PocketLaw | Georgia Code | Limitation on Percent of Monthly Gross

Limitation on Percent of Monthly Gross Retail Receipts Derived From Machines; Monthly Verified Reports; Issuance of Fine or Revocation or Suspension of License for Violations; Submission of Electronic Reports

Checkout our iOS App for a better way to browser and research.

As used in this Code section, the term:
1. "Amusement or recreational establishment" means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years.
2. "Business location" means any structure, vehicle, or establishment where a business is conducted.
3. "Gross retail receipts" means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. The sale of goods or services for which the business will receive only a commission shall not include the sale of any item which the business has purchased for resale. Revenue shall not include the sale of goods and services at wholesale.
1. No location owner or location operator shall derive more than 50 percent of such location owner's or location operator's monthly gross retail receipts for the business location in which the Class B machine or machines are situated from such Class B machines; provided, however, that revenues that are due to a master licensee or the corporation or noncash redemption that is earned by the player shall not be deemed revenue derived from Class B machines.
2. No location owner or location operator shall offer more than nine Class B machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment.
For each business location which offers to the public one or more Class B machines, the location owner or location operator shall prepare a monthly verified report setting out separately by location in Georgia:
1. The gross receipts from the Class B machines;
2. The gross retail receipts for the business location; and
3. The net receipts of the Class B machines.
In accordance with the provisions of Code Section 50-27-73 and the procedures set out in Code Sections 50-27-74 and 50-27-75, the corporation may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or revoke or suspend a location license or master license for single or repeated violations of subsection (b) of this Code section.
A location owner or location operator shall report the information prescribed in this Code section in the form required by the corporation. Such report shall be submitted in an electronic format approved by the corporation.
Beginning on August 20, 2013, and on the twentieth day of each month thereafter, for the previous month, the reports required by subsections (c) and (c.1) of this Code section shall be supplied to the corporation on forms provided by the corporation, including electronic means. The corporation shall be authorized to audit any records for any such business location or master licensee subject to this Code section. The corporation may contract with any state agencies to perform the audits authorized by this Code section, and it may contract or enter into a memorandum of understanding with the Department of Revenue to enforce the provisions of this Code section.

(c.1)Each person holding a Class B master license shall prepare a monthly verified report setting out separately by location in Georgia:

The gross receipts from the Class B machines which the master licensee maintains; and

The net receipts of the Class B machines.

(Code 1981, §48-17-15, enacted by Ga. L. 1999, p. 1223, § 2; Ga. L. 2010, p. 470, § 6/SB 454; Code 1981, §50-27-84, as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487; Ga. L. 2015, p. 39, § 6/SB 190; Ga. L. 2016, p. 762, § 3/SB 388.)

The 2013 amendment, effective April 10, 2013, redesignated former Code Section 48-17-15 as present Code Section 50-27-84; throughout this Code section, substituted "location" for "business", deleted "bona fide coin operated amusement" following "Class B", and substituted "corporation" for "commissioner"; rewrote subsection (c), which read: "For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business owner or business operator shall prepare a monthly verified report setting out separately the gross retail receipts from the Class B bona fide coin operated amusement machines and the gross retail receipts for the business location. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location."; added subsection (c.1); substituted "Code Section 50-27-73 and the procedures set out in Code Sections 50-27-74 and 50-27-75" for "Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6" in subsection (d); and added subsection (f).

The 2015 amendment, effective July 1, 2015, in subsection (b), added the proviso at the end of paragraph (b)(1), and substituted "No location" for "Except as authorized by a local ordinance, no location" at the beginning of paragraph (b)(2).

The 2016 amendment, effective May 3, 2016, in paragraph (a)(3), added the second sentence, and substituted "Revenue shall not include the sale of goods and services at wholesale" for "Revenue from the sale of goods and services at wholesale shall not be included" in the last sentence; and, in paragraph (b)(1), near the end, inserted "or noncash redemption that is earned by the player".

Editor's notes.

- Ga. L. 2013, p. 37, § 3-1/HB 487, not codified by the General Assembly, provides, in part, that: "(b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law.

"(c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited." As of July 2020, no such decision has been issued.

Download our app to see the most-to-date content.