25 LC 55 0516
Senate Bill 208
By: Senator Hickman of the 4th
A BILL TO BE ENTITLED
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
1
so as to authorize and provide for the regulation and taxation of sports betting in this state;2
to provide for additional powers and duties of the Georgia Lottery Corporation; to provide3
for the corporation to engage in certain activities related to sports betting; to provide for a4
short title; to provide for legislative findings; to revise and provide for definitions; to provide5
for the corporation's powers and duties relative to sports betting; to provide for the6
procedures, limitations, requirements, and qualifications of the licensing of any person7
offering, operating, or managing sports betting in this state; to provide for rules and8
regulations promulgated by the corporation; to provide for a privilege tax; to require certain9
reports; to regulate wagers and provide requirements for bettors; to provide for bettors to10
restrict themselves from placing certain wagers; to provide certain resources for individuals11
with problem gambling or a betting or gambling disorder; to provide for the collection and12
disposition of fees and fines; to prohibit certain conduct by the corporation, employees of the13
corporation, licensees, and other persons; to provide for certain penalties; to provide for14
construction; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of15
Georgia Annotated, relating to gambling, so as to exclude any consideration paid to a sports16
betting licensee from the definition of "bet"; to provide for the exemption of persons licensed17
for online sports betting from regulations and restrictions regarding gambling information;18
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to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and
19
taxation, so as to exempt wagers placed as part of sports betting; to provide for related20
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
PART I23
SECTION 1-1.24
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended25
in Code Section 50-27-3, relating to definitions for the "Georgia Lottery for Education Act,"26
by revising paragraphs (13) and (20) and adding a new paragraph to read as follows:27
"(13) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance28
approved by the board and operated pursuant to this chapter, including, but not limited29
to, instant tickets, on-line
online games, online sports betting, and games using30
mechanical or electronic devices but excluding pari-mutuel betting and casino gambling31
as defined in this Code section."32
"(20) 'Pari-mutuel betting' means a method or system of wagering on actual races33
involving horses or dogs at tracks which involves the distribution of winnings by pools.34
Such term shall not mean lottery games which may be predicated on a horse racing or dog35
racing scheme that does not involve actual track events. Such term shall not mean the36
lottery game of sports betting or traditional lottery games which may involve the37
distribution of winnings by pools."38
"(23.1) 'Sports betting' shall have the same meaning as provided in Code Section39
50-27-122."40
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SECTION 1-2.
41
Said title is further amended in Code Section 50-27-9, relating to general powers of the42
Georgia Lottery Corporation, by revising paragraphs (18) and (19) of subsection (a) and43
adding a new paragraph to read as follows:44
"(18) To act as a retailer, to conduct promotions which involve the dispensing of lottery45
tickets or shares, and to establish and operate a sales facility to sell lottery tickets or46
shares and any related merchandise; and
47
(19) To perform any actions and carry out any responsibilities provided for in Article 448
of this chapter; and49
(19)(20) To adopt and amend such regulations, policies, and procedures as necessary to50
carry out and implement its powers and duties, organize and operate the corporation,51
regulate the conduct of lottery games in general, and any other matters necessary or52
desirable for the efficient and effective operation of the lottery or the convenience of the53
public. The promulgation of any such regulations, policies, and procedures pursuant to54
this article and Article 2 of this chapter shall be exempt from the requirements of Chapter55
13 of this title, the 'Georgia Administrative Procedure Act.' Notwithstanding any other56
provision of law to the contrary, hearings related to any dispute between licensees under57
Code Section 50-27-102 shall be held in accordance with the provisions of Part 1 of58
Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.' All other hearings and59
any rules, regulations, policies, or procedures related to the administration, enforcement,60
or violation of this article shall be subject to the provisions of Chapter 13 of this title."61
62
PART II63
SECTION 2-1.64
Said title is further amended by adding a new article to Chapter 27, relating to the "Georgia65
Lottery for Education Act," to read as follows:66
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"ARTICLE 467
Part 168
50-27-120.69
This article shall be known and may be cited as the 'Georgia Lottery Game of Sports70
Betting Act.'71
50-27-121.72
The General Assembly finds that:73
(1) Article I, Section II, Paragraph VIII(c) of the Constitution of the State of Georgia74
authorizes the General Assembly to provide by law for any matters relating to purposes75
or provisions of that subparagraph, which purposes and provisions include the operation76
and regulation of a lottery or lotteries and which purposes and provisions may encompass77
sports betting as a game or games offered by the Georgia Lottery Corporation;78
(2) Sports betting shall be overseen and regulated, and may also be offered, by the79
Georgia Lottery Corporation in a manner that provides continuing entertainment to the80
public, maximizes revenues, and ensures that sports betting is operated in this state with81
integrity and dignity and free of political influence;82
(3) The corporation shall be accountable to the General Assembly and to the public for83
the management and oversight of sports betting in this state through a system of audits84
and reports;85
(4) The ability to offer sports betting in this state under a license issued in accordance86
with this article constitutes a taxable privilege and not a right;87
(5) Net proceeds of sports betting conducted pursuant to this article shall be used for the88
purposes authorized by Article I, Section II, Paragraph VIII of the Constitution of89
Georgia; and90
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(6) In accordance with Code Section 50-27-2, sports betting shall be conducted in a91
manner so as to safeguard the fiscal soundness of the state, to enhance public welfare, and92
to support the funding authorized by Article I, Section II, Paragraph VIII of the93
Constitution of Georgia.94
50-27-122.95
As used in this article, the term:96
(1) 'Adjusted gross income' means the total of all moneys paid to a licensee as bets minus97
federal excise taxes and minus the total amount paid out to winning bettors, including the98
cash value of merchandise.99
(2) 'Applicant' means any person that applies for a license under this article.100
(3) 'Bettor' means an individual who is:101
(A) Physically present in this state when placing a wager with a licensee;102
(B) Twenty-one years of age or older; and103
(C) Not prohibited from placing a wager or bet under Code Section 50-27-162.104
(4) 'Bond' means a bond held in escrow for the purpose of maintaining adequate reserves105
to account for losses suffered by a licensee and owed to bettors.106
(5) 'Cheating' means improving the chances of winning or altering the outcome through107
deception, interference, or manipulation of a sporting event or of any equipment,108
including software, pertaining to or used in relation to the equipment used for or in109
connection with the sporting event on which wagers are placed or invited. Such term110
shall include match fixing and attempts and conspiracy to cheat.111
(6) 'Collegiate sporting event' means a sporting or athletic event involving a sports or112
athletic team of a public or private institution of higher education.113
(7) 'Esports event' means an organized video game competition between players who114
play individually or as teams.115
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(8) 'Fantasy or simulated contest' means a game or event in which one or more players116
compete based on winning outcomes that reflect the relative knowledge and skill of the117
players and are determined predominately by accumulated statistical results of the118
performance of individuals, including, but not limited to, athletes in sporting events.119
(9) 'Fixed-odds betting' means bets made at predetermined odds or on the spread where120
the return to the bettor is unaffected by any later change in odds or the spread.121
(10) 'Futures bet' means a wager made on the occurrence of an event in the future122
relating to a sporting event.123
(11) 'Institutional investor' means:124
(A) A retirement fund administered by a public agency for the exclusive benefit of125
federal, state, or local public employees;126
(B) An investment company registered under the Investment Company Act of 1940;127
(C) A chartered or licensed life insurance company or property and casualty insurance128
company;129
(D) A banking and other chartered or licensed lending institution;130
(E) An investment advisor registered under the Investment Advisers Act of 1940; or131
(F) A pension investment board.132
(12) 'License' means any of the licenses issued by the corporation under this article.133
(13) 'Licensee' means a person that holds a license issued by the corporation under this134
article.135
(14) 'Master sports betting licensee' means the Georgia Lottery Corporation.136
(15) 'Material nonpublic information' means information that has not been disseminated137
publicly concerning an athlete, contestant, prospective contestant, or athletic team,138
including, without limitation, confidential information related to medical conditions or139
treatment, physical or mental health or conditioning, physical therapy or recovery,140
discipline, sanctions, academic status, education records, eligibility, playbooks, signals,141
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schemes, techniques, game plans, practices, strategies, assessments, systems, drills, or142
recordings of practices or other athletic activities.143
(16) 'Minor' means an individual who is less than 21 years of age.144
(17) 'Money line' means the fixed odds in relation to a dollar amount that a team or145
person participating in a sporting event will win outright regardless of the spread.146
(18) 'Official event data' means statistics, results, outcomes, and other data related to a147
sporting event obtained pursuant to an agreement with the relevant sporting events148
operator whose corporate headquarters is based in the United States or an entity expressly149
authorized by such sporting events operator to provide such information to licensees for150
purposes of determining the outcome of tier 2 sports wagers on such sporting event.151
(19) 'Official league data' means statistics, results, outcomes, and other data related to152
a sporting event obtained pursuant to an agreement with the relevant professional sports153
governing body whose corporate headquarters is based in the United States or an entity154
expressly authorized by such professional sports governing body to provide such155
information to licensees for purposes of determining the outcome of tier 2 sports wagers.156
(20) 'Online sports betting' means a wager on a sporting event that is placed via the157
internet through any electronic device and accepted through an online sports betting158
platform that is operated by a Type 1 sports betting licensee or such licensee's online159
sports betting services provider.160
(21) 'Online sports betting platform' means the combination of hardware, software, and161
data networks used to manage, administer, or control online sports betting and any162
associated wagers accessible by any electronic means.163
(22) 'Online sports betting services provider' means a person that contracts with the164
master sports betting licensee or a Type 1 sports betting licensee under Code Section165
50-27-133 to operate online sports betting on behalf of such licensee and that is licensed166
by the corporation.167
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(23) 'Over/under bet' means a single wager that predicts whether the combined score of168
the two persons or teams engaged in a sporting event will be lower or higher than a169
predetermined number.170
(24) 'Parlay bet' means a single wager that incorporates two or more individual bets for171
purposes of earning a higher payout if each bet incorporated within the wager wins.172
(25) 'Principal owner' means a person that owns an interest of 10 percent or more of the173
entity.174
(26) 'Professional sporting event' means an athletic or sporting event involving at least175
two competitors who have the opportunity to receive compensation for participating in176
such event.177
(27) 'Professional sports governing body' means the organization, league, or association178
that oversees a sport and prescribes final rules and enforces codes of conduct with respect179
to such sport and participants therein.180
(28) 'Professional sports team' means a major league professional team:181
(A) Based in this state;182
(B) That plays baseball, football, men's basketball, soccer, or women's basketball; and183
(C) Whose regular season games have had the highest attendance for its respective184
sport during the past five years.185
(29) 'Proposition bet' means a wager on a single specific action, statistic, occurrence, or186
nonoccurrence to be determined during a sporting event and includes any such action,187
statistic, occurrence, or nonoccurrence that does not directly affect the final outcome of188
the sporting event to which it relates.189
(30) 'Relative' means a spouse, father, mother, son, daughter, grandfather, grandmother,190
brother, sister, uncle, aunt, cousin, nephew, niece, father-in-law, mother-in-law,191
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,192
stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.193
(31) 'Sporting event' means any:194
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(A) Professional sporting event, including motor sports sanctioned by a national or195
international organization or association;196
(B) Collegiate sporting event;197
(C) Olympic sporting or athletic event;198
(D) Sporting or athletic event sanctioned by a national or international organization or199
association;200
(E) Sporting or athletic event conducted or organized by a sporting events operator;201
(F) Esports event; or202
(G) Other event authorized by the corporation.203
Such term shall not include a nonprofessional or non-Olympic sporting or athletic event204
if the majority of the participants are under the age of 18.205
(32) 'Sporting events operator' means a person that conducts or organizes a sporting206
event for athletes or other participants that is not held or sanctioned as an official sporting207
event of a professional sports governing body.208
(33) 'Sports betting' means online sports betting.209
(34) 'Sports betting equipment' means any of the following that is directly used in210
connection with the operation of sports betting:211
(A) Any mechanical, electronic, or other device, mechanism, or equipment;212
(B) Any software, application, components, or other goods; or213
(C) Anything to be installed or used on a patron's personal electronic device.214
(35)(A) 'Sports betting supplier' means a person that directly provides sports betting215
equipment necessary for the creation of sports betting markets and the determination216
of bet outcomes to any licensee involved in the acceptance of bets, including any of the217
following:218
(i) Providers of data feeds and odds services;219
(ii) Internet platform providers;220
(iii) Risk management providers:221
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(iv) Integrity monitoring providers; and222
(v) Other providers of sports betting supplier services as determined by the223
corporation.224
(B) Such term shall not include a professional sports governing body that:225
(i) Provides official league data concerning its own sporting event to a sports betting226
licensee solely on that basis; or227
(ii) Provides raw statistical match data to one or more designated and licensed228
suppliers of data feeds and odds services solely on that basis.229
(36) 'Spread' means the predicted scoring differential between two persons or teams230
engaged in a sporting event.231
(37) 'Supervisory employee' means a principal owner or employee having the authority232
to act on behalf of a licensee or whose judgment is relied upon to manage and advance233
the business operations of a licensee.234
(38) 'Tier 1 sports wager' means a sports wager that is determined solely by the final235
score or final outcome of the sporting event and is placed before the sporting event has236
begun.237
(39) 'Tier 2 sports wager' means a wager that is not a tier 1 sports wager.238
(40) 'Type 1 eligible entity' means any of the following:239
(A) Any professional sports team, or its designee;240
(B) A professional sports governing body that holds one or more sanctioned annual241
golf tournaments on a national tour of professional golf in this state, and has held one242
or more of the same or different sanctioned annual golf tournaments on a national tour243
of professional golf in this state for at least 30 years;244
(C) The owner of a facility in this state that has held an annual invitational golf245
tournament for professional and amateur golfers for at least 30 years;246
(D) The owner of a facility located in this state that hosts automobile races on a247
national association for stock car racing national tour or a wholly owned for-profit248
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subsidiary of the owner of such a facility, if the owner is a nonprofit corporation or249
nonprofit organization;250
(E) The Georgia Lottery Corporation; and251
(F) Any entity that directly, or through one of its members or shareholders, has been252
approved in this state by the National Steeplechase Association for at least six months253
prior to the effective date of this article.254
(41) 'Type 1 sports betting licensee' means the master sports betting licensee, an online255
sports betting services provider that contracts with the master sports betting licensee, or256
a Type 1 eligible entity licensed or authorized by the corporation to directly or indirectly257
offer online sports betting.258
(42) 'Wager' or 'bet' means a sum of money that is risked by a bettor on the unknown259
outcome of one or more sporting events. Such term shall be limited to fixed-odds betting,260
futures bets, a tier 1 or tier 2 sports wager, a money line bet, an over/under bet, a parlay261
bet, a proposition bet, or a bet on the spread. Such term shall not include a pari-mutuel262
bet or wager or an entry fee paid to participate in a fantasy or simulated contest.263
50-27-123.264
(a) The corporation shall have all powers and duties necessary to carry out the provisions265
of this article and to exercise the control of the lottery game of sports betting in this state266
as authorized by this article. Such powers and duties shall include, but shall not be limited267
to, the following:268
(1) To have jurisdiction, supervision, and regulatory authority over sports betting,269
including, but not limited to, regulation, licensure, and offering of sports betting on270
mobile applications available state wide via the internet and through a limited number of271
licenses to be awarded to Type 1 sports betting licensees;272
(2) To have jurisdiction and supervision of all persons conducting, participating in, or273
attending any facility with sports betting;274
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(3) To appoint and employ such persons as the corporation deems essential to perform275
its duties under this article and to ensure that such sports betting is conducted with order276
and the highest integrity. Such employees shall possess such authority and perform such277
duties as the corporation shall prescribe or delegate to them. Such employees shall be278
compensated as provided by the corporation;279
(4) To enter upon, investigate, and have free access to all places of business of any280
licensee under this article and to compel the production of any books, ledgers, documents,281
records, memoranda, or other information of any licensee to ensure such licensee's282
compliance with the rules and regulations promulgated by the corporation pursuant to this283
article. Such rules and regulations shall be exempt from the requirements of Chapter 13284
of this title, the 'Georgia Administrative Procedure Act';285
(5) To promulgate any rules and regulations as the corporation deems necessary and286
proper to administer the provisions of this article; provided, however, that the initial rules287
and regulations governing sports betting shall be promulgated and adopted by the288
corporation within 90 days of the effective date of this article after an opportunity has289
been provided for public comment. The promulgation and adoption of such initial rules290
and regulations shall not be subject to Chapter 13 of this title, the 'Georgia Administrative291
Procedure Act';292
(6) To issue subpoenas for the attendance of witnesses before the corporation, administer293
oaths, and compel production of records or other documents and testimony of witnesses294
whenever, in the judgment of the corporation, it is necessary to do so for the effectual295
discharge of the duties of the corporation under this article;296
(7) To compel any person licensed by the corporation to file with the corporation such297
data, documents, and information as shall appear to the corporation to be necessary for298
the performance of the duties of the corporation under this article, including, but not299
limited to, financial statements and information relative to stockholders and all others300
with a pecuniary interest in such person;301
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(8) To prescribe the manner in which books and records of persons licensed or permitted302
by the corporation under this article shall be kept;303
(9) To enter into arrangements with any foreign or domestic government or304
governmental agency for the purposes of exchanging information or performing any other305
act to better ensure the proper conduct of betting under this article;306
(10) To order such audits, in addition to those otherwise required by this article, as the307
corporation deems necessary and desirable;308
(11) Upon the receipt of a complaint of an alleged criminal violation of this article, to309
immediately report such complaint to the appropriate law enforcement agency with310
jurisdiction to investigate criminal activity;311
(12) To provide for the reporting of the applicable amount of state and federal income312
tax of persons claiming a prize or payoff for a winning wager under this article;313
(13) To establish and administer a program for providing assistance to problem314
gamblers, including, but not limited to, requiring the electronic posting of signs,315
notifications, or other relevant responsible gambling information in a clear and316
conspicuous manner on online sports betting platforms, including a national toll-free317
number that directs callers to an organization that provides assistance to problem318
gamblers;319
(14) To eject or exclude from the sports betting facility or any part thereof any320
individual, whether licensed or not, whose conduct or reputation is such that his or her321
presence may, in the opinion of the corporation or the designated employees of the322
corporation, reflect adversely on the honesty and integrity of the sports betting or323
interfere with the orderly conduct of the lottery game of sports betting;324
(15) To keep a true and full record of all proceedings of the corporation under this article325
and preserve at the corporation's general office all books, documents, and papers of the326
corporation; and327
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(16) To adopt rules and regulations specific to the manner in which a licensee may328
advertise its business operations as authorized by this article.329
(b) The corporation shall not have the power to prescribe a licensee's maximum or330
minimum payout or hold percentage.331
(c) The corporation shall not have the power to issue or award and shall not issue or award332
any licenses provided for in this article prior to September 1, 2025.333
50-27-124.334
The corporation shall prescribe by rules and regulations:335
(1) The reserves that must be kept by licensees to comply with subparagraph (c)(6)(A)336
of Code Section 50-27-130 to pay off bettors;337
(2) Any insurance requirements for a licensee;338
(3) Minimum requirements by which each licensee shall exercise effective control over339
its internal fiscal affairs, including, without limitation, requirements for:340
(A) Safeguarding assets and revenues, including evidence of indebtedness;341
(B) Maintaining reliable records relating to accounts, transactions, profits and losses,342
operations, and events; and343
(C) Global risk management;344
(4) Requirements for internal and independent audits of licensees;345
(5) The manner in which periodic financial reports shall be submitted to the corporation346
from each licensee, including the financial information to be included in the reports;347
(6) The type of information deemed to be confidential financial or proprietary348
information that is not subject to any reporting requirements under this article;349
(7) Policies, procedures, and processes designed to mitigate the risk of cheating and350
money laundering; and351
(8) Any post-employment restrictions necessary to maintain the integrity of sports352
betting in this state.353
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Part 2354
50-27-130.355
(a) Any person offering, operating, or managing sports betting in this state shall be356
licensed by the corporation.357
(b) The corporation shall issue licenses to qualified applicants able to meet the duties of358
a license holder under this article and that the corporation determines will best satisfy the359
following criteria:360
(1) Expertise in the business of online sports betting;361
(2) Integrity, sustainability, and safety of the online sports betting platform;362
(3) Past relevant experience of the applicant;363
(4) Advertising and promotional plans to maximize revenue;364
(5) Demonstrated commitment to and plans for the promotion of responsible gaming;365
and366
(6) Capacity to rapidly and efficiently bring bettors onto the applicant's platform.367
(c) An applicant for a license or for the renewal of a license shall submit an application on368
a form in such manner and in accordance with such requirements as may be prescribed by369
the rules and regulations of the corporation. Such rules and regulations shall require, at a370
minimum, that the application include the following:371
(1) If the applicant is an entity, identification of the applicant's principal owners, board372
of directors, officers, and supervisory employees;373
(2) Information, documentation, and assurances as may be required by the corporation374
to establish by clear and convincing evidence the applicant's good character, honesty, and375
integrity, including, but not limited to, information pertaining to family, habits, character,376
reputation, criminal and arrest records, business activities, financial affairs, and business,377
professional, and personal associates, covering at least the ten-year period immediately378
preceding the filing of the application;379
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(3) Notice and a description of civil judgments obtained against the applicant pertaining380
to antitrust or security regulation laws of the federal government, this state, or any other381
state, jurisdiction, province, or country;382
(4) To the extent available, letters of reference or the equivalent from law enforcement383
agencies having jurisdiction of the applicant's place of residence and principal place of384
business. Each such letter of reference shall indicate that the law enforcement agency385
does not have any pertinent information concerning the applicant or, if such law386
enforcement agency does have information pertaining to the applicant, shall provide such387
information, to the extent permitted by law;388
(5) If the applicant has conducted sports betting operations in another jurisdiction, a389
letter of reference from the regulatory body that governs sports betting that specifies the390
standing of the applicant with such regulatory body; provided, however, that, if no such391
letter is received within 60 days of the request therefor, the applicant may submit a392
statement under oath that the applicant is or was, during the period such activities were393
conducted, in good standing with the regulatory body;394
(6) Information, documentation, and assurances concerning financial background and395
resources as may be required to establish by clear and convincing evidence the financial396
stability, integrity, and responsibility of the applicant, including, but not limited to, bank397
references, business and personal income and disbursement schedules, tax returns and398
other reports filed with governmental agencies, and business and personal accounting and399
check records and ledgers. Each applicant shall, in writing, authorize the examination of400
all bank accounts and records as may be deemed necessary by the corporation. The401
corporation may consider any relevant evidence of financial stability. The applicant shall402
be presumed to be financially stable if the applicant establishes by clear and convincing403
evidence the ability to:404
(A) Assure the financial integrity of sports betting operations by the maintenance of405
a reserve of not less than $500,000.00 or the amount required to cover the outstanding406
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liabilities for wagers accepted by the licensee, whichever is greater. Outstanding407
liabilities for wagers shall mean the sum of the amount paid by patrons for wagers that408
have not yet been determined and the amount owed but unpaid by licensees to patrons409
for wagers whose results have been determined. The reserve may take the form of a410
bond, an irrevocable letter of credit, payment processor reserves and receivables, cash411
or cash equivalents segregated from operational funds, guaranty letter, or a combination412
thereof. Such reserve shall be adequate to pay winning wagers to bettors when due. 413
An applicant is presumed to have met this standard if the applicant maintains, on a daily414
basis, a minimum reserve in an amount which is at least equal to the average daily415
minimum reserve, calculated on a monthly basis, for the corresponding month in the416
previous year;417
(B) Meet ongoing operating expenses which are essential to the maintenance of418
continuous and stable sports betting operations; and419
(C) Pay, as and when due, all state and federal taxes;420
(7) Information, documentation, and assurances as may be required to establish by clear421
and convincing evidence that the applicant has sufficient business ability and sports422
betting experience to establish the likelihood of the creation and maintenance of423
successful, efficient sports betting operations in this state;424
(8) Information, as required by the rules and regulations of the corporation, regarding the425
financial standing of the applicant, including, without limitation, each person or entity426
that has provided loans or financing to the applicant;427
(9) A nonrefundable application fee and annual licensing fee as follows:428
(A) Applicants for a Type 1 sports betting license shall pay a nonrefundable429
application fee in the amount of $100,000.00 and an annual licensing fee in the amount430
of $1.5 million; provided, however, that, for those licenses referred to in paragraph (3)431
of subsection (b) of Code Section 50-27-133, such annual licensing fee shall instead be432
$750,000.00 and the application fee and annual licensing fee shall be paid by the online433
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sports betting services provider and not by the corporation, which shall not be required434
to pay any such fees;435
(B) Applicants for an online sports betting services provider license shall pay a436
nonrefundable application fee in the amount of $10,000.00 and an annual licensing fee437
of $100,000.00; provided, however, that an online sports betting services provider that438
applies for and obtains one of the licenses referred to in paragraph (3) of subsection (b)439
of Code Section 50-27-133 shall only be required to pay the nonrefundable application440
fee and annual licensing fee applicable to the applicant's Type 1 sports betting license;441
and442
(C) Applicants for a sports betting supplier license shall pay a nonrefundable443
application fee in the amount of $2,000.00 and an annual licensing fee of $20,000.00;444
and445
(10) Any additional information, documents, or assurances required by rules and446
regulations of the corporation.447
(d) The corporation shall review and approve or deny an application for a license not more448
than 90 days after receipt of an application.449
50-27-131.450
(a) A licensee may renew its license by submitting an application on a form in such451
manner and in accordance with such requirements as may be prescribed by rules and452
regulations of the corporation. A licensee shall submit the nonrefundable application fee453
prescribed under paragraph (9) of subsection (c) of Code Section 50-27-130 with its454
application for license renewal.455
(b) For each application for licensure or renewal of a license approved under this Code456
section, the amount of the application fee shall be credited toward the licensee's annual457
licensing fee and the licensee shall remit the balance of the annual fee to the corporation458
upon approval of a license.459
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(c) Each licensee shall have a continuing duty to promptly inform the corporation of any460
change in status relating to any information that may disqualify the licensee from holding461
a license under Code Section 50-27-132.462
(d) A professional sports governing body may enter into commercial agreements with463
licensees or other entities that provide for such professional sports governing body to share464
in the amounts wagered or revenue derived from wagers on sporting events of such465
professional sports governing body. A professional sports governing body shall not be466
required to obtain any approval or other form of authorization from the corporation to enter467
into such commercial agreements or to lawfully accept such amounts or revenues. The468
corporation shall not prescribe any terms or conditions that are required to be included into469
such commercial agreements.470
(e) A person that holds a license or permit to engage in sports betting issued by another471
jurisdiction may submit a request to the corporation for a temporary license for such person472
to immediately commence engagement in this state in sports betting. Such request shall473
include the annual licensing fee required under paragraph (9) of subsection (c) of Code474
Section 50-27-130.475
(f) Upon receiving a request for a temporary license, the chief executive officer may476
review the request at his or her discretion. If the chief executive officer reviews the request477
and determines that the person requesting the temporary license holds a license or permit478
issued by another jurisdiction to engage in sports betting and has paid the required479
licensing fee, the chief executive officer may authorize such person to engage in sports480
betting pursuant to this article under a temporary license for up to one year or until a final481
determination on such person's application is made, whichever is later.482
(g) All licenses issued under this article shall be valid for a term of five years, unless483
suspended or revoked as provided under this article.484
(h) The corporation may adopt rules and regulations prescribing the manner in which a485
license may be transferred and a fee for a license transfer.486
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(i) A licensee may maintain the bond, letter of credit, or cash reserve at any bank lawfully487
operating in this state and the licensee shall be the beneficiary of any interest accrued488
thereon.489
50-27-132.490
(a) The following persons shall not be eligible to apply for or obtain a license under this491
article:492
(1) A member of the board of directors or employee of the corporation or an employee493
of a corporation vendor; provided, however, that a corporation vendor as an entity may494
be eligible to apply for or obtain a license;495
(2) An employee of a professional sports team on which the applicant offers sports496
betting;497
(3) A coach of or player for a collegiate, professional, or Olympic sports team or sport498
or an entity that has an affiliation or interest in such a sports team or sport;499
(4) An individual who is a member or employee of any professional sports governing500
body or sporting events operator;501
(5) An individual or entity with an owner, officer, or director who has been convicted of502
a crime of moral turpitude or similar degree as specified in rules and regulations503
promulgated by the corporation pursuant to this article;504
(6) A person having the ability to directly affect the outcome of a sporting event upon505
which the applicant offers sports betting;506
(7) A trustee or regent of a governing board of a public or private institution of higher507
education;508
(8) An individual prohibited by the rules or regulations of a professional sports509
governing body or sporting events operator of a collegiate sports, team, league, or510
association from participating in sports betting;511
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(9) A student or an employee of a public or private institution of higher education who512
has access to material nonpublic information concerning a student athlete or a sports513
team; and514
(10) Any other category of persons, established by the rules and regulations of the515
corporation, that, if licensed, would negatively affect the integrity of sports betting in this516
state.517
(b) An individual listed in paragraphs (2) through (10) of subsection (a) of this Code518
section may hold an ownership interest in an applicant or licensee without disqualifying519
the applicant or licensee from obtaining or holding a license; provided, however, that such520
an ownership interest of 25 percent or more shall require approval from the corporation. 521
In determining whether such an ownership interest shall be the basis of disqualification, the522
corporation shall consider whether such interest would negatively affect the integrity of523
sports betting in this state and any other factors the corporation shall deem relevant.524
50-27-133.525
(a) Except as provided in subsection (h) of this Code section, a Type 1 sports betting526
license authorizes a Type 1 eligible entity, or its designated online sports betting services527
provider, to offer online sports betting. If a Type 1 eligible entity designates an online528
sports betting services provider, the online sports betting services provider is considered529
the applicant for a Type 1 sports betting license and is considered the Type 1 sports betting530
licensee for all aspects of the regulatory control of the corporation and the operations under531
the Type 1 sports betting license. The corporation shall establish a procedure for a Type532
1 eligible entity to designate an online sports betting provider.533
(b) The corporation shall issue not more than 18 Type 1 sports betting licenses to Type 1534
eligible entities or their designated online sports betting services providers in accordance535
with the following:536
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(1) Five Type 1 sports betting licenses shall be reserved for the Type 1 eligible entities537
defined in subparagraph (A) of paragraph (40) of Code Section 50-27-122 or their538
designated online sports betting services providers; provided, however, that more than539
one license may be issued to an owner of multiple professional sports teams;540
(2) One Type 1 sports betting license shall be reserved for each of the Type 1 eligible541
entities defined in subparagraphs (B) through (E) of paragraph (40) of Code Section542
50-27-122 or their designated online sports betting services providers and two Type 1543
sports betting licenses shall be reserved for the Type 1 eligible entities defined in544
subparagraph (F) of paragraph (40) of Code Section 50-27-122 or their designated online545
sports betting services providers; and546
(3) The corporation shall award contracts to manage the remaining Type 1 sports betting547
licenses to separate online sports betting services providers via a public procurement548
process;549
provided, however, that a master sports betting license shall authorize the corporation550
through a designated online sports betting services provider to offer online sports betting.551
(c) A Type 1 eligible entity may contract with no more than one online sports betting552
services provider to operate online sports betting on behalf of the Type 1 eligible entity.553
(d) A Type 1 eligible entity shall provide written notice to the corporation of its intention,554
or its designated sports betting services provider's intention, to apply for a Type 1 sports555
betting license within 60 days of the effective date of this article. The failure of a Type 1556
eligible entity to provide such written notice shall result in the permanent disqualification557
and prohibition of such Type 1 eligible entity or its designated sports betting services558
provider from obtaining a Type 1 sports betting license.559
(e) A Type 1 sports betting licensee shall not offer online sports betting until the560
corporation has issued a license to at least one online sports betting services provider that561
has been awarded a sports betting license via the public procurement process as determined562
by the corporation.563
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(f) All applicants for the 18 Type 1 sports betting licenses under subsection (b) of this564
Code section that have submitted an application within 30 days of the date in which the565
corporation began to accept applications for Type 1 sports betting licenses shall be given566
an equal opportunity to first commence offering, conducting, or operating online sports567
betting in this state on the same day, and in any event not later than January 31, 2026.568
(g) A Type 1 eligible entity described in subparagraphs (A) through (D) of paragraph (40)569
of Code Section 50-27-122 that becomes a Type 1 sports betting licensee or designates an570
online sports betting services provider shall establish and maintain procedures with respect571
to sporting events which the Type 1 eligible entity participates in or administers to ensure572
avoidance of conflicts of interest in the operation of sports betting in this state.573
(h) Only a Type 1 sports betting licensee identified in subparagraph (F) of paragraph (40)574
of Code Section 50-27-122, or its designated online sports betting services provider, may575
offer online sports betting that also includes the sporting event of equestrian races on out576
of state tracks or other facilities and only at one facility that is owned and operated by the577
Type 1 sports betting licensee or its affiliate. Nothing in this article authorizes online578
sports betting on horse or other animal races occurring in this state. For purposes of this579
subsection, 'affiliate' means a person or entity that directly, or indirectly through one or580
more intermediaries, controls or is controlled by or is under common control with another581
person or entity.582
50-27-134.583
(a) An online sports betting services provider shall offer online sports betting only in584
accordance with the provisions of this article and the rules and regulations adopted by the585
corporation under this article.586
(b) An online sports betting services provider shall obtain a license under this article587
before offering online sports betting pursuant to a contract with a Type 1 sports betting588
licensee or master sports betting licensee. An online sports betting services provider589
S. B. 208
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license shall entitle the holder to contract with no more than one Type 1 sports betting590
licensee.591
(c) If the holder of a Type 1 sports betting license is a Type 1 eligible entity and is a592
member of a league, association, or organization that prevents the holder from being593
subject to the regulatory control of the corporation or from otherwise operating under the594
license, such a Type 1 eligible entity may contractually appoint an online sports betting595
services provider for all aspects of corporation oversight and operations under the Type 1596
sports betting license.597
(d) Institutional investors shall be exempt from any and all qualification and disclosure598
requirements under this article or required under the rules and regulations promulgated by599
the corporation pursuant to this article. Such exemption shall extend to the owners,600
directors, and officers of such institutional investors.601
Part 3602
50-27-150.603
(a) Notwithstanding any other law to the contrary, there shall be imposed an annual604
privilege tax of 25 percent of the adjusted gross income derived from online sports betting605
in accordance with this Code section.606
(b) The privilege tax described in subsection (a) of this Code section shall be paid by the607
online sports betting services provider; provided, however, that, if a Type 1 sports betting608
licensee does not contract with an online sports betting services provider, such privilege609
tax shall be paid by such Type 1 sports betting licensee as provided for in subsection (c)610
of this Code section. This subsection shall not apply to the master licensee.611
(c) The privilege tax imposed under this Code section shall be paid monthly by the online612
sports betting services provider based on its monthly adjusted gross income for the613
immediately preceding calendar month. The privilege tax shall be paid to the corporation614
S. B. 208
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in accordance with rules and regulations promulgated by the corporation. If the online615
sports betting services provider's adjusted gross income for a month is a negative number,616
such online sports betting services provider may carry over such negative amount to617
subsequent months.618
(d) All moneys from privilege taxes and fees collected under this Code section shall be619
distributed and used as provided under Article I, Section II, Paragraph VIII of the620
Constitution of Georgia.621
(e) With the exemption of licensing fees imposed by paragraph (9) of subsection (c) of622
Code Section 50-27-130, the privilege tax imposed under this Code section is in lieu of all623
other state and local sales and income taxes and fees imposed on the operation of sports624
betting or on the proceeds from the operation of sports betting in this state.625
50-27-151.626
(a) Each licensee shall report to the corporation, no later than January 15 of each year:627
(1) The total amount of wagers received from bettors for the immediately preceding628
calendar year;629
(2) The adjusted gross income of the licensee for the immediately preceding calendar630
year; and631
(3) Any additional information required by the rules and regulations of the corporation632
deemed in the public interest or necessary to maintain the integrity of sports betting in633
this state.634
(b) A licensee shall promptly report to the corporation any information relating to:635
(1) The name of any newly elected officer or director of the board of the licensed entity;636
and637
(2) The acquisition by any person of 10 percent or more of any class of corporate stock.638
S. B. 208
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(c) With respect to information reported under subsection (b) of this Code section, a639
licensee shall include with such report a statement of any conflict of interest that may exist640
as a result of such election or acquisition.641
(d) Upon receiving a report under this Code section or subsection (b) of Code642
Section 50-27-191, the corporation may conduct a hearing in accordance with Code Section643
50-27-193 to determine whether the licensee remains in compliance with this article.644
Part 4645
50-27-160.646
(a) No person shall knowingly:647
(1) Allow a minor to place a wager;648
(2) Offer, accept, or extend credit to a bettor in the form of a marker; provided, however,649
that promotions and promotional credits shall be permitted to be offered and extended to650
bettors;651
(3) Target minors in advertising or promotions for sports betting;652
(4) Offer or accept a wager on any event, outcome, or occurrence other than a sporting653
event, including, without limitation, a high school sporting event offered, sponsored, or654
played in connection with a public or private institution that offers education at the655
secondary level; or656
(5) Accept a wager from an individual who is prohibited from placing a wager or bet657
under Code Section 50-27-162, if such person has notice or actual knowledge that such658
individual is prohibited from placing such a wager or bet.659
(b) A person that knowingly violates this Code section:660
(1) For a first offense, shall be indefinitely prohibited from placing a wager, be required661
to forfeit the proceeds of any illegal wager, and be guilty of a misdemeanor; and662
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(2) For a second or subsequent offense, shall be required to forfeit the proceeds of any663
illegal wager and be guilty of a misdemeanor of a high and aggravated nature.664
50-27-161.665
Except for those individuals ineligible to place bets under Code Section 50-27-162, an666
individual who is 21 years of age or older and who is physically located in this state may667
place a wager in the manner authorized under this article and the rules and regulations of668
the corporation.669
50-27-162.670
(a) The following individuals and categories of individuals shall not, directly or indirectly,671
place a wager on sporting events or online sports betting platforms in this state:672
(1) A member, officer, or employee of the corporation shall not place a wager on any673
sporting event or platform;674
(2) A corporation vendor employee shall not place a wager on a sporting event using675
their employer's platform;676
(3) A licensee or principal owner, partner, member of the board of directors, officer, or677
supervisory employee of a licensee shall not place a wager on the licensee's platform;678
(4) A person that provides goods or services to a licensee or any principal owner, partner,679
member of the board of directors, officer, or supervisory employee of a person that680
provides such goods or services shall not place a wager on the licensee's platform;681
(5) A contractor, subcontractor, or consultant or any officer or employee of a contractor,682
subcontractor, or consultant of a licensee shall not place a wager on the licensee's683
platform, if such individual is directly involved in the licensee's operation of sports684
betting or the processing of sports betting claims or payments through the licensee's685
platform;686
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(6) An individual subject to a contract with the corporation shall not place a wager on687
any platform, if the contract contains a provision prohibiting the individual from688
participating in sports betting;689
(7) An individual with access to material nonpublic information that is known690
exclusively by an individual who is prohibited from placing a wager in this state under691
this Code section shall not use any such information to place a wager on any sporting692
event or platform;693
(8) An amateur or Olympic athlete shall not place a wager on any sporting event in694
which the athlete participates;695
(9) A professional athlete shall not place a wager on any sporting event overseen by such696
athlete's professional sports governing body or sporting events operator;697
(10) An owner or employee of a team, player, umpire, or sports union personnel, or698
employee, referee, coach, or official of a professional sports governing body or sporting699
events operator shall not place a wager on any sporting event, if the wager is based on a700
sporting event overseen by the individual's professional sports governing body or sporting701
events operator;702
(11) An individual having the ability to directly affect the outcome of a sporting event703
shall not place a wager on such sporting event;704
(12) A trustee or regent of a governing board of a public or private institution of higher705
education shall not place a wager on a collegiate sporting event;706
(13) An individual prohibited by the rules or regulations of a professional sports707
governing body or sporting events operator of a collegiate sports, team, league, or708
association from participating in sports betting shall not place a wager on any sporting709
event to which such prohibition applies; and710
(14) A student or an employee of a public or private institution of higher education who711
has access to material nonpublic information concerning a student athlete or a sports team712
S. B. 208
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shall be prohibited from placing a wager on a collegiate sporting event if such713
information is relevant to the outcome of such event.714
(b) The corporation may prescribe by rules and regulations additional individuals and715
categories of individuals who are prohibited from placing a wager on specified sporting716
events or online sports betting platforms in this state.717
(c) The corporation shall prescribe by rules and regulations any measures necessary to718
ensure individuals who are prohibited from placing a wager on specified sporting events719
or online sports betting platforms in this state shall not be permitted to collude with720
individuals not specifically enumerated in subsection (a) of this Code section to directly721
affect the outcome of a sporting event.722
(d) Any individual who places a wager in violation of this Code section:723
(1) For a first offense, shall be:724
(A) Indefinitely prohibited from placing a wager;725
(B) Required to forfeit the proceeds of any illegal wager;726
(C) Guilty of a misdemeanor; and727
(D) Fined not less than $500.00 nor more than $1,000.00;728
(2) For a second offense, shall be:729
(A) Required to forfeit the proceeds of any illegal wager;730
(B) Guilty of a misdemeanor; and731
(C) Fined not less than $5,000.00 or imprisoned for not less than one month nor more732
than five months, or both; and733
(3) For a third or subsequent offense, shall be:734
(A) Required to forfeit the proceeds of any illegal wager;735
(B) Guilty of a misdemeanor of a high and aggravated nature; and736
(C) Fined not less than $7,500.00 or imprisoned for not less than three months, or both.737
S. B. 208
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50-27-163.738
(a) The corporation shall by rules and regulations prohibit betting on injuries, penalties,739
the outcome of player discipline rulings or replay reviews, and any other type or form of740
betting under this article that is contrary to public policy or unfair to bettors.741
(b)(1) A professional sports governing body or sporting events operator may submit to742
the corporation in writing, by providing notice in such form and manner as the743
corporation may require, a request to restrict, limit, or prohibit a certain type, form, or744
category of sports betting with respect to its sporting events, if the professional sports745
governing body or sporting events operator believes that such type, form, or category of746
sports betting with respect to its sporting events may undermine the integrity or perceived747
integrity of such professional sports governing body or sporting events operator or its748
sporting events. The corporation shall request comments from sports betting licensees749
and sports betting services provider licensees on all such requests it receives.750
(2) After giving due consideration to all comments received, the corporation shall, upon751
demonstration of good cause from the requestor that such type, form, or category of752
sports betting is likely to undermine the integrity or perceived integrity of such753
professional sports governing body or sporting events operator or its sporting events,754
grant the request. The corporation shall respond to a request concerning a particular755
sporting event before the start of the event, or if it is not feasible to respond before such756
time, no later than seven days after the request is made. If the corporation determines that757
the requestor is more likely than not to prevail in successfully demonstrating good cause758
for its request, the corporation may provisionally grant the request of the professional759
sports governing body or sporting events operator until the corporation makes a final760
determination as to whether the requestor has demonstrated good cause. Absent such a761
provisional grant by the corporation, sports betting licensees may continue to offer sports762
betting on sporting events that are the subject of such a request during the pendency of763
the corporation's consideration of the applicable request.764
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Part 5765
50-27-170.766
(a) Prior to placing a wager with a licensee via online sports betting, a bettor shall register767
and establish a player account with the licensee remotely and attest that the bettor meets768
the requirements to place a wager with a licensee in this state. Prior to verification of a769
bettor's identity in accordance with this Code section, a licensee shall not allow the bettor770
to engage in sports betting, make a deposit, or process a withdrawal via online sports771
betting. A licensee shall implement commercially and technologically reasonable772
procedures to prevent access to sports betting by minors on its online sports betting773
platforms. A licensee may use information obtained from third parties to verify that an774
individual is authorized to open an account, place wagers, and make deposits and775
withdrawals.776
(b) Each online sports betting services provider licensee shall adopt a registration policy777
to ensure that all bettors utilizing online sports betting are authorized to place a wager with778
a licensee within this state. Such policy shall include, without limitation, commercially779
reasonable mechanisms to:780
(1) Verify the name and age of the registrant;781
(2) Verify that the registrant is not knowingly prohibited from placing a wager under782
Code Section 50-27-162; and783
(3) Obtain the following information from the registrant:784
(A) Legal name;785
(B) Date of birth;786
(C) Physical address other than a post office box;787
(D) Phone number;788
(E) A unique username; and789
(F) An active email account.790
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(c) Each online sports betting services provider licensee may in its discretion require a791
bettor to provide the licensee with a signed and notarized document attesting that the bettor792
is qualified to engage in sports betting under this article as part of the registration policy793
of the licensee.794
(d) A bettor shall not register more than one account with a licensee, and each licensee795
shall use commercially and technologically reasonable means to ensure that each bettor is796
limited to one account.797
(e) Each licensee, in addition to complying with state and federal law pertaining to the798
protection of the private, personal information of registered bettors, shall use all other799
commercially and technologically reasonable means to protect such information consistent800
with industry standards.801
(f) When a bettor's account is created, a bettor may fund the account through:802
(1) Electronic bank transfer of funds, including such transfers through third parties;803
(2) Debit cards;804
(3) Online and mobile payment systems that support online money transfers; and805
(4) Any other method approved by the rules and regulations of the corporation.806
(g)(1) Licensees shall not allow bets to be placed until first verifying the identity of the807
bettor pursuant to this Code section and by the rules promulgated by the corporation. 808
Further, and pursuant to the rules promulgated by the corporation, licensees shall809
establish safeguards, including, but not limited to, access notifications and similar810
security safeguards, to protect each bettor's account.811
(2) If a licensee determines that the information provided by a bettor to make a deposit812
or process a withdrawal is inaccurate or incapable of verification or violates the policies813
and procedures of the licensee, the licensee shall, within ten days, require the submission814
of additional information that can be used to verify the identity of such bettor.815
(3) If such information is not provided or does not result in verification of the bettor's816
identity, the licensee shall:817
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(A) Immediately suspend the bettor's account and shall not allow the bettor to place818
wagers;819
(B) Retain any winnings attributable to the bettor;820
(C) Refund the balance of deposits made to the account to the source of such deposit821
or by issuance of a check; and822
(D) Suspend the account.823
(h) A licensee shall utilize geofencing technology to ensure that online sports betting is824
available only to bettors who are physically located in this state. Servers, including the use825
of backup servers, may be located outside of this state, consistent with federal law. To the826
extent required by federal law, a licensee shall maintain in this state the servers it uses to827
accept wagers on a sporting event placed by bettors located in this state.828
(i) Each licensee shall clearly and conspicuously display on its public website a statement829
indicating that it is illegal for a person under 21 years of age to engage in sports betting in830
this state.831
(j) The corporation shall promulgate rules and regulations for purposes of regulating sports832
betting via online sports betting.833
50-27-171.834
(a) Licensees shall allow bettors to limit their betting activity with the licensee by, at a835
minimum, giving bettors the opportunity to place limits on the amounts deposited, the836
amounts wagered, and the amount of time spent wagering. Licensees shall take reasonable837
steps to prevent bettors from overriding their self-imposed responsible gambling limits. 838
At the request of a bettor, a licensee may share the requested limitations with the839
corporation for the sole purpose of disseminating the request to other licensees.840
(b) The corporation shall promulgate rules and regulations that require a licensee to841
implement responsible sports betting programs that include comprehensive training on842
S. B. 208
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responding to circumstances in which individuals present signs of problem gambling or a843
betting or gambling disorder.844
(c) The corporation shall work with national and local organizations to provide services845
for individuals with problem gambling or a betting or gambling disorder and to establish846
prevention initiatives to reduce the number of individuals with problem gambling or a847
betting or gambling disorder, including, but not limited to, utilizing currently established848
programs for problem gambling or betting or gambling disorders.849
(d) All sports betting advertisements shall prominently display messaging designed to850
prevent problem gambling and provide information about how to access resources related851
to problem gambling, including the National Council on Problem Gambling's helpline or852
other similar toll-free helpline.853
(e) The corporation shall annually generate a report outlining activities with respect to854
problem gambling and betting or gambling disorders, including, but not limited to,855
descriptions of programs, grants, and other resources made available; the number of856
individuals seeking assistance; the number of individuals who reported completing857
programs and therapies; and the rate of recidivism, if known to the corporation. The858
corporation shall file the annual report with the Governor, the President of the Senate, and859
the Speaker of the House of Representatives and shall publish such report on its public860
website no later than January 30 of each year.861
50-27-172.862
(a) Each licensee shall adopt and adhere to a written, comprehensive policy outlining its863
rules governing the acceptance of wagers and payouts. Such policy and rules must be864
approved by the corporation prior to the acceptance of a wager by a licensee. Such policy865
and rules shall be readily available to a bettor on the licensee's public website.866
(b) The corporation shall promulgate rules and regulations regarding:867
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(1) The manner in which a licensee accepts wagers from and issues payouts to bettors,868
including payouts in excess of $10,000.00; and869
(2) Requirements for reporting suspicious wagers.870
Part 6871
50-27-180.872
(a) Licensees shall not be required to use official league data or official event data for873
determining the results of:874
(1) Tier 1 sports wagers on events of any organization, whether headquartered in the875
United States or elsewhere; or876
(2) Tier 2 sports wagers on events of organizations that are not headquartered in the877
United States.878
(b)(1) A professional sports governing body or sporting events operator headquartered879
in the United States may notify the corporation that it desires licensees to use official880
league data or official event data for determining the results of tier 2 sports wagers on its881
sporting events. A notification under this subsection shall be made in the form and882
manner as the corporation shall require. The corporation shall notify each licensee within883
five days after receipt of such notification from a professional sports governing body or884
sporting events operator. If a professional sports governing body or sporting events885
operator does not notify the corporation of its desire to supply official league data or886
official event data, licensees are not required to use official league data or official event887
data for determining the results of any tier 2 wagers on sporting events of that888
professional sports governing body or sporting events operator.889
(2) Within 60 days after the corporation notifies each licensee as provided under890
paragraph (1) of this subsection, or within a longer period as may be agreed between such891
professional sports governing body or sporting events operator and the applicable892
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licensee, each such licensee shall be required to use only official league data or official893
event data, as applicable, to determine the results of tier 2 sports wagers on sporting894
events sanctioned by such professional sports governing body or sporting events operator,895
except when:896
(A) The professional sports governing body or sporting events operator, or a designee897
thereof, is unable to provide a feed of official league data or official event data to898
determine the results of a particular type of tier 2 sports wager, in which case licensees899
may use any data source for determining the results of the applicable tier 2 sports wager900
until the data feed becomes available on commercially reasonable terms and conditions;901
or902
(B) A licensee is able to demonstrate to the corporation that the professional sports903
governing body or sporting events operator, or a designee thereof, will not provide a904
feed of official league data or official event data to the licensee on commercially905
reasonable terms and conditions.906
(3) The following is a nonexclusive list of factors the corporation may consider in907
evaluating whether official league data or official event data is being offered on908
commercially reasonable terms and conditions for purposes of subparagraphs (A) and (B)909
of paragraph (2) of this subsection:910
(A) The availability of tier 2 official league data of a professional sports governing911
body or tier 2 official event data of a sporting events operator to a licensee from more912
than one authorized source;913
(B) Market information, including, without limitation, price and other terms and914
conditions, regarding the purchase of comparable data by licensees for the purpose of915
settling sports wagers, for use in this state or other jurisdictions;916
(C) The nature and quantity of the official league data or official event data, including,917
without limitation, its speed, accuracy, reliability, and overall quality as compared to918
comparable nonofficial data;919
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(D) The quality and complexity of the process used to collect and distribute the official920
league data or official event data as compared to comparable nonofficial data;921
(E) The extent to which professional sports governing bodies or sporting events922
operators, or designees thereof, have made available to licensees the data used to settle923
the results of tier 2 sports wagers and any terms and conditions relating to the use of924
such data; and925
(F) The extent to which licensees have purchased the same or similar official league926
data or official event data on the same or similar terms, particularly in jurisdictions927
where such purchase was not required by law or was required by law but only if offered928
on commercially reasonable terms.929
(4) Notwithstanding any provision to the contrary in this Code section, including,930
without limitation, paragraph (2) of this subsection, while the corporation is evaluating931
whether a professional sports governing body or a sporting events operator, or the932
designee thereof, will provide a feed of official league data or official event data on933
commercially reasonable terms and conditions pursuant to paragraph (3) of this934
subsection, licensees are not required to use official league data or official event data for935
determining the results of tier 2 sports wagers.936
(5) The corporation shall make a determination under paragraph (3) of this subsection937
within 60 days after the licensee notifies the corporation that it desires to demonstrate that938
the professional sports governing body or sporting events operator, or a designee thereof,939
will not provide a feed of official league data or official event data to such licensee on940
commercially reasonable terms and conditions.941
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Part 7942
50-27-190.943
Members of the corporation or designated employees thereof may, during normal business944
hours, enter the premises of any facility of a licensee, or a third party utilized by the945
licensee to operate and conduct business in accordance with this article, for the purpose of946
inspecting books and records kept as required by this article to ensure that the licensee is947
in compliance with this article or to make any other inspection of the premises necessary948
to protect the public interests of this state and its consumers.949
50-27-191.950
(a) The corporation, licensees, corporation vendors, and vendors shall use commercially951
reasonable efforts to cooperate with investigations conducted by any professional sports952
governing body, any sporting events operator, and law enforcement agencies, including,953
but not limited to, using commercially reasonable efforts to provide or facilitate the954
provision of betting information.955
(b) Licensees shall promptly report to the corporation any information relating to:956
(1) Abnormal betting activity or patterns that may indicate a concern with the integrity957
of a sporting event; and958
(2) Conduct that corrupts the betting outcome of a sporting event for purposes of959
financial gain, including match fixing.960
(c) Licensees shall, as soon as is practicable, report any information relating to conduct961
described in subsection (b) of this Code section to the professional sports governing body962
or sporting events operator.963
(d) Licensees shall use commercially reasonable efforts to maintain, in real time and at the964
account level, anonymized information regarding a bettor; the amount and type of bet; the965
time the bet was placed; the location of the bet, including the internet protocol address if966
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applicable; the outcome of the bet; and records of abnormal betting activity for three years967
after the sporting event occurs. The corporation may request such information in the form968
and manner required by the rules and regulations of the corporation. As used in this969
subsection, the term 'real time' means on a commercially reasonable periodic interval.970
(e) All records, documents, and information received by the corporation pursuant to this971
Code section shall be considered investigative records of a law enforcement agency, shall972
not be subject to Article 4 of Chapter 18 of this title, and shall not be released under any973
condition without the permission of the person providing such records, documents, or974
information.975
(f) Nothing in this Code section shall require a sports betting licensee to provide any976
information that is prohibited by federal, state, or local laws or rules and regulations,977
including, without limitation, laws and rules and regulations relating to privacy and978
personally identifiable information.979
(g) If a professional sports governing body or sporting events operator has notified the980
corporation that access to the information described in subsection (d) of this Code section981
for wagers placed on its sporting events is necessary to monitor the integrity of its sporting982
events and represents to the corporation that it specifically uses such data for the purpose983
of monitoring the integrity of sporting events of such professional sports governing body984
or sporting events operator, then licensees shall share, in a commercially reasonable985
frequency, form, and manner, with the professional sports governing body or sporting986
events operator, or a designee thereof, the same information the licensee is required to987
maintain under subsection (d) of this Code section with respect to sports wagers on such988
a body's or operator's sporting events. A professional sports governing body or sporting989
events operator, or a designee thereof, shall use information received under this subsection990
for integrity-monitoring purposes only and shall not use such information for commercial991
or any other purposes. Nothing in this subsection shall require a licensee to provide any992
information that is prohibited by federal, state, or local laws, rules, or regulations,993
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including, but not limited to, laws, rules, or regulations relating to privacy and personally994
identifiable information.995
50-27-192.996
The corporation shall assist in any investigations by law enforcement to determine whether:997
(1) A licensee is accepting wagers from minors or other persons ineligible to place998
wagers under Code Section 50-27-162; and999
(2) An individual is unlawfully accepting wagers from another individual without a1000
license or at a location in violation of this article.1001
50-27-193.1002
(a) The corporation may investigate and conduct a hearing with respect to a licensee upon1003
information and belief that the licensee has violated the provisions of this article or upon1004
the receipt of a credible complaint from any person that a licensee has violated the1005
provisions of this article. The corporation shall conduct investigations and hearings in1006
accordance with rules and regulations adopted by the corporation.1007
(b) If the corporation determines that a licensee has violated any provision of this article1008
or any rules and regulations of the corporation, the corporation may suspend, revoke, or1009
refuse to renew a license; impose an administrative fine not to exceed $25,000.00 per1010
violation; or both.1011
(c) The corporation shall promulgate rules and regulations establishing a schedule of1012
administrative fines that may be assessed in accordance with subsection (b) of this Code1013
section for each violation of this article; provided, however, if the corporation finds that:1014
(1) A licensee is accepting wagers from minors or other persons ineligible to place1015
wagers in this state, the corporation shall impose a fine against the licensee as follows:1016
(A) For a first offense, $1,000.00;1017
(B) For a second offense, $2,000.00; and1018
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(C) For a third or subsequent offense, $5,000.00; or1019
(2) An individual is unlawfully accepting wagers from another individual without a1020
license, the corporation shall impose a fine against the individual as follows:1021
(A) For a first offense, $10,000.00;1022
(B) For a second offense, $15,000.00; and1023
(C) For a third or subsequent offense, $25,000.00.1024
(d) The corporation may refer conduct that it reasonably believes is a violation of Article 21025
of Chapter 12 of Title 16 to the appropriate law enforcement agency.1026
50-27-194.1027
(a) Any person that violates any provision of this article shall be liable for a civil penalty1028
of not more than $5,000.00 per violation, not to exceed $50,000.00 for violations arising1029
out of the same transaction or occurrence, which shall accrue to the corporation and may1030
be recovered in a civil action brought by or on behalf of the corporation.1031
(b) The corporation may seek and obtain an injunction in a court of competent jurisdiction1032
for purposes of enforcing this article.1033
(c) Costs shall not be taxed against the corporation or this state for actions brought under1034
this article.1035
50-27-195.1036
(a) Fines assessed under this article shall be accounted for separately for use by the1037
corporation in a manner consistent with the rules and regulations of the corporation.1038
(b) The corporation may issue subpoenas to compel the attendance of witnesses and the1039
production of relevant books, accounts, records, and documents for purposes of carrying1040
out its duties under this article.1041
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50-27-196.1042
(a) A licensee or other individual aggrieved by a final decision or action of the corporation1043
may appeal such decision or action to the Superior Court of Fulton County.1044
(b) The Superior Court of Fulton County shall hear appeals from decisions or actions of1045
the corporation and, based upon the record of the proceedings before the corporation, may1046
reverse the decision or action of the corporation only if the appellant proves the decision1047
or action to be:1048
(1) Clearly erroneous;1049
(2) Arbitrary and capricious;1050
(3) Procured by fraud;1051
(4) A result of substantial misconduct by the corporation; or1052
(5) Contrary to the United States Constitution, the Constitution of Georgia, or this article.1053
(c) The Superior Court of Fulton County may remand an appeal to the corporation to1054
conduct further hearings.1055
50-27-197.1056
(a) It shall be unlawful for any person, directly or indirectly, to knowingly receive, supply,1057
broadcast, display, or otherwise transmit material nonpublic information for the purpose1058
of betting on a sporting event or influencing another individual's or entity's wager on a1059
sporting event.1060
(b) This Code section shall not apply to the dissemination of public information as news,1061
entertainment, or advertising.1062
(c) Any person in violation of this Code section shall be indefinitely prohibited from1063
placing a wager, be required to forfeit the proceeds of any illegal wager, and be guilty of1064
a misdemeanor."1065
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PART III
1066
SECTION 3-1.1067
Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,1068
relating to gambling, is amended by revising paragraphs (1) and (2) of Code Section1069
16-12-20, relating to definitions, as follows:1070
"(1) 'Bet' means an agreement that, dependent upon chance even though accompanied1071
by some skill, one stands to win or lose something of value. A bet does not include:1072
(A) Contracts of indemnity or guaranty or life, health, property, or accident insurance;1073
or
1074
(B) An offer of a prize, award, or compensation to the actual contestants in any bona1075
fide contest for the determination of skill, speed, strength, or endurance or to the owners1076
of animals, vehicles, watercraft, or aircraft entered in such contest; or1077
(C) Money paid in compliance with Chapter 27 of Title 50.1078
(2) 'Gambling device' means:1079
(A) Any contrivance which for a consideration affords the player an opportunity to1080
obtain money or other thing of value, the award of which is determined by chance even1081
though accompanied by some skill, whether or not the prize is automatically paid by1082
contrivance;1083
(B) Any slot machine or any simulation or variation thereof;1084
(C) Any matchup or lineup game machine or device, operated for any consideration,1085
in which two or more numerals, symbols, letters, or icons align in a winning1086
combination on one or more lines vertically, horizontally, diagonally, or otherwise,1087
without assistance by the player. Use of skill stops shall not be considered assistance1088
by the player; or1089
(D) Any video game machine or device, operated for any consideration, for the play1090
of poker, blackjack, any other card game, or keno or any simulation or variation of any1091
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of the foregoing, including, but not limited to, any game in which numerals, numbers,
1092
or any pictures, representations, or symbols are used as an equivalent or substitute for1093
cards in the conduct of such game.1094
Any item described in subparagraph (B), (C), or (D) of
this paragraph that is not1095
authorized by Chapter 27 of Title 50, or exempted by this part, shall be a prohibited1096
gambling device subject to and prohibited by this part, notwithstanding any inference to1097
the contrary in any other law of this state."1098
SECTION 3-2.1099
Said part is further amended by revising Code Section 16-12-27, relating to advertisement1100
or solicitation for participation in lotteries, as follows:1101
"16-12-27.1102
(a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to1103
sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio1104
commercial, or any book, magazine, periodical, newspaper, or other written or printed1105
matter containing an advertisement or solicitation for participation in any lottery declared1106
to be unlawful by the laws of this state unless such advertisement, commercial, or1107
solicitation contains or includes the words 'void in Georgia' printed or spoken so as to be1108
clearly legible or audible to persons viewing or hearing such advertisement, commercial,1109
or solicitation.1110
(b) Any person, partnership, firm, corporation, or other entity violating subsection (a) of1111
this Code section shall be guilty of a misdemeanor.1112
(c) This Code section shall not apply to any advertisement or solicitation for participation1113
in a lottery game of online sports betting by any person licensed under Article 4 of Chapter1114
27 of Title 50 that concerns such licensee's lawful activities."1115
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SECTION 3-3.
1116
Said part is further amended by revising Code Section 16-12-28, relating to communicating1117
gambling information, as follows:1118
"16-12-28.1119
(a) A person who knowingly communicates information as to bets, betting odds, or1120
changes in betting odds or who knowingly installs or maintains equipment for the1121
transmission or receipt of such information with the intent to further gambling commits the1122
offense of communicating gambling information.1123
(b) A person who commits the offense of communicating gambling information, upon1124
conviction thereof, shall be punished by imprisonment for not less than one nor more than1125
five years or by a fine not to exceed $5,000.00, or both.1126
(c) This Code section shall not apply to the activities authorized under Article 4 of Chapter
1127
27 of Title 50."1128
PART IV1129
SECTION 4-1.1130
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is1131
amended by revising paragraph (55) of Code Section 48-8-3, relating to exemptions from1132
state sales and use tax, as follows:1133
"(55) The sale of lottery tickets authorized by Chapter 27 of Title 50 or wagers1134
authorized by Article 4 of Chapter 27 of Title 50;"1135
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PART V
1136
SECTION 5-1.1137
This Act shall become effective upon its approval by the Governor or upon its becoming law1138
without such approval.1139
SECTION 5-2.1140
All laws and parts of laws in conflict with this Act are repealed.1141
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