An Overview of Gambling Laws in the State Of Georgia

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Georgia is not a gambling-friendly State – in fact on a scale of restrictions and punishments for those organizing the games, this State sits just behind Utah and Hawaii in the ‘Least Gambling-Friendly State’ league. Residents do have a lottery, and can gamble on charity bingo games or even enter poker leagues with no player buy-ins. For casino or betting Georgians will either need to cross State borders or go out to see on one of two Casino cruises that operate in International waters off of the coast. This guide to Georgia gambling laws has all the information you need.

First below, you will find a quick-fire history of the gambling legislation of Georgia. On this page is will read more like a chronology of when things were banned than anything else. After that there is a game-by-game guide, which outlines the different options for different forms of gambling. Next you will find a timeline and snippets from the current legislation – followed by a summary and look into the future at the bottom of this page.

Georgia Gambling Laws – A Brief History

This has always been a conservative State, and the history of gambling is one of crack-downs and reigning in of unlicensed operators. The first gambling was from the heyday of Southern lotteries which were in the 1800’s – lead by southern neighbor Louisiana. In 1878 Georgia passed a law banning the sale of lottery tickets, and it would be more than 100 years before a modern State lottery was set up – the first draw taking place in 1993.

While many surrounding States legalized horse and / or greyhound race betting via pooled or Pari-Mutuel machines – Georgia stood firm. It would be 1976 before the first limited carve-out was instigated. This was for charity bingo and raffles – and is tightly licensed even today.

What you will find in this State is a history of residents finding a way to gamble regardless of what the State does. This included online gambling and poker, which like in many States is not specifically banned – but is assumed to come under the wide anti-gambling remit of the State. There have also been some more creative efforts.

The most successful of these are ‘cruises to nowhere’ which take place from the Georgia coast. You get into a ship, sail out to international waters – where you can legally gamble. There are currently 2 such boats operating.

After South Carolina banned Video Poker machines – a flood of these devices found their way to Georgia. A loophole in the law involving payouts via tickets meant that they were legal – at least in the opinion of the operators. The government lost no time on this one, pushing through some legislation which made the machines completely illegal in 2002.

Like in other States, internet cafes have appeared which are used as quasi-casinos. These underground establishments provide gambling to a lot of people. In 2011 they caught the eye of the State prosecutors – who have been busy cracking down on them ever since.

With the Republican senate voting (narrowly) in 2012 to establish a casino which would pay for education, there is some hope for the future. That particular bill was not signed, though there is hope for both casino and horse racing over the next few years. The consensus among experts is that internet gambling is not on the cards any time soon.

An Overview of Which Gambling Games Are Legal

Casino Games: No, though there is some hope on this front with a small majority of Republican senators in Georgia voting to allow a casino to be built – with profits funding the community college program. This was put on hold by Governor Nathan Deal, who said a bigger majority was needed. You can enjoy casino cruises from Georgia which sail out to international waters in order to host gambling games.

Online Casinos: No, there is nothing explicitly banning internet gambling in Georgia, however the general definitions of bets and gambling devices are wide enough that it is assumed they cover this.

Live Poker: No, you can‘t play poker for money, however there are bar poker free-entry games and leagues where prizes can be won without having to pay an entry fee. The bars add the prizes, and make their money back from the additional drinkers in their bars.

Online Poker: No, it is not expected that Georgia will join the list of States regulating online poker at any point soon.

Sports Betting: No, unlike other States there is not even pari-mutuel horse and dog racing allowed. Since this kind of racing can‘t take place on boats the only options are to travel West to Arkansas or South to Florida.

Lottery Betting: Yes, there has been a lottery since 1992, which has proven to be very popular among residents.

Bingo Games: Yes, charity bingo games and raffles are permitted in Georgia.

Georgia Gambling Laws – Key Statutes and Legal Timeline

While the history of gambling goes way back to the Southern Lotteries of the 1840’s – more recent legislation has been almost completely anti-gambling. The State code criminalizes the act of betting and owning a ‘gambling device’ even if that device has never been used for gambling.

Here are the key parts of the current State legislation:

[su_quote cite=”Chapter 16-12-20″ url=”http://law.justia.com/codes/georgia/2010/title-16/chapter-12/article-2/part-1/16-12-20″]”Bet” means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value…[/su_quote]

This is the very strict part covering Gambling Devices:

[su_quote]Any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance;[/su_quote] (the code goes on to mention specific machines)

The one silver-lining in an otherwise extremely tough anti-gambling code is that the individual players caught gambling are only guilty of a misdemeanor. Those organizing or earning money from illegal gambling activity are treated far more harshly.

Here is a timeline of key gambling legislation events in Georgia:

1976: A constitutional amendment legalizes Bingo for non-profit organizations with strictly limited terms and prizes not exceeding $1500 per day or $3000 per week.

1992: Georgia Lottery created, with the first draw taking place on June the 39th 1993. Profits from this are used to enhance education funding in the State.

2000: Legal loophole sees the proliferation of Video Poker machines throughout the State, this is abruptly closed in 2002.

2011: Crackdown on Internet cafes which were set up as gambling outlets announced.

2012: The Senate vote to establish a casino with the intention of funding the community college program. This follows a model already working well in neighboring Arkansas. The bill was not signed into law by Governor Nathan Deal, who reportedly wanted to see a larger majority in favor before proceeding.

Georgia Gambling Laws – Summary and Future Outlook

Things are difficult for Georgia residents, with very few options for gambling that do not involve either playing bingo or leaving the State borders. Tentative steps towards opening a State casino still face opposition – though momentum does seem to be building faster for horse racing.

This State will likely be the last to embrace online gambling – possibly only ahead of Utah. One thing is for certain in GA, the residents are creative, and will come up with some way or another of staying ahead of the law and enjoying the online games.

Useful Resources:

Early History of The Southern Lotteries (covers several States)

Charity Gambling Laws

GA Code (Need to drill down to find the gambling laws, only the main URL works for visits)

Summary Of Laws

What Constitutes Gambling?

Under the Remote Gambling Act (RGA), “gambling” is broadly defined to include betting, gaming, and participating in a lottery.

The RGA defines “betting” to include the staking of money or money’s worth on the outcome of a horse-race or sporting event.

Under the Common Gaming Houses Act (CGHA), “gaming” refers to any game involving an element of chance, or of mixed chance and skill, where players stand to gain money or money’s worth of rewards.

Games which do not involve money (e.g. a simple game of mahjong between friends with no cash involved) do not fall under the CGHA.

The CGHA also regulates public lotteries, which is defined as a lottery to which the public or any class of the public has or may have access. A “lottery” is defined as any game, scheme or competition whereby money or money’s worth is distributed in a manner dependent on chance, whether or not such a lottery is held or managed within or outside Singapore.

When is it Legal to Gamble in Singapore?

Gaming in a “common gaming house

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” is an offence under the CGHA. A “common gaming house” includes any place kept or used for gaming, habitual gaming and public lottery, whether or not the public has access to it.

Thus, whether the gambling behaviour in question crosses the line into an illegal act depends on whether the gambling venue is kept as a common gaming house, or a place to be used for gaming.

Private gambling

While the CGHA does not provide a definition for private gambling, it is generally considered as gambling in a place to which the public may not have access (e.g. at home).

Private gambling constitutes an offence if the place where such gambling is carried out is kept specifically for the purpose of habitual gaming as a common gaming house.

Anyone found guilty of gaming in a common gaming house will be liable for a fine up to $5,000, or to imprisonment for a term up to 6 months, or to both.

Gambling in public

Gambling in public refers to gambling in a place to which the public may have access and includes any place in which 10 or more persons are employed.

It is illegal to gamble in any public place. For example, gambling at a funeral held in a void deck may be illegal as a void deck is a public place.

However, if the funeral is held in a private place (e.g. rented space for events) to which the public does not have access, gambling there may be illegal as long as the private place in question does not constitute a common gaming house (as mentioned above).

Anyone found guilty of gaming in a public place will be liable for a fine up to $5,000, or to imprisonment for a term up to 6 months, or to both. Their gaming instruments may also be seized and forfeited.

Placing bets with bookmakers

Bookmakers’ activities are regulated under the Betting Act. Under the Betting Act, a bookmaker is any person who receives or negotiates bets or wagers on a cash or credit basis in exchange for money or money’s worth.

Any person who bets or wagers with a private bookmaker (also known as a “bookie”) in any place or by any means shall be guilty of an offence. Offenders will be liable for a fine up to $5,000, or to imprisonment for a term up to 6 months, or to both.

On the other hand, it will not be illegal to bet with exempted bookmakers such as Singapore Pools, Tote Board and the licensed casinos here.

Playing with jackpot machines

As jackpot gambling falls under the definition of “gaming” in the CGHA, it is illegal to participate in jackpot gambling in a common gaming house or in public unless the jackpot machine is located in a club which is permitted to operate the machine.

Is there a Minimum Age to Gamble Legally in Singapore?

The minimum age to gamble legally in Singapore varies according to the venue of the gambling activity. There is no one minimum age that applies to all gambling activities.

Generally, you have to be at least 18 years of age to gamble in Singapore. For example, Singapore Pools only allows individuals aged 18 and above to buy 4D or TOTO tickets, or placing horse racing bets. To have an account with Singapore Pools, you need to be at least 21 years old.

Under the Casino Control Act, you have to be at least 21 years of age before you can legally gamble in casinos. Minors found guilty of faking their age to gain entry to the casinos will be liable for a fine up to $1,000.

Online Gambling under the Remote Gaming Act

What is online gambling?

Under the RGA, “online gambling”, also known as “remote gambling”, is defined as gambling in which players participate through remote communication.

Such remote communication includes communication through the Internet, telephone, television or radio, or any other kind of electronic or other technology which facilitates communication.

Legality of online gambling

Section 8 of the RGA states that anyone who gambles through remote communication and uses a remote gambling service (explained below) shall be guilty of an offence.

It does not matter whether the gambling was done by the individual only, or together with any other person, or whether the individual directly or indirectly participated in the gambling.

What is a gambling service?

A “gambling service” is defined to include a service for the:

1. Conduct of a public lottery;
2. Supply of public lottery tickets;
3. Placing, making or accepting of bets; or
4. Conduct of game of chance where the game is played for money, or money’s worth, and customers give money, or money’s worth, to play the game.

Point (4) however, does not apply to social games and mobile applications which allow players to purchase tokens or game-enhancement features. This is as long as these games do not provide facilities to convert these tokens or features to money, or to real-world merchandise which can be exchanged for money.

When is online gambling legal?

Online gambling is legal if it is done through an exempt operator. Currently, only Singapore Pools and Singapore Turf Club have been granted certificates of exemption under the RGA. However, other operators may be granted certificates of exemption in the future.

In the event of doubt, it would be best to obtain more information as to the exemption status of operators by lodging an inquiry with the Ministry of Home Affairs.

Consequences of illegal online gambling

If you have participated in unlawful remote gambling activity, a financial institution provider may be issued with a payment blocking order that may:

• Prevent it from accepting credit extended to you;
• Prevent it from accepting any cheque, bank draft or similar instrument which is drawn by or issued to you;
• Prevent it from accepting any funds transfer to or from you; or
• Cause it to block payments or prohibit transactions where these use merchant codes customarily associated with gambling transactions.

You can also be arrested without a warrant.

If you are found guilty of unlawful remote gambling under the RGA, you will be liable for pay a fine up to $5,000, or to imprisonment for a term up to 6 months, or to both.

Sentencing guidelines

The sentencing framework for first-time offenders under section 8 of the RGA was considered in the case of Lau Jian Bang v PP.

In that case, the court stated that first-time offenders under section 8 of the RGA will generally be fined at least $1,000 instead of receiving an imprisonment term.

The exact amount of the fine is pegged to the amount of the offender’s bets. Factors which could increase the amount of the fine would include steps taken to conceal one’s illegal bets and lack of remorse. An offender who pleads guilty in a timely manner or cooperates with the authorities may face a smaller fine.

An imprisonment term will generally only be imposed in cases involving repeat offenders.

Prohibition against inviting persons under 21 to gamble online

Under section 13 of the RGA, it is an offence to invite, permit, or cause a person under 21 years of age to gamble online in Singapore.

This includes actions such as sending the person an advertisement about an online gambling service or highlighting information about online gambling to that person with a view of encouraging him or her to gamble online.

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Anybody found guilty of inviting a person under 21 years of age to gamble remotely shall be liable for pay a fine of at least $20,000 and up to $300,000, or to imprisonment for a term up to 6 years, or to both. This is unless you can prove that you took all reasonable steps to determine the individual’s age and that you reasonably believed that the individual was at least 21 years of age.

Tips on Gambling Legally in Singapore

Gamble in a private place with trusted friends

In order to avoid being charged for illegal gambling, you must not gamble in a public place, or a common gaming house where habitual gaming takes place.

It is also best to gamble only with a trusted group of friends and refrain from adding others to this group. This is because inviting strangers to gamble may be construed as gambling in a place to which the public may have access, constituting the offence of gambling in a “public place”.

Avoid gambling with seasoned gamblers as they may attract unwanted attention from the authorities. Seasoned gamblers may be characterised as those who are willing to spend large sums of money when gambling, or those who have outstanding debts due to their gambling habits.

Place small bets

You should cap your bets at a small amount. This this will help authorities to understand that you are engaging in a social activity with friends, instead of operating a common gaming house.

Bet only with exempted betting operators

Avoid private bookies, and place bets only with exempt betting operators. You should also not attempt to flout the minimum age requirement for betting with exempt operators.

Steps to Take If You Have Been Charged with a Gambling Offence

If you have been charged with a gambling offence, you may want to consider hiring a criminal lawyer to represent you in court.

The lawyer may assist you in seeking acquittal in the event that you did not in fact commit the offence in question.

For example, say that you have been found playing mahjong in public. Under the law, you will be presumed to be gaming in public for money or money’s worth, which is an offence.

However if there was actually no money involved in your mahjong session, a lawyer can highlight this to try and help acquit you of the offence.

Alternatively, the lawyer may assist you by establishing a defence or, if you are convicted of the offence, by seeking a lesser penalty for it.

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