Bill Text: GA SB431 | 2011-2012 | Regular Session | Introduced
Bill Title: Forgery and Fraudulent Practices; add medical identity fraud to the provisions relating to identity fraud; definitions
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-05-02 - Effective Date [SB431 Detail]
Download: Georgia-2011-SB431-Introduced.html
12 SB431/AP
Senate
Bill 431
By:
Senators Hill of the 32nd and Loudermilk of the 52nd
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 10-1-393, relating to unfair or deceptive practices in
consumer transactions unlawful, so as to further define unlawful lotteries with
regard to promotions; to amend Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to offenses against public health and morals, so as
to revise a definition; to provide for the applicability of certain provisions
to certain games and devices; to revise the prohibition regarding certain
noncash redemption items; to amend Title 48 of the Official Code of Georgia
Annotated, relating to revenue and taxation, so as to revise definitions
relating to coin operated amusement machines; to provide an exception from a
limitation on the allowable number of such machines at the same location; to
authorize local governments to adopt any combination of a list of ordinance
provisions relating to bona fide coin operated amusement machines; to provide
for related matters; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 10-1-393, relating to unfair or deceptive practices in consumer
transactions unlawful, is amended in paragraph (16) of subsection (b) by
revising subparagraph (N) and adding a new subparagraph to read as
follows:
"(N)
Any promotion involving an element of chance which does not conform with the
provisions of this paragraph shall be considered an unlawful lottery as defined
in Code Section 16-12-20.
Except as
provided in Code Section 16-12-35 and Chapter 17 of Title 48, any promotion
involving an element of chance which involves the playing of a game on a
computer, mechanical device, or electronic device at a place of business in this
state shall be considered an unlawful lottery as defined in Code Section
16-12-20 and shall not be permitted under this chapter. Any promotion involving
the playing of a no-skill game on a computer, mechanical device, or electronic
device at a place of business in this state shall be considered an unlawful
lottery as defined in Code
Section 16-12-20. The administrator
may seek and shall receive the assistance of the prosecuting attorneys of this
state in the commencement and prosecution of persons who promote and sponsor
promotions which constitute an unlawful lottery;
(N.1)
All prizes offered and awarded shall be noncash prizes only and shall not be
redeemable for cash;".
SECTION
2.
Chapter 12
of Title 16 of the Official Code of Georgia Annotated, relating to offenses
against public health and morals, is amended by revising paragraph (4) of Code
Section 16-12-20, relating to definitions, as follows:
"(4)
'Lottery' means any scheme or procedure whereby one or more prizes are
distributed by chance among persons who have paid or promised consideration for
a chance to win such prize, whether such scheme or procedure is called a pool,
lottery, raffle, gift, gift enterprise, sale, policy game, or by some other
name. Except
as otherwise provided in Code Section 16-12-35, a lottery shall also include the
payment of cash or other consideration or the payment for merchandise or
services and the option to participate in or play, even if others can
participate or play for free, a no skill game or to participate for cash, other
consideration, other evidence of winnings, or other noncash prizes by lot or in
a finite pool on a computer, mechanical device, or electronic device whereby the
player is able to win a cash or noncash prize, other consideration, or other
evidence of winnings. A lottery shall
also include the organization of chain letter or pyramid clubs as provided in
Code Section 16-12-38. A lottery shall not mean a:
(A)
Promotional giveaway or contest which conforms with the qualifications of a
lawful promotion specified in paragraph (16) of subsection (b) of Code
Section 10-1-393;
(B)
Scheme whereby a business gives away prizes to persons selected by lot if such
prizes are made on the following conditions:
(i)
Such prizes are conducted as advertising and promotional undertakings in good
faith solely for the purpose of advertising the goods, wares, and merchandise of
such business;
and
(ii)
No person to be eligible to receive such prize shall be required
to:
(I)
Pay any tangible consideration to the operator of such business in the form of
money or other property or thing of value;
(II)
Purchase any goods, wares, merchandise, or anything of value from such business;
or
(III)
Be present or be asked to participate in a seminar, sales presentation, or any
other presentation, by whatever name denominated, in order to win such prizes;
or
and
(iii)
The prizes awarded shall be noncash prizes and cannot be awarded based upon the
playing of a game on a computer, mechanical device, or electronic device at a
place of business in this state;
(C)
Raffle authorized under Code Section
16-12-22.1;
or
(D)
National or regional promotion, contest, or sweepstakes conducted by any
corporation or wholly owned subsidiary or valid franchise of such corporation,
either directly or through another entity, provided that, at the time of such
promotion, contest, or sweepstakes, such corporation:
(i)
Is registered under the federal Securities Exchange Act of 1934;
and
(ii)
Has total assets of not less than $100 million.
The
provisions of this part shall not be applicable to games offered by the Georgia
Lottery Corporation pursuant to Chapter 27 of Title
50."
SECTION
3.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising paragraphs (2.2) and (2.3) of Code Section 48-17-1,
relating to definitions relative to coin operated amusement machines, as
follows:
"(2.2)
'Class A machine' means a bona fide coin operated amusement machine that is not
a Class B
machine, does
not allow a successful player to carry over points won on one play to a
subsequent play or plays,
and:
(A)
Provides no reward to a successful player;
or
(B)
Rewards a successful player
only
with free replays or additional time to
play;
(C)
Rewards a successful player with noncash merchandise, prizes, toys, gift
certificates, or novelties in compliance with the provisions of subsection (c)
or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward
a successful player with any item prohibited as a reward in subsection (i) of
Code Section 16-12-35 or any reward redeemable as an item prohibited as a
reward in subsection (i) of Code Section 16-12-35;
(D)
Rewards a successful player with points, tokens, tickets, or other evidence of
winnings that may be exchanged only for items listed in subparagraph (C) of this
paragraph; or
(E)
Rewards a successful player with any combination of items listed in
subparagraphs (B), (C), and (D) of this paragraph.
(2.3)
'Class B machine' means a bona fide coin operated amusement machine that
rewards a
successful player with any combination of items listed in subparagraphs
(d)(1)(B) and (d)(1)(C) of Code Section
16-12-35
allows a
successful player to accrue points on the machine and carry over points won on
one play to a subsequent play or plays in accordance with paragraph (2) of
subsection (d) of Code Section 16-12-35 and:
(A)
Rewards a successful player in compliance with the provisions of paragraphs (1)
and (2) of subsection (d) of Code Section 16-12-35; and
(B)
Does not reward a successful player with any item prohibited as a reward in
subsection (i) of Code Section 16-12-35 or any reward redeemable as an item
prohibited as a reward in subsection (i) of Code Section
16-12-35."
SECTION
4.
Said
title is further amended by adding a new Code section to read as
follows:
"48-17-17.
In
addition to the state regulatory provisions regarding bona fide coin operated
amusement machines contained in Code Section 16-12-35 and this chapter, the
governing authority of any county or municipal corporation shall be authorized
to enact and enforce an ordinance which includes any or all of the following
provisions:
(1)
Prohibiting the offering to the public of more than nine Class B bona fide coin
operated amusement machines that reward the player exclusively with noncash
merchandise, prizes, toys, gift certificates, or novelties at the same business
location;
(2)
Requiring the owner or operator of a business location which offers to the
public any bona fide coin operated amusement machine that rewards the player
exclusively as described in subsection (d) of Code Section 16-12-35 to inform
all employees of the prohibitions and penalties set out in subsections (e), (f),
and (g) of Code Section 16-12-35;
(3)
Requiring the owner or possessor of any bona fide coin operated amusement
machine that rewards the player exclusively as described in subsection (d) of
Code Section 16-12-35 to inform each business owner or business operator of
the business location where such machine is located of the prohibitions and
penalties set out in subsections (e), (f), and (g) of Code Section
16-12-35;
(4)
Providing for the suspension or revocation of a license granted by such local
governing authority to manufacture, distribute, or sell alcoholic beverages or
for the suspension or revocation of any other license granted by such local
governing authority as a penalty for conviction of the business owner or
business operator of a violation of subsection (e), (f), or (g) of Code Section
16-12-35, or both. An ordinance providing for the suspension or revocation of a
license shall conform to the due process guidelines for granting, refusal,
suspension, or revocation of a license for the manufacture, distribution, or
sale of alcoholic beverages set out in subsection (b) of Code Section
3-3-2;
(5)
Providing for penalties, including fines or suspension or revocation of a
license as provided in paragraph (4) of this subsection, or both, for a
violation of any ordinance enacted pursuant to this subsection; provided,
however, that a municipal corporation shall not be authorized to impose any
penalty greater than the maximum penalty authorized by such municipal
corporation's charter;
(6)
Requiring any business owner or business operator subject to paragraph (1) of
subsection (b) of Code Section 48-17-15 to provide to the local governing
authority a copy of each verified monthly report prepared in accordance with
such Code section, incorporating the provisions of such Code section in the
ordinance, and providing for any and all of the penalties authorized by
subsection (d) of Code Section 48-17-15;
(7)
Requiring the business owner or business operator of any business location which
offers to the public one or more bona fide coin operated amusement machines to
post prominently a notice including the following or substantially similar
language:
'GEORGIA
LAW PROHIBITS PAYMENT OR RECEIPT OF MONEY FOR WINNING A GAME OR GAMES ON THIS
AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS
AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY,
GIFT CERTIFICATE, OR NOVELTY WON ON THIS AMUSEMENT MACHINE; OR AWARDING ANY
MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5.00
FOR A SINGLE PLAY OF THIS MACHINE.';
(8)
Providing for restrictions relating to distance from specified structures or
uses so long as those distance requirements are no more restrictive than such
requirements applicable to the sale of alcoholic beverages;
(9)
Requiring as a condition for doing business in the jurisdiction disclosure by
the business owner or business operator of the name and address of the owner of
the bona fide coin operated amusement machine or machines;
(10)
Requiring that all bona fide coin operated amusement machines are placed and
kept in plain view and accessible to any person who is at the business location;
and
(11)
Requiring a business that offers one or more bona fide coin operated amusement
machines to the public for play to post its business license or occupation tax
certificate."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to conduct that occurs on and
after such date. It is not the intention of this Act to abate any prosecution
undertaken for conduct occurring under the law in effect prior to such date, and
any offense committed before the effective date of this Act shall be prosecuted
and punished under the statutes in effect at the time the offense was
committed.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.