§ 50-27-87-1 — Unfair methods of competition; unfair and deceptive acts

Georgia § 50-27-87-1

• Jurisdiction: Georgia
• Title: 50

Text

(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.

Legislative History

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.