HB1373: HB1373 Gambling; criminal prohibitions on gambling for coin operated amusement machines; revise certain exceptions

26 LC 28 0741 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 O fficial Code of Georgia1 Annotated, relating to gambling, so as to revise certain except ions from the criminal2 prohibitions on gambling for coin operated amusement machines; to expand such exceptions3 to coin operated amusement machines that may be operated for the play of poker, blackjack,4 any other card game, or keno; to provide for conforming changes ; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Part 1 of Article 2 of Chapter 12 of Title 16 of the Official C ode of Georgia Annotated,9 relating to gambling, is amended in Code Section 16-12-20, relating to definitions regarding10 gambling, by revising paragraph (2) as follows:11 "(2) 'Gambling device' means:12 (A) Any contrivance which for a consideration affords the play er an opportunity to13 obtain money or other thing of value, the award of which is determined by chance even14 though accompanied by some skill, whether or not the prize is a utomatically paid by15 contrivance;16 H. B. 1373 - 1 - 26 LC 28 0741 (B) Any slot machine or any simulation or variation thereof; or17 (C) Any matchup or lineup game machine or device, operated for any consideration,18 in which two or more numerals, symbols, letters, or icons align in a winning19 combination on one or more lines vertically, horizontally, diag onally, or otherwise,20 without assistance by the player. Use of skill stops shall not be considered assistance21 by the player; or22 (D) Any video game machine or device, operated for any consideration, for the play23 of poker, blackjack, any other card game, or keno or any simulation or variation of any24 of the foregoing, including, but not limited to, any game in which numerals, numbers,25 or any pictures, representations, or symbols are used as an equivalent or substitute for26 cards in the conduct of such game.27 Any item described in subparagraph (B), or (C), or (D) of this paragraph shall be a28 prohibited gambling device subject to and prohibited by this part, notwithstanding any29 inference to the contrary in any other law of this state."30 SECTION 2.31 Said part is further amended in Code Section 16-12-35, relating to applicability of part and32 penalty for violation, by revising subsection (b) and paragraph (1) of subsection (d) as33 follows:34 "(b) Nothing in this part shall apply to a coin operated game o r device designed and35 manufactured for bona fide amusement purposes only which may by application of some36 skill entitle the player to earn replays of the game or device at no additional cost and to37 discharge the accumulated free replays only by reactivating the game or device for each38 accumulated free replay or by reactivating the game or device f or a portion or all of the39 accumulated free plays in a single play. This subsection shall not apply, however, to any40 game or device classified by the United States government as requiring a federal gaming41 tax stamp under applicable provisions of the Internal Revenue Code or any item described42 H. B. 1373 - 2 - 26 LC 28 0741 as a gambling device in subparagraph (B), o r (C), or (D) of paragraph (2) of Code43 Section 16-12-20."44 "(d)(1) Nothing in this part shall apply to a coin operated game or device designed and45 manufactured only for bona fide amusement purposes which involv es some skill in its46 operation if it rewards the player exclusively with:47 (A) Free replays;48 (B) Merchandise limited to noncash merchandise, prizes, toys, gift certificates, or49 novelties, each of which has a wholesale value of not more than $5.00 received for a50 single play of the game or device;51 (C) Points, tokens, vouchers, tickets, or other evidence of wi nnings which may be52 exchanged for rewards set out in subparagraph (A) of this parag raph or53 subparagraph (B) of this paragraph or a combination of rewards set out in54 subparagraph (A) and subparagraph (B) of this paragraph; or55 (D) Any combination of rewards set out in two or more of subpa ragraph (A), (B),56 or (C) of this paragraph.57 This subsection shall not apply, however, to any game or device classified by the United58 States government as requiring a federal gaming stamp under applicable provisions of the59 Internal Revenue Code or any item described as a gambling device in subparagraph (B),60 or (C), or (D) of paragraph (2) of Code Section 16-12-20."61 SECTION 3.62 All laws and parts of laws in conflict with this Act are repealed.63 H. B. 1373 - 3 -