Important GA Notes
- Residents from GA can play legally at offshore poker sites
- iGaming is a longshot for the foreseeable future in Georgia
- Live poker is available on cruise ships
- Lottery and charitable gaming are legal forms of gambling
- Land casino expansion may happen in 2016
The state of Georgia may have the strictest regulations against gambling in general and poker specifically of any state in the US. As of this writing, there is no way play a legal card game in Georgia state lines. A reading of the Georgia Penal Code makes this very clear. Legal online sports betting sites for GA residents provide the latest odds on teams like the Georgia Bulldogs, and are 100% legal as there are no laws that regulate sports gambling in the state. Sports enthusiasts in the state can enjoy gambling on sports in Georgia without fear of the law. Online Poker Sites. As there are no specific laws regarding online poker, it is safe to assume that Georgia would be hard pressed to prosecute anyone playing poker online. Because of this, players are still relatively safe and can play poker online; as long as the operator is not in the state. The sites we advise for Georgia residents are legitimate, legal, safe, and offer 24-hour customer service. If you have any issues with the online poker, room you choose you can call customer service any time to help with issues and quick, easy solutions.
'Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner'
Poker is illegal under Georgia law because it is a game played with cards. Though no specific reference has been made to online poker in the statutes, it is understood to be legal because playing poker is legal on a Federal level. The law does mention that transmitting gambling information over the internet is illegal within the state of Georgia. However, as elsewhere in the United States, Georgia residents continue to play online poker at offshore sites.
Future Outlook of Online Poker in Georgia – Estimated date of legalization: 2020-2021
The following graph tracks our expected legislation of online poker in Georgia on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.
Senate Bill 79, a bill that would've seen the beginning of a legislative..
The state of Georgia seems to be mulling the idea of allowing individual..
Recent Activity
Future outlook of online poker is bleak in Georgia. There have been no bills introduced in the legislature for legalization of online gambling. There is even no discussion at any forum to push ahead for such legalization. The best thing that can be said about the outlook of online poker in Georgia is that there have been no arrests made for playing poker online. In comparison, gambling raids followed by arrests is not uncommon for land poker games as reported in this article on Patch.com[A]. Jogar texas holdem online gratis.
Current Gambling Laws in Georgia
In the Official Code of Georgia[B], gambling laws are covered under Chapter 12 of Title 16 which reads, 'Offenses against public health and morals'. Article 2 covers gambling in Part 1 and bingo in Part 2. Section 16-12-20 defines a bet as 'an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value'. Insurance and contests of only skill are specifically exempted.
Under Section 16-12-21 a person commits the offense of gambling when he places a bet. This section describes different types of bets including, 'Plays and bets for money or other thing of value at any game played with cards, dice, or balls.' The section goes on to state that a person who commits the offense of gambling shall be guilty of a misdemeanor. An aggravated gambling offense is a felony. Under section 13-8-3 gambling contracts are void and, 'money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser'.
Bingo for charity is permitted. State Lottery has been permitted under Chapter 27 of Title 50.
Section 16-12-28 of the Official Code of Georgia states, 'A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits the offense of communicating gambling information.'
History of Gambling in Georgia
Land Based Poker in Georgia
Georgia covers the apparent loophole of poker being a game of skill in its laws. Gambling is defined as placing a bet on an outcome even if some skill is involved, and is illegal. Only if the event is based on 100% skill then it would not be gambling. And it would be difficult to convince any court that poker is based on 100% skill.
Poker at home would be legal only if there are no stakes or prizes involved. It has to be played purely for fun. Some states that have banned poker commercially, allow home poker with stakes if no rake is taken. Georgia is not among them.
Though some forms of gambling have been allowed for charity, poker is not included.
In Georgia there is only one place to play live poker. That is on the cruise ships that host cash games and tournaments. There is a charge to be paid for boarding the cruise ships.
Gambling Laws in Georgia
Georgia is one of the most anti-gambling states in America. Land casinos, including Native American casinos, are illegal under the sections described earlier. The exception is cruise ship gambling. In 2011, the Georgia Lottery Corporation commissioned a report[C] that recommended setting up three casinos to generate $1 billion a year for the state. No action was taken on the report.
Though horse racing is permitted and is popular[D] to some extent, wagering on horse races is currently prohibited because it involves gambling. However a bill, HB 4[E], was introduced in the House for the 2013-14 session of the general assembly but nothing came to fruition. Lawmakers in the state continue to seek to allow regulated pari-mutuel wagering on horse races.
In 2000, there was a boom of video poker machines in Georgia. Though video poker machines are gambling devices and illegal, the operators found a loophole in the state law that allowed hosts to legally pay out prizes, including cash, for video poker wins. The legislature passed a law in 2002, explicitly banning video poker machines. The operators went to court and a Superior Court judge held the law illegal. Ultimately, the Supreme Court of Georgia overturned the decision and the ban went into effect. The Atlanta Journal-Constitution ran an article in 2011 that reported video poker machines were rampant despite being illegal.
Georgia residents can engage in casino gambling on cruise ships like the Emerald Princess Casino. Patrons have to be 21 or more to enter these cruise casinos. These cruise casinos offer the complete range of gambling activities that include slots, blackjack, craps, roulette, poker, and video poker. The ships cannot offer gambling while docked. They have to sail three miles into International waters where casino gambling is legal. One of the cruise ships operates from Savannah and the other from Historic Brunswick.
Nonprofit, tax exempt organizations as defined under section 16-12-51 of the Official Code of Georgia are allowed to legally conduct bingo games and raffles to help raise money for charity. They are required to obtain a license from the Georgia Bureau of Investigation. The terms and conditions of the operations are specified in the statute. People under 18 years of age can participate in raffle or bingo games as long as the prize is not more than $5 in wholesale value.
The state lottery was established in 1992 and started operating in 1993. It is conducted by the Georgia Lottery Corporation[F] with headquarters in Atlanta. Georgia residents have to be 18 or more in order to buy lottery tickets. According to the laws and regulations governing the lottery, half the money collected will have to be paid back as prizes, a third will be 'used to support improvements and enhancements for educational purposes and programs' and the balance will be for meeting operational expenses. A number of games and draws are restricted for Georgia residents, but the Georgia Lottery Corporation also subscribes to the national Powerball and Mega Millions.
In 2012, Georgia became one of the first states to start selling lottery tickets online. A report in the Atlanta Journal-Constitution informs that this was enabled by the Federal government stating that the Wire Act applied only to sports betting. The legislature granted approval in July 2012 and online sales commenced in November 2012.
An article in the Savannah Morning News reported that in March 2013 the Georgia legislature permitted the operation of bona fide coin operated amusement machines that did not pay out prizes in cash or kind. These machines would be under the oversight of the Georgia Lottery Corporation. Tickets sales in the 2016 fiscal year were $4.55 billion, an all-time record.
Land Based Poker in Georgia
Georgia covers the apparent loophole of poker being a game of skill in its laws. Gambling is defined as placing a bet on an outcome even if some skill is involved, and is illegal. Only if the event is based on 100% skill then it would not be gambling. And it would be difficult to convince any court that poker is based on 100% skill.
Poker at home would be legal only if there are no stakes or prizes involved. It has to be played purely for fun. Some states that have banned poker commercially, allow home poker with stakes if no rake is taken. Georgia is not among them.
Though some forms of gambling have been allowed for charity, poker is not included.
In Georgia there is only one place to play live poker. That is on the cruise ships that host cash games and tournaments. There is a charge to be paid for boarding the cruise ships.
Gambling Laws in Georgia
Georgia is one of the most anti-gambling states in America. Land casinos, including Native American casinos, are illegal under the sections described earlier. The exception is cruise ship gambling. In 2011, the Georgia Lottery Corporation commissioned a report[C] that recommended setting up three casinos to generate $1 billion a year for the state. No action was taken on the report.
Though horse racing is permitted and is popular[D] to some extent, wagering on horse races is currently prohibited because it involves gambling. However a bill, HB 4[E], was introduced in the House for the 2013-14 session of the general assembly but nothing came to fruition. Lawmakers in the state continue to seek to allow regulated pari-mutuel wagering on horse races.
In 2000, there was a boom of video poker machines in Georgia. Though video poker machines are gambling devices and illegal, the operators found a loophole in the state law that allowed hosts to legally pay out prizes, including cash, for video poker wins. The legislature passed a law in 2002, explicitly banning video poker machines. The operators went to court and a Superior Court judge held the law illegal. Ultimately, the Supreme Court of Georgia overturned the decision and the ban went into effect. The Atlanta Journal-Constitution ran an article in 2011 that reported video poker machines were rampant despite being illegal.
Georgia residents can engage in casino gambling on cruise ships like the Emerald Princess Casino. Patrons have to be 21 or more to enter these cruise casinos. These cruise casinos offer the complete range of gambling activities that include slots, blackjack, craps, roulette, poker, and video poker. The ships cannot offer gambling while docked. They have to sail three miles into International waters where casino gambling is legal. One of the cruise ships operates from Savannah and the other from Historic Brunswick.
Nonprofit, tax exempt organizations as defined under section 16-12-51 of the Official Code of Georgia are allowed to legally conduct bingo games and raffles to help raise money for charity. They are required to obtain a license from the Georgia Bureau of Investigation. The terms and conditions of the operations are specified in the statute. People under 18 years of age can participate in raffle or bingo games as long as the prize is not more than $5 in wholesale value.
The state lottery was established in 1992 and started operating in 1993. It is conducted by the Georgia Lottery Corporation[F] with headquarters in Atlanta. Georgia residents have to be 18 or more in order to buy lottery tickets. According to the laws and regulations governing the lottery, half the money collected will have to be paid back as prizes, a third will be 'used to support improvements and enhancements for educational purposes and programs' and the balance will be for meeting operational expenses. A number of games and draws are restricted for Georgia residents, but the Georgia Lottery Corporation also subscribes to the national Powerball and Mega Millions.
In 2012, Georgia became one of the first states to start selling lottery tickets online. A report in the Atlanta Journal-Constitution informs that this was enabled by the Federal government stating that the Wire Act applied only to sports betting. The legislature granted approval in July 2012 and online sales commenced in November 2012.
An article in the Savannah Morning News reported that in March 2013 the Georgia legislature permitted the operation of bona fide coin operated amusement machines that did not pay out prizes in cash or kind. These machines would be under the oversight of the Georgia Lottery Corporation. Tickets sales in the 2016 fiscal year were $4.55 billion, an all-time record.
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
References and Citations
Internet Cafes Forcing Georgia Lawmakers To Take Harder Stance On Online Gambling
While a handful of states are considering the benefits of revenue increases brought about by legalizing online gambling, the state of Georgia seems to be going in the opposite direction. The Peach State does offer its residents a state lottery, bingo and raffles, but the only other legal gambling options Georgians have are two casino boats operating out of Savannah and Brunswick, and they have to sail into international waters before the gambling can begin.
However, Georgia residents have been flocking to Internet cafes throughout the state to play online poker and other games, which caught both the eye and the ire of Georgia Gov. Nathan Deal in August, 2011. With anywhere from 50-100 Internet cafes operating all over the state of Georgia, Gov. Deal promised a crackdown on the establishments catering to online gamblers who are using their terminals. 'Our state law prohibits gambling.' Deal said. 'The code is black and white on this issue.' The governor's aggressive attitude toward thwarting illegal online gambling in the Internet cafes seemed to garner the support of the Georgia Bureau of Investigation as well as international gambling consultant George Joseph. The Internet cafes are attracting the gamblers in droves, but the players have no recourse if they can't collect winnings from unregulated poker sites that are not on American soil. 'Who are you going to go to?' Joseph asked. 'Not law enforcement.'[1]
Georgia lawmakers also don't seem in a hurry to allow pari-mutuel wagering, despite the state's sizeable horse presence. Legislators had a chance to establish a nine-member commission that would oversee pari-mutuel betting and its regulation. But House Bill 467, which was a proposal to legalize horse-racing in the state, did not even come up for a House vote in time for the bill to be passed to the Senate, which leaves the issue on the state legislature's back burner until next year. And at the earliest, if the bill passes the House and the Senate, Georgia residents would have to wait until at least the 2018 General Election to find out if pari-mutuel wagering receives formal approval from lawmakers.[2]
Despite the governor's efforts to halt illegal online gambling in Internet cafes and the legislature's non-committal stance on House Bill 467, the Georgia Lottery Corporation spent nearly $100,000 on a study it completed in October, 2011 that examined the potential profit the state would stand to gain if casinos were built in Atlanta, Savannah and Jekyll Island. The study estimated that Georgia could rake in as much as $1 billion by 2018 if the casinos got the green light. 'Georgia, in particular the Atlanta metropolitan area, would be viewed by the gaming industry as one of the most prized opportunities in North America, largely because it has one of the largest, most affluent, untapped markets, with excellent air and highway access,' the study said.[3]
Floating Casinos And The Georgia State Lottery–Georgia's Limited History Of Gambling
Residents of the Peach State do not have any kind of land-based legal gambling venues within state borders, but that doesn't mean they're cut off completely. Gamblers in Georgia can wager on two different casino ships, the Emerald Princess II Casino[4], and the Diamond Casino[5]. The Emerald Princess II is located off of Gisco Point. Because gambling is illegal in the state of Georgia, the ship is required to sail into international waters before opening its two casino levels where patrons can play blackjack, poker, roulette, or slot machines. The Diamond Casino, which operates out of Savannah, has two casino floors and offers slots, poker, roulette and mini-baccarat.
Georgia's Thunderbolt Casino near Savannah circa. 1908
The Georgia State Lottery, by far the state's most consistent gambling revenue generator, was created in 1993 and sold its first ticket in June, 1994. Since its creation, the lottery has earned $39 billion in ticket sales, with $13.4 billion going directly to the State Treasury's Lottery for Education Account.
In 2011, the lottery grossed $3.597 billion in ticket sales. Winners alone took home $2.1 billion. Not only does the lottery benefit the people lucky enough to buy the winning ticket or select the lucky numbers, but 2010 figures show that the Georgia State Lottery brought in $15.1 million in tax revenue, as well as an additional $356,000 in back taxes.
The lottery also boosts major retailers and small businesses, with 2011 numbers showing an average of $27,000 in earnings per retailer that sell lottery tickets. Of course, educational funding has also received a major boost since the lottery's creation. Georgia's pre-Kindergarten program received $355 million to help more than 4,000 pre-K classrooms statewide to give children a successful start to their education. The HOPE Scholarship's $748.2 million allowed 256,000 high school graduates to attend college, which in turn creates a better educated workforce for the state. The Georgia State Lottery directly employs 280 workers statewide, and another 50,000 people are employed where lottery tickets are sold.[6]
The success the state lottery would enjoy was evident from the very start. Georgia residents purchased 52 million tickets in the first week of operation. Five months later, the lottery exceeded its first-year sales goal, earning $463 million in sales. By the end of its first year, $1.1 billion in lottery revenue had been earned, $164.81 per capita, making it the most successful state lottery startup in history since Florida began its lottery in 1988.[7]
Poker Websites Legal In Georgia Counties
Outlook For Gambling Legislation In Any Form In Georgia Not A Safe Bet
Poker Websites Legal In Georgia Secretary Of State
Despite the huge success of the Georgia State Lottery, the actions of Georgia legislators and the attitude of Georgia Gov. Nathan Deal leaves the impression that gamblers in Georgia shouldn't bet the farm on a change in gambling laws any time soon.
Residents who gamble and play the lottery may find it difficult to understand why Georgia lawmakers aren't taking a harder look at the potential revenue boost online gambling regulations could bring to the state. With Gov. Deal's crackdown last year on Internet cafes that may or may not be fronts for online poker rooms, residents who gamble online may be more timid about going all-in as well. And after another failed attempt to bring pari-mutuel wagering to a state with many horse stables and a huge horse population, it is becoming clear that the Georgia legislature isn't willing to place any kind of bet on the potential positive effect gambling legislation could bring to the state–online or otherwise.
Time will tell, but Georgia legislators will no doubt feel some pressure if other states such as New Jersey and Nevada manage to push online gambling bills through the legislative process and create untold amounts of additional revenue by succeeding in offering online gambling.
Citations and References
[1]State leaders vow to crack down on illegal internet gambling cafes – Atlanta Journal Constitution
[2]Georgians to wait until at least 2018 for regulated horse betting in the state – Throughbred Times
[3]Study finds massive earning potential for land based casinos in Georgia by Jim Galloway
[4]Emerald Princess Casino in Georgia – Casino Website
[5]Diamond Casino in Georgia – Casino Website
[6]Benefits of the state lottery in Georgia – Galottery.com Analysis
[7]About the Georgia State lottery – Galottery.com
Poker Websites Legal In Georgia Government
