collegiate sporting event' means a sporting or athletic event involving a sports or
athletic team of a public or private institution of higher education.
(7) 'Esports event' means an organized video game competition between players who
play individually or as teams.
</ins>
<ins>(8) 'Fantasy or simulated contest' means a game or event in which one or more players
compete based on winning outcomes that reflect the relative knowledge and skill of the
players and are determined predominately by accumulated statistical results of the
performance of individuals, including, but not limited to, athletes in sporting events.
(9) 'Fixed-odds betting' means bets made at predetermined odds or on the spread where
the return to the bettor is unaffected by any later change in odds or the spread.
(10) 'Futures bet' means a wager made on the occurrence of an event in the future
relating to a sporting event.
(11) 'Institutional investor' means:
(A) A retirement fund administered by a public agency for the exclusive benefit of
federal, state, or local public employees;
(B) An investment company registered under the Investment Company Act of 1940;
(C) A chartered or licensed life insurance company or property and casualty insurance
company;
(D) A banking and other chartered or licensed lending institution;
(E) An investment advisor registered under the Investment Advisers Act of 1940; or
(F) A pension investment board.
(12) 'License' means any of the licenses issued by the corporation under this article.
(13) 'Licensee' means a person that holds a license issued by the corporation under this
article.
(14) 'Master sports betting licensee' means the Georgia Lottery Corporation.
(15) 'Material nonpublic information' means information that has not been disseminated
publicly concerning an athlete, contestant, prospective contestant, or athletic team,
including, without limitation, confidential information related to medical conditions or
treatment, physical or mental health or conditioning, physical therapy or recovery,
discipline, sanctions, academic status, education records, eligibility, playbooks, signals,
</ins>
<ins>schemes, techniques, game plans, practices, strategies, assessments, systems, drills, or
recordings of practices or other athletic activities.
(16) 'Minor' means an individual who is less than 21 years of age.
(17) 'Money line' means the fixed odds in relation to a dollar amount that a team or
person participating in a sporting event will win outright regardless of the spread.
(18) 'Official event data' means statistics, results, outcomes, and other data related to a
sporting event obtained pursuant to an agreement with the relevant sporting events
operator whose corporate headquarters is based in the United States or an entity expressly
authorized by such sporting events operator to provide such information to licensees for
purposes of determining the outcome of tier 2 sports wagers on such sporting event.
(19) 'Official league data' means statistics, results, outcomes, and other data related to
a sporting event obtained pursuant to an agreement with the relevant professional sports
governing body whose corporate headquarters is based in the United States or an entity
expressly authorized by such professional sports governing body to provide such
information to licensees for purposes of determining the outcome of tier 2 sports wagers.
(20) 'Online sports betting' means a wager on a sporting event that is placed via the
internet through any electronic device and accepted through an online sports betting
platform that is operated by a Type 1 sports betting licensee or such licensee's online
sports betting services provider.
(21) 'Online sports betting platform' means the combination of hardware, software, and
data networks used to manage, administer, or control online sports betting and any
associated wagers accessible by any electronic means.
(22) 'Online sports betting services provider' means a person that contracts with the
master sports betting licensee or a Type 1 sports betting licensee under Code Section
50-27-133 to operate online sports betting on behalf of such licensee and that is licensed
by the corporation.
</ins>
<ins>(23) 'Over/under bet' means a single wager that predicts whether the combined score of
the two persons or teams engaged in a sporting event will be lower or higher than a
predetermined number.
(24) 'Parlay bet' means a single wager that incorporates two or more individual bets for
purposes of earning a higher payout if each bet incorporated within the wager wins.
(25) 'Principal owner' means a person that owns an interest of 10 percent or more of the
entity.
(26) 'Professional sporting event' means an athletic or sporting event involving at least
two competitors who have the opportunity to receive compensation for participating in
such event.
(27) 'Professional sports governing body' means the organization, league, or association
that oversees a sport and prescribes final rules and enforces codes of conduct with respect
to such sport and participants therein.
(28) 'Professional sports team' means a major league professional team:
(A) Based in this state;
(B) That plays baseball, football, men's basketball, soccer, or women's basketball; and
(C) Whose regular season games have had the highest attendance for its respective
sport during the past five years.
(29) 'Proposition bet' means a wager on a single specific action, statistic, occurrence, or
nonoccurrence to be determined during a sporting event and includes any such action,
statistic, occurrence, or nonoccurrence that does not directly affect the final outcome of
the sporting event to which it relates.
(30) 'Relative' means a spouse, father, mother, son, daughter, grandfather, grandmother,
brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
(31) 'Sporting event' means any:
</ins>
<ins>(A) Professional sporting event, including motor sports sanctioned by a national or
international organization or association;
(B) Collegiate sporting event;
(C) Olympic sporting or athletic event;
(D) Sporting or athletic event sanctioned by a national or international organization or
association;
(E) Sporting or athletic event conducted or organized by a sporting events operator;
(F) Esports event; or
(G) Other event authorized by the corporation.
Such term shall not include a nonprofessional or non-Olympic sporting or athletic event
if the majority of the participants are under the age of 18.
(32) 'Sporting events operator' means a person that conducts or organizes a sporting
event for athletes or other participants that is not held or sanctioned as an official sporting
event of a professional sports governing body.
(33) 'Sports betting' means online sports betting.
(34) 'Sports betting equipment' means any of the following that is directly used in
connection with the operation of sports betting:
(A) Any mechanical, electronic, or other device, mechanism, or equipment;
(B) Any software, application, components, or other goods; or
(C) Anything to be installed or used on a patron's personal electronic device.
(35)(A) 'Sports betting supplier' means a person that directly provides sports betting
equipment necessary for the creation of sports betting markets and the determination
of bet outcomes to any licensee involved in the acceptance of bets, including any of the
following:
(i) Providers of data feeds and odds services;
(ii) Internet platform providers;
(iii) Risk management providers:
</ins>
<ins>(iv) Integrity monitoring providers; and
(v) Other providers of sports betting supplier services as determined by the
corporation.
(B) Such term shall not include a professional sports governing body that:
(i) Provides official league data concerning its own sporting event to a sports betting
licensee solely on that basis; or
(ii) Provides raw statistical match data to one or more designated and licensed
suppliers of data feeds and odds services solely on that basis.
(36) 'Spread' means the predicted scoring differential between two persons or teams
engaged in a sporting event.
(37) 'Supervisory employee' means a principal owner or employee having the authority
to act on behalf of a licensee or whose judgment is relied upon to manage and advance
the business operations of a licensee.
(38) 'Tier 1 sports wager' means a sports wager that is determined solely by the final
score or final outcome of the sporting event and is placed before the sporting event has
begun.
(39) 'Tier 2 sports wager' means a wager that is not a tier 1 sports wager.
(40) 'Type 1 eligible entity' means any of the following:
(A) Any professional sports team, or its designee;
(B) A professional sports governing body that holds one or more sanctioned annual
golf tournaments on a national tour of professional golf in this state, and has held one
or more of the same or different sanctioned annual golf tournaments on a national tour
of professional golf in this state for at least 30 years;
(C) The owner of a facility in this state that has held an annual invitational golf
tournament for professional and amateur golfers for at least 30 years;
(D) The owner of a facility located in this state that hosts automobile races on a
national association for stock car racing national tour or a wholly owned for-profit
</ins>
<ins>subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or
nonprofit organization;
(E) The Georgia Lottery Corporation; and
(F) Any entity that directly, or through one of its members or shareholders, has been
approved in this state by the National Steeplechase Association for at least six months
prior to the effective date of this article.
(41) 'Type 1 sports betting licensee' means the master sports betting licensee, an online
sports betting services provider that contracts with the master sports betting licensee, or
a Type 1 eligible entity licensed or authorized by the corporation to directly or indirectly
offer online sports betting.
(42) 'Wager' or 'bet' means a sum of money that is risked by a bettor on the unknown
outcome of one or more sporting events. Such term shall be limited to fixed-odds betting,
futures bets, a tier 1 or tier 2 sports wager, a money line bet, an over/under bet, a parlay
bet, a proposition bet, or a bet on the spread. Such term shall not include a pari-mutuel
bet or wager or an entry fee paid to participate in a fantasy or simulated contest.
50-27-123.
(a) The corporation shall have all powers and duties necessary to carry out the provisions
of this article and to exercise the control of the lottery game of sports betting in this state
as authorized by this article. Such powers and duties shall include, but shall not be limited
to, the following:
(1) To have jurisdiction, supervision, and regulatory authority over sports betting,
including, but not limited to, regulation, licensure, and offering of sports betting on
mobile applications available state wide via the internet and through a limited number of
licenses to be awarded to Type 1 sports betting licensees;
(2) To have jurisdiction and supervision of all persons conducting, participating in, or
attending any facility with sports betting;
</ins>
<ins>(3) To appoint and employ such persons as the corporation deems essential to perform
its duties under this article and to ensure that such sports betting is conducted with order
and the highest integrity. Such employees shall possess such authority and perform such
duties as the corporation shall prescribe or delegate to them. Such employees shall be
compensated as provided by the corporation;
(4) To enter upon, investigate, and have free access to all places of business of any
licensee under this article and to compel the production of any books, ledgers, documents,
records, memoranda, or other information of any licensee to ensure such licensee's
compliance with the rules and regulations promulgated by the corporation pursuant to this
article. Such rules and regulations shall be exempt from the requirements of Chapter 13
of this title, the 'Georgia Administrative Procedure Act';
(5) To promulgate any rules and regulations as the corporation deems necessary and
proper to administer the provisions of this article; provided, however, that the initial rules
and regulations governing sports betting shall be promulgated and adopted by the
corporation within 90 days of the effective date of this article after an opportunity has
been provided for public comment. The promulgation and adoption of such initial rules
and regulations shall not be subject to Chapter 13 of this title, the 'Georgia Administrative
Procedure Act';
(6) To issue subpoenas for the attendance of witnesses before the corporation, administer
oaths, and compel production of records or other documents and testimony of witnesses
whenever, in the judgment of the corporation, it is necessary to do so for the effectual
discharge of the duties of the corporation under this article;
(7) To compel any person licensed by the corporation to file with the corporation such
data, documents, and information as shall appear to the corporation to be necessary for
the performance of the duties of the corporation under this article, including, but not
limited to, financial statements and information relative to stockholders and all others
with a pecuniary interest in such person;
</ins>
<ins>(8) To prescribe the manner in which books and records of persons licensed or permitted
by the corporation under this article shall be kept;
(9) To enter into arrangements with any foreign or domestic government or
governmental agency for the purposes of exchanging information or performing any other
act to better ensure the proper conduct of betting under this article;
(10) To order such audits, in addition to those otherwise required by this article, as the
corporation deems necessary and desirable;
(11) Upon the receipt of a complaint of an alleged criminal violation of this article, to
immediately report such complaint to the appropriate law enforcement agency with
jurisdiction to investigate criminal activity;
(12) To provide for the reporting of the applicable amount of state and federal income
tax of persons claiming a prize or payoff for a winning wager under this article;
(13) To establish and administer a program for providing assistance to problem
gamblers, including, but not limited to, requiring the electronic posting of signs,
notifications, or other relevant responsible gambling information in a clear and
conspicuous manner on online sports betting platforms, including a national toll-free
number that directs callers to an organization that provides assistance to problem
gamblers;
(14) To eject or exclude from the sports betting facility or any part thereof any
individual, whether licensed or not, whose conduct or reputation is such that his or her
presence may, in the opinion of the corporation or the designated employees of the
corporation, reflect adversely on the honesty and integrity of the sports betting or
interfere with the orderly conduct of the lottery game of sports betting;
(15) To keep a true and full record of all proceedings of the corporation under this article
and preserve at the corporation's general office all books, documents, and papers of the
corporation; and
</ins>
<ins>(16) To adopt rules and regulations specific to the manner in which a licensee may
advertise its business operations as authorized by this article.
(b) The corporation shall not have the power to prescribe a licensee's maximum or
minimum payout or hold percentage.
(c) The corporation shall not have the power to issue or award and shall not issue or award
any licenses provided for in this article prior to September 1, 2025.
50-27-124.
The corporation shall prescribe by rules and regulations:
(1) The reserves that must be kept by licensees to comply with subparagraph (c)(6)(A)
of Code Section 50-27-130 to pay off bettors;
(2) Any insurance requirements for a licensee;
(3) Minimum requirements by which each licensee shall exercise effective control over
its internal fiscal affairs, including, without limitation, requirements for:
(A) Safeguarding assets and revenues, including evidence of indebtedness;
(B) Maintaining reliable records relating to accounts, transactions, profits and losses,
operations, and events; and
(C) Global risk management;
(4) Requirements for internal and independent audits of licensees;
(5) The manner in which periodic financial reports shall be submitted to the corporation
from each licensee, including the financial information to be included in the reports;
(6) The type of information deemed to be confidential financial or proprietary
information that is not subject to any reporting requirements under this article;
(7) Policies, procedures, and processes designed to mitigate the risk of cheating and
money laundering; and
(8) Any post-employment restrictions necessary to maintain the integrity of sports
betting in this state.
</ins>
<ins>Part 2
50-27-130.
(a) Any person offering, operating, or managing sports betting in this state shall be
licensed by the corporation.
(b) The corporation shall issue licenses to qualified applicants able to meet the duties of
a license holder under this article and that the corporation determines will best satisfy the
following criteria:
(1) Expertise in the business of online sports betting;
(2) Integrity, sustainability, and safety of the online sports betting platform;
(3) Past relevant experience of the applicant;
(4) Advertising and promotional plans to maximize revenue;
(5) Demonstrated commitment to and plans for the promotion of responsible gaming;
and
(6) Capacity to rapidly and efficiently bring bettors onto the applicant's platform.
(c) An applicant for a license or for the renewal of a license shall submit an application on
a form in such manner and in accordance with such requirements as may be prescribed by
the rules and regulations of the corporation. Such rules and regulations shall require, at a
minimum, that the application include the following:
(1) If the applicant is an entity, identification of the applicant's principal owners, board
of directors, officers, and supervisory employees;
(2) Information, documentation, and assurances as may be required by the corporation
to establish by clear and convincing evidence the applicant's good character, honesty, and
integrity, including, but not limited to, information pertaining to family, habits, character,
reputation, criminal and arrest records, business activities, financial affairs, and business,
professional, and personal associates, covering at least the ten-year period immediately
preceding the filing of the application;
</ins>
<ins>(3) Notice and a description of civil judgments obtained against the applicant pertaining
to antitrust or security regulation laws of the federal government, this state, or any other
state, jurisdiction, province, or country;
(4) To the extent available, letters of reference or the equivalent from law enforcement
agencies having jurisdiction of the applicant's place of residence and principal place of
business. Each such letter of reference shall indicate that the law enforcement agency
does not have any pertinent information concerning the applicant or, if such law
enforcement agency does have information pertaining to the applicant, shall provide such
information, to the extent permitted by law;
(5) If the applicant has conducted sports betting operations in another jurisdiction, a
letter of reference from the regulatory body that governs sports betting that specifies the
standing of the applicant with such regulatory body; provided, however, that, if no such
letter is received within 60 days of the request therefor, the applicant may submit a
statement under oath that the applicant is or was, during the period such activities were
conducted, in good standing with the regulatory body;
(6) Information, documentation, and assurances concerning financial background and
resources as may be required to establish by clear and convincing evidence the financial
stability, integrity, and responsibility of the applicant, including, but not limited to, bank
references, business and personal income and disbursement schedules, tax returns and
other reports filed with governmental agencies, and business and personal accounting and
check records and ledgers. Each applicant shall, in writing, authorize the examination of
all bank accounts and records as may be deemed necessary by the corporation. The
corporation may consider any relevant evidence of financial stability. The applicant shall
be presumed to be financially stable if the applicant establishes by clear and convincing
evidence the ability to:
(A) Assure the financial integrity of sports betting operations by the maintenance of
a reserve of not less than $500,000.00 or the amount required to cover the outstanding
</ins>
<ins>liabilities for wagers accepted by the licensee, whichever is greater. Outstanding
liabilities for wagers shall mean the sum of the amount paid by patrons for wagers that
have not yet been determined and the amount owed but unpaid by licensees to patrons
for wagers whose results have been determined. The reserve may take the form of a
bond, an irrevocable letter of credit, payment processor reserves and receivables, cash
or cash equivalents segregated from operational funds, guaranty letter, or a combination
thereof. Such reserve shall be adequate to pay winning wagers to bettors when due.
An applicant is presumed to have met this standard if the applicant maintains, on a daily
basis, a minimum reserve in an amount which is at least equal to the average daily
minimum reserve, calculated on a monthly basis, for the corresponding month in the
previous year;
(B) Meet ongoing operating expenses which are essential to the maintenance of
continuous and stable sports betting operations; and
(C) Pay, as and when due, all state and federal taxes;
(7) Information, documentation, and assurances as may be required to establish by clear
and convincing evidence that the applicant has sufficient business ability and sports
betting experience to establish the likelihood of the creation and maintenance of
successful, efficient sports betting operations in this state;
(8) Information, as required by the rules and regulations of the corporation, regarding the
financial standing of the applicant, including, without limitation, each person or entity
that has provided loans or financing to the applicant;
(9) A nonrefundable application fee and annual licensing fee as follows:
(A) Applicants for a Type 1 sports betting license shall pay a nonrefundable
application fee in the amount of $100,000.00 and an annual licensing fee in the amount
of $1.5 million; provided, however, that, for those licenses referred to in paragraph (3)
of subsection (b) of Code Section 50-27-133, such annual licensing fee shall instead be
$750,000.00 and the application fee and annual licensing fee shall be paid by the online
</ins>
<ins>sports betting services provider and not by the corporation, which shall not be required
to pay any such fees;
(B) Applicants for an online sports betting services provider license shall pay a
nonrefundable application fee in the amount of $10,000.00 and an annual licensing fee
of $100,000.00; provided, however, that an online sports betting services provider that
applies for and obtains one of the licenses referred to in paragraph (3) of subsection (b)
of Code Section 50-27-133 shall only be required to pay the nonrefundable application
fee and annual licensing fee applicable to the applicant's Type 1 sports betting license;
and
(C) Applicants for a sports betting supplier license shall pay a nonrefundable
application fee in the amount of $2,000.00 and an annual licensing fee of $20,000.00;
and
(10) Any additional information, documents, or assurances required by rules and
regulations of the corporation.
(d) The corporation shall review and approve or deny an application for a license not more
than 90 days after receipt of an application.
50-27-131.
(a) A licensee may renew its license by submitting an application on a form in such
manner and in accordance with such requirements as may be prescribed by rules and
regulations of the corporation. A licensee shall submit the nonrefundable application fee
prescribed under paragraph (9) of subsection (c) of Code Section 50-27-130 with its
application for license renewal.
(b) For each application for licensure or renewal of a license approved under this Code
section, the amount of the application fee shall be credited toward the licensee's annual
licensing fee and the licensee shall remit the balance of the annual fee to the corporation
upon approval of a license.
</ins>
<ins>(c) Each licensee shall have a continuing duty to promptly inform the corporation of any
change in status relating to any information that may disqualify the licensee from holding
a license under Code Section 50-27-132.
(d) A professional sports governing body may enter into commercial agreements with
licensees or other entities that provide for such professional sports governing body to share
in the amounts wagered or revenue derived from wagers on sporting events of such
professional sports governing body. A professional sports governing body shall not be
required to obtain any approval or other form of authorization from the corporation to enter
into such commercial agreements or to lawfully accept such amounts or revenues. The
corporation shall not prescribe any terms or conditions that are required to be included into
such commercial agreements.
(e) A person that holds a license or permit to engage in sports betting issued by another
jurisdiction may submit a request to the corporation for a temporary license for such person
to immediately commence engagement in this state in sports betting. Such request shall
include the annual licensing fee required under paragraph (9) of subsection (c) of Code
Section 50-27-130.
(f) Upon receiving a request for a temporary license, the chief executive officer may
review the request at his or her discretion. If the chief executive officer reviews the request
and determines that the person requesting the temporary license holds a license or permit
issued by another jurisdiction to engage in sports betting and has paid the required
licensing fee, the chief executive officer may authorize such person to engage in sports
betting pursuant to this article under a temporary license for up to one year or until a final
determination on such person's application is made, whichever is later.
(g) All licenses issued under this article shall be valid for a term of five years, unless
suspended or revoked as provided under this article.
(h) The corporation may adopt rules and regulations prescribing the manner in which a
license may be transferred and a fee for a license transfer.
</ins>
<ins>(i) A licensee may maintain the bond, letter of credit, or cash reserve at any bank lawfully
operating in this state and the licensee shall be the beneficiary of any interest accrued
thereon.
50-27-132.
(a) The following persons shall not be eligible to apply for or obtain a license under this
article:
(1) A member of the board of directors or employee of the corporation or an employee
of a corporation vendor; provided, however, that a corporation vendor as an entity may
be eligible to apply for or obtain a license;
(2) An employee of a professional sports team on which the applicant offers sports
betting;
(3) A coach of or player for a collegiate, professional, or Olympic sports team or sport
or an entity that has an affiliation or interest in such a sports team or sport;
(4) An individual who is a member or employee of any professional sports governing
body or sporting events operator;
(5) An individual or entity with an owner, officer, or director who has been convicted of
a crime of moral turpitude or similar degree as specified in rules and regulations
promulgated by the corporation pursuant to this article;
(6) A person having the ability to directly affect the outcome of a sporting event upon
which the applicant offers sports betting;
(7) A trustee or regent of a governing board of a public or private institution of higher
education;
(8) An individual prohibited by the rules or regulations of a professional sports
governing body or sporting events operator of a collegiate sports, team, league, or
association from participating in sports betting;
</ins>
<ins>(9) A student or an employee of a public or private institution of higher education who
has access to material nonpublic information concerning a student athlete or a sports
team; and
(10) Any other category of persons, established by the rules and regulations of the
corporation, that, if licensed, would negatively affect the integrity of sports betting in this
state.
(b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code
section may hold an ownership interest in an applicant or licensee without disqualifying
the applicant or licensee from obtaining or holding a license; provided, however, that such
an ownership interest of 25 percent or more shall require approval from the corporation.
In determining whether such an ownership interest shall be the basis of disqualification, the
corporation shall consider whether such interest would negatively affect the integrity of
sports betting in this state and any other factors the corporation shall deem relevant.
50-27-133.
(a) Except as provided in subsection (h) of this Code section, a Type 1 sports betting
license authorizes a Type 1 eligible entity, or its designated online sports betting services
provider, to offer online sports betting. If a Type 1 eligible entity designates an online
sports betting services provider, the online sports betting services provider is considered
the applicant for a Type 1 sports betting license and is considered the Type 1 sports betting
licensee for all aspects of the regulatory control of the corporation and the operations under
the Type 1 sports betting license. The corporation shall establish a procedure for a Type
1 eligible entity to designate an online sports betting provider.
(b) The corporation shall issue not more than 18 Type 1 sports betting licenses to Type 1
eligible entities or their designated online sports betting services providers in accordance
with the following:
</ins>
<ins>(1) Five Type 1 sports betting licenses shall be reserved for the Type 1 eligible entities
defined in subparagraph (A) of paragraph (40) of Code Section 50-27-122 or their
designated online sports betting services providers; provided, however, that more than
one license may be issued to an owner of multiple professional sports teams;
(2) One Type 1 sports betting license shall be reserved for each of the Type 1 eligible
entities defined in subparagraphs (B) through (E) of paragraph (40) of Code Section
50-27-122 or their designated online sports betting services providers and two Type 1
sports betting licenses shall be reserved for the Type 1 eligible entities defined in
subparagraph (F) of paragraph (40) of Code Section 50-27-122 or their designated online
sports betting services providers; and
(3) The corporation shall award contracts to manage the remaining Type 1 sports betting
licenses to separate online sports betting services providers via a public procurement
process;
provided, however, that a master sports betting license shall authorize the corporation
through a designated online sports betting services provider to offer online sports betting.
(c) A Type 1 eligible entity may contract with no more than one online sports betting
services provider to operate online sports betting on behalf of the Type 1 eligible entity.
(d) A Type 1 eligible entity shall provide written notice to the corporation of its intention,
or its designated sports betting services provider's intention, to apply for a Type 1 sports
betting license within 60 days of the effective date of this article. The failure of a Type 1
eligible entity to provide such written notice shall result in the permanent disqualification
and prohibition of such Type 1 eligible entity or its designated sports betting services
provider from obtaining a Type 1 sports betting license.
(e) A Type 1 sports betting licensee shall not offer online sports betting until the
corporation has issued a license to at least one online sports betting services provider that
has been awarded a sports betting license via the public procurement process as determined
by the corporation.
</ins>
<ins>(f) All applicants for the 18 Type 1 sports betting licenses under subsection (b) of this
Code section that have submitted an application within 30 days of the date in which the
corporation began to accept applications for Type 1 sports betting licenses shall be given
an equal opportunity to first commence offering, conducting, or operating online sports
betting in this state on the same day, and in any event not later than January 31, 2026.
(g) A Type 1 eligible entity described in subparagraphs (A) through (D) of paragraph (40)
of Code Section 50-27-122 that becomes a Type 1 sports betting licensee or designates an
online sports betting services provider shall establish and maintain procedures with respect
to sporting events which the Type 1 eligible entity participates in or administers to ensure
avoidance of conflicts of interest in the operation of sports betting in this state.
(h) Only a Type 1 sports betting licensee identified in subparagraph (F) of paragraph (40)
of Code Section 50-27-122, or its designated online sports betting services provider, may
offer online sports betting that also includes the sporting event of equestrian races on out
of state tracks or other facilities and only at one facility that is owned and operated by the
Type 1 sports betting licensee or its affiliate. Nothing in this article authorizes online
sports betting on horse or other animal races occurring in this state. For purposes of this
subsection, 'affiliate' means a person or entity that directly, or indirectly through one or
more intermediaries, controls or is controlled by or is under common control with another
person or entity.
50-27-134.
(a) An online sports betting services provider shall offer online sports betting only in
accordance with the provisions of this article and the rules and regulations adopted by the
corporation under this article.
(b) An online sports betting services provider shall obtain a license under this article
before offering online sports betting pursuant to a contract with a Type 1 sports betting
licensee or master sports betting licensee. An online sports betting services provider
</ins>
<ins>license shall entitle the holder to contract with no more than one Type 1 sports betting
licensee.
(c) If the holder of a Type 1 sports betting license is a Type 1 eligible entity and is a
member of a league, association, or organization that prevents the holder from being
subject to the regulatory control of the corporation or from otherwise operating under the
license, such a Type 1 eligible entity may contractually appoint an online sports betting
services provider for all aspects of corporation oversight and operations under the Type 1
sports betting license.
(d) Institutional investors shall be exempt from any and all qualification and disclosure
requirements under this article or required under the rules and regulations promulgated by
the corporation pursuant to this article. Such exemption shall extend to the owners,
directors, and officers of such institutional investors.
Part 3
50-27-150.
(a) Notwithstanding any other law to the contrary, there shall be imposed an annual
privilege tax of 25 percent of the adjusted gross income derived from online sports betting
in accordance with this Code section.
(b) The privilege tax described in subsection (a) of this Code section shall be paid by the
online sports betting services provider; provided, however, that, if a Type 1 sports betting
licensee does not contract with an online sports betting services provider, such privilege
tax shall be paid by such Type 1 sports betting licensee as provided for in subsection (c)
of this Code section. This subsection shall not apply to the master licensee.
(c) The privilege tax imposed under this Code section shall be paid monthly by the online
sports betting services provider based on its monthly adjusted gross income for the
immediately preceding calendar month. The privilege tax shall be paid to the corporation
</ins>
<ins>in accordance with rules and regulations promulgated by the corporation. If the online
sports betting services provider's adjusted gross income for a month is a negative number,
such online sports betting services provider may carry over such negative amount to
subsequent months.
(d) All moneys from privilege taxes and fees collected under this Code section shall be
distributed and used as provided under Article I, Section II, Paragraph VIII of the
Constitution of Georgia.
(e) With the exemption of licensing fees imposed by paragraph (9) of subsection (c) of
Code Section 50-27-130, the privilege tax imposed under this Code section is in lieu of all
other state and local sales and income taxes and fees imposed on the operation of sports
betting or on the proceeds from the operation of sports betting in this state.
50-27-151.
(a) Each licensee shall report to the corporation, no later than January 15 of each year:
(1) The total amount of wagers received from bettors for the immediately preceding
calendar year;
(2) The adjusted gross income of the licensee for the immediately preceding calendar
year; and
(3) Any additional information required by the rules and regulations of the corporation
deemed in the public interest or necessary to maintain the integrity of sports betting in
this state.
(b) A licensee shall promptly report to the corporation any information relating to:
(1) The name of any newly elected officer or director of the board of the licensed entity;
and
(2) The acquisition by any person of 10 percent or more of any class of corporate stock.
</ins>
<ins>(c) With respect to information reported under subsection (b) of this Code section, a
licensee shall include with such report a statement of any conflict of interest that may exist
as a result of such election or acquisition.
(d) Upon receiving a report under this Code section or subsection (b) of Code
Section 50-27-191, the corporation may conduct a hearing in accordance with Code Section
50-27-193 to determine whether the licensee remains in compliance with this article.
Part 4
50-27-160.
(a) No person shall knowingly:
(1) Allow a minor to place a wager;
(2) Offer, accept, or extend credit to a bettor in the form of a marker; provided, however,
that promotions and promotional credits shall be permitted to be offered and extended to
bettors;
(3) Target minors in advertising or promotions for sports betting;
(4) Offer or accept a wager on any event, outcome, or occurrence other than a sporting
event, including, without limitation, a high school sporting event offered, sponsored, or
played in connection with a public or private institution that offers education at the
secondary level; or
(5) Accept a wager from an individual who is prohibited from placing a wager or bet
under Code Section 50-27-162, if such person has notice or actual knowledge that such
individual is prohibited from placing such a wager or bet.
(b) A person that knowingly violates this Code section:
(1) For a first offense, shall be indefinitely prohibited from placing a wager, be required
to forfeit the proceeds of any illegal wager, and be guilty of a misdemeanor; and
</ins>
<ins>(2) For a second or subsequent offense, shall be required to forfeit the proceeds of any
illegal wager and be guilty of a misdemeanor of a high and aggravated nature.
50-27-161.
Except for those individuals ineligible to place bets under Code Section 50-27-162, an
individual who is 21 years of age or older and who is physically located in this state may
place a wager in the manner authorized under this article and the rules and regulations of
the corporation.
50-27-162.
(a) The following individuals and categories of individuals shall not, directly or indirectly,
place a wager on sporting events or online sports betting platforms in this state:
(1) A member, officer, or employee of the corporation shall not place a wager on any
sporting event or platform;
(2) A corporation vendor employee shall not place a wager on a sporting event using
their employer's platform;
(3) A licensee or principal owner, partner, member of the board of directors, officer, or
supervisory employee of a licensee shall not place a wager on the licensee's platform;
(4) A person that provides goods or services to a licensee or any principal owner, partner,
member of the board of directors, officer, or supervisory employee of a person that
provides such goods or services shall not place a wager on the licensee's platform;
(5) A contractor, subcontractor, or consultant or any officer or employee of a contractor,
subcontractor, or consultant of a licensee shall not place a wager on the licensee's
platform, if such individual is directly involved in the licensee's operation of sports
betting or the processing of sports betting claims or payments through the licensee's
platform;
</ins>
<ins>(6) An individual subject to a contract with the corporation shall not place a wager on
any platform, if the contract contains a provision prohibiting the individual from
participating in sports betting;
(7) An individual with access to material nonpublic information that is known
exclusively by an individual who is prohibited from placing a wager in this state under
this Code section shall not use any such information to place a wager on any sporting
event or platform;
(8) An amateur or Olympic athlete shall not place a wager on any sporting event in
which the athlete participates;
(9) A professional athlete shall not place a wager on any sporting event overseen by such
athlete's professional sports governing body or sporting events operator;
(10) An owner or employee of a team, player, umpire, or sports union personnel, or
employee, referee, coach, or official of a professional sports governing body or sporting
events operator shall not place a wager on any sporting event, if the wager is based on a
sporting event overseen by the individual's professional sports governing body or sporting
events operator;
(11) An individual having the ability to directly affect the outcome of a sporting event
shall not place a wager on such sporting event;
(12) A trustee or regent of a governing board of a public or private institution of higher
education shall not place a wager on a collegiate sporting event;
(13) An individual prohibited by the rules or regulations of a professional sports
governing body or sporting events operator of a collegiate sports, team, league, or
association from participating in sports betting shall not place a wager on any sporting
event to which such prohibition applies; and
(14) A student or an employee of a public or private institution of higher education who
has access to material nonpublic information concerning a student athlete or a sports team
</ins>
<ins>shall be prohibited from placing a wager on a collegiate sporting event if such
information is relevant to the outcome of such event.
(b) The corporation may prescribe by rules and regulations additional individuals and
categories of individuals who are prohibited from placing a wager on specified sporting
events or online sports betting platforms in this state.
(c) The corporation shall prescribe by rules and regulations any measures necessary to
ensure individuals who are prohibited from placing a wager on specified sporting events
or online sports betting platforms in this state shall not be permitted to collude with
individuals not specifically enumerated in subsection (a) of this Code section to directly
affect the outcome of a sporting event.
(d) Any individual who places a wager in violation of this Code section:
(1) For a first offense, shall be:
(A) Indefinitely prohibited from placing a wager;
(B) Required to forfeit the proceeds of any illegal wager;
(C) Guilty of a misdemeanor; and
(D) Fined not less than $500.00 nor more than $1,000.00;
(2) For a second offense, shall be:
(A) Required to forfeit the proceeds of any illegal wager;
(B) Guilty of a misdemeanor; and
(C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more
than five months, or both; and
(3) For a third or subsequent offense, shall be:
(A) Required to forfeit the proceeds of any illegal wager;
(B) Guilty of a misdemeanor of a high and aggravated nature; and
(C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.
</ins>
<ins>50-27-163.
(a) The corporation shall by rules and regulations prohibit betting on injuries, penalties,
the outcome of player discipline rulings or replay reviews, and any other type or form of
betting under this article that is contrary to public policy or unfair to bettors.
(b)(1) A professional sports governing body or sporting events operator may submit to
the corporation in writing, by providing notice in such form and manner as the
corporation may require, a request to restrict, limit, or prohibit a certain type, form, or
category of sports betting with respect to its sporting events, if the professional sports
governing body or sporting events operator believes that such type, form, or category of
sports betting with respect to its sporting events may undermine the integrity or perceived
integrity of such professional sports governing body or sporting events operator or its
sporting events. The corporation shall request comments from sports betting licensees
and sports betting services provider licensees on all such requests it receives.
(2) After giving due consideration to all comments received, the corporation shall, upon
demonstration of good cause from the requestor that such type, form, or category of
sports betting is likely to undermine the integrity or perceived integrity of such
professional sports governing body or sporting events operator or its sporting events,
grant the request. The corporation shall respond to a request concerning a particular
sporting event before the start of the event, or if it is not feasible to respond before such
time, no later than seven days after the request is made. If the corporation determines that
the requestor is more likely than not to prevail in successfully demonstrating good cause
for its request, the corporation may provisionally grant the request of the professional
sports governing body or sporting events operator until the corporation makes a final
determination as to whether the requestor has demonstrated good cause. Absent such a
provisional grant by the corporation, sports betting licensees may continue to offer sports
betting on sporting events that are the subject of such a request during the pendency of
the corporation's consideration of the applicable request.
</ins>
<ins>Part 5
50-27-170.
(a) Prior to placing a wager with a licensee via online sports betting, a bettor shall register
and establish a player account with the licensee remotely and attest that the bettor meets
the requirements to place a wager with a licensee in this state. Prior to verification of a
bettor's identity in accordance with this Code section, a licensee shall not allow the bettor
to engage in sports betting, make a deposit, or process a withdrawal via online sports
betting. A licensee shall implement commercially and technologically reasonable
procedures to prevent access to sports betting by minors on its online sports betting
platforms. A licensee may use information obtained from third parties to verify that an
individual is authorized to open an account, place wagers, and make deposits and
withdrawals.
(b) Each online sports betting services provider licensee shall adopt a registration policy
to ensure that all bettors utilizing online sports betting are authorized to place a wager with
a licensee within this state. Such policy shall include, without limitation, commercially
reasonable mechanisms to:
(1) Verify the name and age of the registrant;
(2) Verify that the registrant is not knowingly prohibited from placing a wager under
Code Section 50-27-162; and
(3) Obtain the following information from the registrant:
(A) Legal name;
(B) Date of birth;
(C) Physical address other than a post office box;
(D) Phone number;
(E) A unique username; and
(F) An active email account.
</ins>
<ins>(c) Each online sports betting services provider licensee may in its discretion require a
bettor to provide the licensee with a signed and notarized document attesting that the bettor
is qualified to engage in sports betting under this article as part of the registration policy
of the licensee.
(d) A bettor shall not register more than one account with a licensee, and each licensee
shall use commercially and technologically reasonable means to ensure that each bettor is
limited to one account.
(e) Each licensee, in addition to complying with state and federal law pertaining to the
protection of the private, personal information of registered bettors, shall use all other
commercially and technologically reasonable means to protect such information consistent
with industry standards.
(f) When a bettor's account is created, a bettor may fund the account through:
(1) Electronic bank transfer of funds, including such transfers through third parties;
(2) Debit cards;
(3) Online and mobile payment systems that support online money transfers; and
(4) Any other method approved by the rules and regulations of the corporation.
(g)(1) Licensees shall not allow bets to be placed until first verifying the identity of the
bettor pursuant to this Code section and by the rules promulgated by the corporation.
Further, and pursuant to the rules promulgated by the corporation, licensees shall
establish safeguards, including, but not limited to, access notifications and similar
security safeguards, to protect each bettor's account.
(2) If a licensee determines that the information provided by a bettor to make a deposit
or process a withdrawal is inaccurate or incapable of verification or violates the policies
and procedures of the licensee, the licensee shall, within ten days, require the submission
of additional information that can be used to verify the identity of such bettor.
(3) If such information is not provided or does not result in verification of the bettor's
identity, the licensee shall:
</ins>
<ins>(A) Immediately suspend the bettor's account and shall not allow the bettor to place
wagers;
(B) Retain any winnings attributable to the bettor;
(C) Refund the balance of deposits made to the account to the source of such deposit
or by issuance of a check; and
(D) Suspend the account.
(h) A licensee shall utilize geofencing technology to ensure that online sports betting is
available only to bettors who are physically located in this state. Servers, including the use
of backup servers, may be located outside of this state, consistent with federal law. To the
extent required by federal law, a licensee shall maintain in this state the servers it uses to
accept wagers on a sporting event placed by bettors located in this state.
(i) Each licensee shall clearly and conspicuously display on its public website a statement
indicating that it is illegal for a person under 21 years of age to engage in sports betting in
this state.
(j) The corporation shall promulgate rules and regulations for purposes of regulating sports
betting via online sports betting.
50-27-171.
(a) Licensees shall allow bettors to limit their betting activity with the licensee by, at a
minimum, giving bettors the opportunity to place limits on the amounts deposited, the
amounts wagered, and the amount of time spent wagering. Licensees shall take reasonable
steps to prevent bettors from overriding their self-imposed responsible gambling limits.
At the request of a bettor, a licensee may share the requested limitations with the
corporation for the sole purpose of disseminating the request to other licensees.
(b) The corporation shall promulgate rules and regulations that require a licensee to
implement responsible sports betting programs that include comprehensive training on
</ins>
<ins>responding to circumstances in which individuals present signs of problem gambling or a
betting or gambling disorder.
(c) The corporation shall work with national and local organizations to provide services
for individuals with problem gambling or a betting or gambling disorder and to establish
prevention initiatives to reduce the number of individuals with problem gambling or a
betting or gambling disorder, including, but not limited to, utilizing currently established
programs for problem gambling or betting or gambling disorders.
(d) All sports betting advertisements shall prominently display messaging designed to
prevent problem gambling and provide information about how to access resources related
to problem gambling, including the National Council on Problem Gambling's helpline or
other similar toll-free helpline.
(e) The corporation shall annually generate a report outlining activities with respect to
problem gambling and betting or gambling disorders, including, but not limited to,
descriptions of programs, grants, and other resources made available; the number of
individuals seeking assistance; the number of individuals who reported completing
programs and therapies; and the rate of recidivism, if known to the corporation. The
corporation shall file the annual report with the Governor, the President of the Senate, and
the Speaker of the House of Representatives and shall publish such report on its public
website no later than January 30 of each year.
50-27-172.
(a) Each licensee shall adopt and adhere to a written, comprehensive policy outlining its
rules governing the acceptance of wagers and payouts. Such policy and rules must be
approved by the corporation prior to the acceptance of a wager by a licensee. Such policy
and rules shall be readily available to a bettor on the licensee's public website.
(b) The corporation shall promulgate rules and regulations regarding:
</ins>
<ins>(1) The manner in which a licensee accepts wagers from and issues payouts to bettors,
including payouts in excess of $10,000.00; and
(2) Requirements for reporting suspicious wagers.
Part 6
50-27-180.
(a) Licensees shall not be required to use official league data or official event data for
determining the results of:
(1) Tier 1 sports wagers on events of any organization, whether headquartered in the
United States or elsewhere; or
(2) Tier 2 sports wagers on events of organizations that are not headquartered in the
United States.
(b)(1) A professional sports governing body or sporting events operator headquartered
in the United States may notify the corporation that it desires licensees to use official
league data or official event data for determining the results of tier 2 sports wagers on its
sporting events. A notification under this subsection shall be made in the form and
manner as the corporation shall require. The corporation shall notify each licensee within
five days after receipt of such notification from a professional sports governing body or
sporting events operator. If a professional sports governing body or sporting events
operator does not notify the corporation of its desire to supply official league data or
official event data, licensees are not required to use official league data or official event
data for determining the results of any tier 2 wagers on sporting events of that
professional sports governing body or sporting events operator.
(2) Within 60 days after the corporation notifies each licensee as provided under
paragraph (1) of this subsection, or within a longer period as may be agreed between such
professional sports governing body or sporting events operator and the applicable
</ins>
<ins>licensee, each such licensee shall be required to use only official league data or official
event data, as applicable, to determine the results of tier 2 sports wagers on sporting
events sanctioned by such professional sports governing body or sporting events operator,
except when:
(A) The professional sports governing body or sporting events operator, or a designee
thereof, is unable to provide a feed of official league data or official event data to
determine the results of a particular type of tier 2 sports wager, in which case licensees
may use any data source for determining the results of the applicable tier 2 sports wager
until the data feed becomes available on commercially reasonable terms and conditions;
or
(B) A licensee is able to demonstrate to the corporation that the professional sports
governing body or sporting events operator, or a designee thereof, will not provide a
feed of official league data or official event data to the licensee on commercially
reasonable terms and conditions.
(3) The following is a nonexclusive list of factors the corporation may consider in
evaluating whether official league data or official event data is being offered on
commercially reasonable terms and conditions for purposes of subparagraphs (A) and (B)
of paragraph (2) of this subsection:
(A) The availability of tier 2 official league data of a professional sports governing
body or tier 2 official event data of a sporting events operator to a licensee from more
than one authorized source;
(B) Market information, including, without limitation, price and other terms and
conditions, regarding the purchase of comparable data by licensees for the purpose of
settling sports wagers, for use in this state or other jurisdictions;
(C) The nature and quantity of the official league data or official event data, including,
without limitation, its speed, accuracy, reliability, and overall quality as compared to
comparable nonofficial data;
</ins>
<ins>(D) The quality and complexity of the process used to collect and distribute the official
league data or official event data as compared to comparable nonofficial data;
(E) The extent to which professional sports governing bodies or sporting events
operators, or designees thereof, have made available to licensees the data used to settle
the results of tier 2 sports wagers and any terms and conditions relating to the use of
such data; and
(F) The extent to which licensees have purchased the same or similar official league
data or official event data on the same or similar terms, particularly in jurisdictions
where such purchase was not required by law or was required by law but only if offered
on commercially reasonable terms.
(4) Notwithstanding any provision to the contrary in this Code section, including,
without limitation, paragraph (2) of this subsection, while the corporation is evaluating
whether a professional sports governing body or a sporting events operator, or the
designee thereof, will provide a feed of official league data or official event data on
commercially reasonable terms and conditions pursuant to paragraph (3) of this
subsection, licensees are not required to use official league data or official event data for
determining the results of tier 2 sports wagers.
(5) The corporation shall make a determination under paragraph (3) of this subsection
within 60 days after the licensee notifies the corporation that it desires to demonstrate that
the professional sports governing body or sporting events operator, or a designee thereof,
will not provide a feed of official league data or official event data to such licensee on
commercially reasonable terms and conditions.
</ins>
<ins>Part 7
50-27-190.
Members of the corporation or designated employees thereof may, during normal business
hours, enter the premises of any facility of a licensee, or a third party utilized by the
licensee to operate and conduct business in accordance with this article, for the purpose of
inspecting books and records kept as required by this article to ensure that the licensee is
in compliance with this article or to make any other inspection of the premises necessary
to protect the public interests of this state and its consumers.
50-27-191.
(a) The corporation, licensees, corporation vendors, and vendors shall use commercially
reasonable efforts to cooperate with investigations conducted by any professional sports
governing body, any sporting events operator, and law enforcement agencies, including,
but not limited to, using commercially reasonable efforts to provide or facilitate the
provision of betting information.
(b) Licensees shall promptly report to the corporation any information relating to:
(1) Abnormal betting activity or patterns that may indicate a concern with the integrity
of a sporting event; and
(2) Conduct that corrupts the betting outcome of a sporting event for purposes of
financial gain, including match fixing.
(c) Licensees shall, as soon as is practicable, report any information relating to conduct
described in subsection (b) of this Code section to the professional sports governing body
or sporting events operator.
(d) Licensees shall use commercially reasonable efforts to maintain, in real time and at the
account level, anonymized information regarding a bettor; the amount and type of bet; the
time the bet was placed; the location of the bet, including the internet protocol address if
</ins>
<ins>applicable; the outcome of the bet; and records of abnormal betting activity for three years
after the sporting event occurs. The corporation may request such information in the form
and manner required by the rules and regulations of the corporation. As used in this
subsection, the term 'real time' means on a commercially reasonable periodic interval.
(e) All records, documents, and information received by the corporation pursuant to this
Code section shall be considered investigative records of a law enforcement agency, shall
not be subject to Article 4 of Chapter 18 of this title, and shall not be released under any
condition without the permission of the person providing such records, documents, or
information.
(f) Nothing in this Code section shall require a sports betting licensee to provide any
information that is prohibited by federal, state, or local laws or rules and regulations,
including, without limitation, laws and rules and regulations relating to privacy and
personally identifiable information.
(g) If a professional sports governing body or sporting events operator has notified the
corporation that access to the information described in subsection (d) of this Code section
for wagers placed on its sporting events is necessary to monitor the integrity of its sporting
events and represents to the corporation that it specifically uses such data for the purpose
of monitoring the integrity of sporting events of such professional sports governing body
or sporting events operator, then licensees shall share, in a commercially reasonable
frequency, form, and manner, with the professional sports governing body or sporting
events operator, or a designee thereof, the same information the licensee is required to
maintain under subsection (d) of this Code section with respect to sports wagers on such
a body's or operator's sporting events. A professional sports governing body or sporting
events operator, or a designee thereof, shall use information received under this subsection
for integrity-monitoring purposes only and shall not use such information for commercial
or any other purposes. Nothing in this subsection shall require a licensee to provide any
information that is prohibited by federal, state, or local laws, rules, or regulations,
</ins>
<ins>including, but not limited to, laws, rules, or regulations relating to privacy and personally
identifiable information.
50-27-192.
The corporation shall assist in any investigations by law enforcement to determine whether:
(1) A licensee is accepting wagers from minors or other persons ineligible to place
wagers under Code Section 50-27-162; and
</ins> 1000 <ins>(2) An individual is unlawfully accepting wagers from another individual without a
</ins> 1001 <ins>license or at a location in violation of this article.
</ins> 1002 <ins>50-27-193.
</ins> 1003 <ins>(a) The corporation may investigate and conduct a hearing with respect to a licensee upon
</ins> 1004 <ins>information and belief that the licensee has violated the provisions of this article or upon
</ins> 1005 <ins>the receipt of a credible complaint from any person that a licensee has violated the
</ins> 1006 <ins>provisions of this article. The corporation shall conduct investigations and hearings in
</ins> 1007 <ins>accordance with rules and regulations adopted by the corporation.
</ins> 1008 <ins>(b) If the corporation determines that a licensee has violated any provision of this article
</ins> 1009 <ins>or any rules and regulations of the corporation, the corporation may suspend, revoke, or
</ins> 1010 <ins>refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per
</ins> 1011 <ins>violation; or both.
</ins> 1012 <ins>(c) The corporation shall promulgate rules and regulations establishing a schedule of
</ins> 1013 <ins>administrative fines that may be assessed in accordance with subsection (b) of this Code
</ins> 1014 <ins>section for each violation of this article; provided, however, if the corporation finds that:
</ins> 1015 <ins>(1) A licensee is accepting wagers from minors or other persons ineligible to place
</ins> 1016 <ins>wagers in this state, the corporation shall impose a fine against the licensee as follows:
</ins> 1017 <ins>(A) For a first offense, $1,000.00;
</ins> 1018 <ins>(B) For a second offense, $2,000.00; and
</ins>
1019 <ins>(C) For a third or subsequent offense, $5,000.00; or
</ins> 1020 <ins>(2) An individual is unlawfully accepting wagers from another individual without a
</ins> 1021 <ins>license, the corporation shall impose a fine against the individual as follows:
</ins> 1022 <ins>(A) For a first offense, $10,000.00;
</ins> 1023 <ins>(B) For a second offense, $15,000.00; and
</ins> 1024 <ins>(C) For a third or subsequent offense, $25,000.00.
</ins> 1025 <ins>(d) The corporation may refer conduct that it reasonably believes is a violation of Article 2
</ins> 1026 <ins>of Chapter 12 of Title 16 to the appropriate law enforcement agency.
</ins> 1027 <ins>50-27-194.
</ins> 1028 <ins>(a) Any person that violates any provision of this article shall be liable for a civil penalty
</ins> 1029 <ins>of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising
</ins> 1030 <ins>out of the same transaction or occurrence, which shall accrue to the corporation and may
</ins> 1031 <ins>be recovered in a civil action brought by or on behalf of the corporation.
</ins> 1032 <ins>(b) The corporation may seek and obtain an injunction in a court of competent jurisdiction
</ins> 1033 <ins>for purposes of enforcing this article.
</ins> 1034 <ins>(c) Costs shall not be taxed against the corporation or this state for actions brought under
</ins> 1035 <ins>this article.
</ins> 1036 <ins>50-27-195.
</ins> 1037 <ins>(a) Fines assessed under this article shall be accounted for separately for use by the
</ins> 1038 <ins>corporation in a manner consistent with the rules and regulations of the corporation.
</ins> 1039 <ins>(b) The corporation may issue subpoenas to compel the attendance of witnesses and the
</ins> 1040 <ins>production of relevant books, accounts, records, and documents for purposes of carrying
</ins> 1041 <ins>out its duties under this article.
</ins>
1042 <ins>50-27-196.
</ins> 1043 <ins>(a) A licensee or other individual aggrieved by a final decision or action of the corporation
</ins> 1044 <ins>may appeal such decision or action to the Superior Court of Fulton County.
</ins> 1045 <ins>(b) The Superior Court of Fulton County shall hear appeals from decisions or actions of
</ins> 1046 <ins>the corporation and, based upon the record of the proceedings before the corporation, may
</ins> 1047 <ins>reverse the decision or action of the corporation only if the appellant proves the decision
</ins> 1048 <ins>or action to be:
</ins> 1049 <ins>(1) Clearly erroneous;
</ins> 1050 <ins>(2) Arbitrary and capricious;
</ins> 1051 <ins>(3) Procured by fraud;
</ins> 1052 <ins>(4) A result of substantial misconduct by the corporation; or
</ins> 1053 <ins>(5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.
</ins> 1054 <ins>(c) The Superior Court of Fulton County may remand an appeal to the corporation to
</ins> 1055 <ins>conduct further hearings.
</ins> 1056 <ins>50-27-197.
</ins> 1057 <ins>(a) It shall be unlawful for any person, directly or indirectly, to knowingly receive, supply,
</ins> 1058 <ins>broadcast, display, or otherwise transmit material nonpublic information for the purpose
</ins> 1059 <ins>of betting on a sporting event or influencing another individual's or entity's wager on a
</ins> 1060 <ins>sporting event.
</ins> 1061 <ins>(b) This Code section shall not apply to the dissemination of public information as news,
</ins> 1062 <ins>entertainment, or advertising.
</ins> 1063 <ins>(c) Any person in violation of this Code section shall be indefinitely prohibited from
</ins> 1064 <ins>placing a wager, be required to forfeit the proceeds of any illegal wager, and be guilty of
</ins> 1065 <ins>a misdemeanor."
</ins>
1066 PART III
1067 SECTION 3-1.
1068 Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
1069 relating to gambling, is amended by revising paragraphs (1) and (2) of Code Section
1070 16-12-20, relating to definitions, as follows:
1071 "(1) 'Bet' means an agreement that, dependent upon chance even though accompanied
1072 by some skill, one stands to win or lose something of value. A bet does not include:
1073 (A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;
1074 <del>or
</del> 1075 (B) An offer of a prize, award, or compensation to the actual contestants in any bona
1076 fide contest for the determination of skill, speed, strength, or endurance or to the owners
1077 of animals, vehicles, watercraft, or aircraft entered in such contest; <ins>or
</ins> 1078 <ins>(C) Money paid in compliance with Chapter 27 of Title 50.
</ins> 1079 (2) 'Gambling device' means:
1080 (A) Any contrivance which for a consideration affords the player an opportunity to
1081 obtain money or other thing of value, the award of which is determined by chance even
1082 though accompanied by some skill, whether or not the prize is automatically paid by
1083 contrivance;
1084 (B) Any slot machine or any simulation or variation thereof;
1085 (C) Any matchup or lineup game machine or device, operated for any consideration,
1086 in which two or more numerals, symbols, letters, or icons align in a winning
1087 combination on one or more lines vertically, horizontally, diagonally, or otherwise,
1088 without assistance by the player. Use of skill stops shall not be considered assistance
1089 by the player; or
1090 (D) Any video game machine or device, operated for any consideration, for the play
1091 of poker, blackjack, any other card game, or keno or any simulation or variation of any
1092 of the foregoing, including, but not limited to, any game in which numerals, numbers,
1093 or any pictures, representations, or symbols are used as an equivalent or substitute for
1094 cards in the conduct of such game.
1095 Any item described in <del>subparagraph (B), (C), or (D) of</del> this paragraph <ins>that is not
</ins> 1096 <ins>authorized by Chapter 27 of Title 50, or exempted by this part,</ins> shall be a prohibited
1097 gambling device subject to and prohibited by this part, notwithstanding any inference to
1098 the contrary in any other law of this state."
1099 SECTION 3-2.
1100 Said part is further amended by revising Code Section 16-12-27, relating to advertisement
1101 or solicitation for participation in lotteries, as follows:
1102 "16-12-27.
1103 (a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to
1104 sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio
1105 commercial, or any book, magazine, periodical, newspaper, or other written or printed
1106 matter containing an advertisement or solicitation for participation in any lottery declared
1107 to be unlawful by the laws of this state unless such advertisement, commercial, or
1108 solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be
1109 clearly legible or audible to persons viewing or hearing such advertisement, commercial,
1110 or solicitation.
1111 (b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of
1112 this Code section shall be guilty of a misdemeanor.
1113 <ins>(c) This Code section shall not apply to any advertisement or solicitation for participation
</ins> 1114 <ins>in a lottery game of online sports betting by any person licensed under Article 4 of Chapter
</ins> 1115 <ins>27 of Title 50 that concerns such licensee's lawful activities."
</ins>
1116 SECTION 3-3.
1117 Said part is further amended by revising Code Section 16-12-28, relating to communicating
1118 gambling information, as follows:
1119 "16-12-28.
1120 (a) A person who knowingly communicates information as to bets, betting odds, or
1121 changes in betting odds or who knowingly installs or maintains equipment for the
1122 transmission or receipt of such information with the intent to further gambling commits the
1123 offense of communicating gambling information.
1124 (b) A person who commits the offense of communicating gambling information, upon
1125 conviction thereof, shall be punished by imprisonment for not less than one nor more than
1126 five years or by a fine not to exceed $5,000.00, or both.
1127 <ins>(c) This Code section shall not apply to the activities authorized under Article 4 of Chapter
</ins> 1128 <ins>27 of Title 50."
</ins> 1129 PART IV
1130 SECTION 4-1.
1131 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
1132 amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from
1133 state sales and use tax, as follows:
1134 "(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 <ins>or wagers
</ins> 1135 <ins>authorized by Article 4 of Chapter 27 of Title 50;"
</ins>
1136 PART V
1137 SECTION 5-1.
1138 This Act shall become effective upon its approval by the Governor or upon its becoming law
1139 without such approval.
1140 SECTION 5-2.
1141 All laws and parts of laws in conflict with this Act are repealed.