PocketLaw | Georgia Code | Penalties for Violations by Location Owners

Penalties for Violations by Location Owners or Operators

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Except as specifically provided in this article, for single or repeated violations of this article by a location owner or location operator who offers one or more bona fide coin operated amusement machines for play by the public, the corporation may impose the following penalties on such a location owner or location operator:
1. A civil fine in an amount specified in rules and regulations promulgated in accordance with this article; or
2. For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public.
Before a penalty is imposed in accordance with this Code section, a location owner or location operator shall be entitled to at least 30 days' written notice and, if requested, a hearing as provided in Code Section 50-27-74. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 50-27-74, and an order imposing a penalty shall be delivered in the manner provided for delivery of the corporation's orders to applicants for licenses and holders of licenses in Code Section 50-27-75.
In the case of a suspension or revocation in accordance with this Code section, the corporation shall require the location owner or location operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a location owner or location operator who has been penalized by a suspension or revocation during the period of the suspension or revocation.

(Code 1981, §48-17-16, enacted by Ga. L. 2010, p. 470, § 7/SB 454; Code 1981, §50-27-85, as redesignated by Ga. L. 2013, p. 37, § 1-1/HB 487.)

The 2013 amendment, effective April 10, 2013, redesignated former Code Section 48-17-16 as present Code Section 50-27-85; throughout this Code section, substituted "location" for "business", substituted "corporation" for "commissioner", and substituted "article" for "chapter"; substituted "Except as specifically provided in this article, for" for "For" at the beginning of the introductory language of subsection (a); in subsection (b), inserted "as provided in Code Section 50-27-74" at the end of the first sentence and, in the second sentence, substituted "Code Section 50-27-74" for "Code Section 48-17-5" near the middle, and substituted "corporation's" for "commissioner's" and "Code Section 50-27-75" for "Code Section 48-17-6" near the end.

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.

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