2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 27 - LOTTERY FOR EDUCATION (§§ 50-27-1 — 50-27-104) › Article 3 - COIN OPERATED AMUSEMENT MACHINES (§§ 50-27-70 — 50-27-104) › Part 1 - GENERALLY (§§ 50-27-70 — 50-27-89) › Section 50-27-87.1 - Unfair methods of competition; unfair and deceptive acts

(a)
The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts under this article:
(1)
Until the corporation certifies that the Class B accounting terminal authorized by Code Section
50-27-101
is implemented, a master licensee, location owner, or location operator retaining more than 50 percent of the net monthly proceeds for the operation of a Class B machine;
(2)
A master licensee or owner entering into an agreement with a manufacturer or distributor:
(A)
That grants the owner or master licensee exclusive rights to own, maintain, place, or lease a type, model, or brand of bona fide coin operated amusement machine in this state; or
(B)
For the lease of a bona fide coin operated amusement machine, its parts, or software or hardware;
(3)
A location owner or location operator asking, demanding, or accepting anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees from a manufacturer, distributor, or master licensee, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A location owner that violates this subsection shall have all of the location owner's state business licenses revoked for a period of one to five years per incident. The location owner also shall be fined up to $50,000.00 per incident and required to repay any incentive fees or other payments received from the operator; and
(4)
A manufacturer, distributor, operator, master licensee, or individual providing anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees to a location owner or location operator, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A manufacturer, distributor, operator, master licensee, or individual who violates this subsection shall have all of his or her state business licenses revoked for a period of one to five years per incident. The individual, manufacturer, distributor, owner, or master licensee also shall be fined up to $50,000.00 per incident.
(b)
The provision by the master licensee of non-fixtures on or within a building in which there is a licensed location at which bona fide coin operated amusement machines are located to a location owner or location operator with whom the master licensee has a contract for the placement of Class B machines shall not be deemed to be an unfair method of competition or unfair or deceptive act under this Code section; provided, however, that such non-fixtures shall:
(1)
Be limited to branded posters and signs, digital video signage, rugs, seating, removable partition walls, and wall coverings, unless additional non-fixtures are authorized by the corporation by the adoption of rules and regulations;
(2)
Be exclusively for the facilitation and promotion of the play of Class B machines and the redemption of approved gift cards;
(3)
Remain the property of the master licensee; and
(4)
Be removed not later than when the Class B machines of the master licensee are removed from the location.
Amended by 2024 Ga. Laws 586,§ 10, eff. 5/6/2024.
Amended by 2017 Ga. Laws 275,§ 50, eff. 5/9/2017.
Amended by 2015 Ga. Laws 18,§ 8, eff. 4/8/2015.
Added by 2013 Ga. Laws 15,§ 1-1, eff. 4/10/2013.