2025 Georgia Codes – Page 171

(a) As used in this Code section, the term “tattoo” means to mark or color the skin of any person by pricking
in, inserting, or implanting pigments, except when performed by a physician licensed as such pursuant to
Chapter 34 of Title 43.
(b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the
nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a
misdemeanor.

As used in this part, the term:
(1) “Bet” means an agreement that, dependent upon chance even though accompanied by some skill, one
stands to win or lose something of value. A bet does not include:
(A) Contracts of indemnity or guaranty or life, health, property, or accident insurance; or
(B) An offer of a prize, award, or compensation to the actual contestants in any bona fide contest for the
determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or
aircraft entered in such contest.
(2) “Gambling device” means:
(A) Any contrivance which for a consideration affords the player an opportunity to obtain money or other
thing of value, the award of which is determined by chance even though accompanied by some skill, wheth-
er or not the prize is automatically paid by contrivance;
(B) Any slot machine or any simulation or variation thereof;
(C) Any matchup or lineup game machine or device, operated for any consideration, in which two or more
numerals, symbols, letters, or icons align in a winning combination on one or more lines vertically, horizon-
tally, diagonally, or otherwise, without assistance by the player. Use of skill stops shall not be considered
assistance by the player; or
(D) Any video game machine or device, operated for any consideration, for the play of poker, blackjack, any
other card game, or keno or any simulation or variation of any of the foregoing, including, but not lim-
ited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an
equivalent or substitute for cards in the conduct of such game.
Any item described in subparagraph (B), (C), or (D) of this paragraph shall be a prohibited gambling device
subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this
state.
(3) “Gambling place” means any real estate, building, room, tent, vehicle, boat, or other property whatsoever,
one of the principal uses of which is the making or settling of bets; the receiving, holding, recording, or for-
warding of bets or offers to bet; or the conducting of a lottery or the playing of gambling devices.
(4) “Lottery” means any scheme or procedure whereby one or more prizes are distributed by chance among
persons who have paid or promised consideration for a chance to win such prize, whether such scheme or
procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name.
Except as otherwise provided in Code Section 16-12-35, a lottery shall also include the payment of cash or
other consideration or the payment for merchandise or services and the option to participate in or play, even
if others can participate or play for free, a no skill game or to participate for cash, other consideration, other
evidence of winnings, or other noncash prizes by lot or in a finite pool on a computer, mechanical device, or
electronic device whereby the player is able to win a cash or noncash prize, other consideration, or other evi-
dence of winnings. A lottery shall also include the organization of chain letter or pyramid clubs as provided
in Code Section 16-12-38. A lottery shall not mean a:
(A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified
in paragraph (16) of subsection (b) of Code Section 10-1-393;
(B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the
following conditions:
(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the pur-
pose of advertising the goods, wares, and merchandise of such business;
(ii) No person to be eligible to receive such prize shall be required to:
(I) Pay any tangible consideration to the operator of such business in the form of money or other property
or thing of value;
(II) Purchase any goods, wares, merchandise, or anything of value from such business; or
(III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by
whatever name denominated, in order to win such prizes; and
(iii) The prizes awarded shall be noncash prizes and cannot be awarded based upon the playing of a game
on a computer, mechanical device, or electronic device at a place of business in this state;
(C) Raffle authorized under Code Section 16-12-22.1;
(D) National or regional promotion, contest, or sweepstakes conducted by any corporation or wholly owned
subsidiary or valid franchise of such corporation, either directly or through another entity, provided that, at
the time of such promotion, contest, or sweepstakes, such corporation:
(i) Is registered under the federal Securities Exchange Act of 1934; and
(ii) Has total assets of not less than $100 million; or
(E) Savings promotion raffle that conforms with the requirements of Code Section 7-1-239.10.
The provisions of this part shall not be applicable to games offered by the Georgia Lottery Corporation pursu-
ant to Chapter 27 of Title 50.

(a) A person commits the offense of gambling when he:
(1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any par-
ticipant in such game or contest;
(2) Makes a bet upon the result of any political nomination, appointment, or election or upon the degree of
success of any nominee, appointee, or candidate; or
(3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.
(b) A person who commits the offense of gambling shall be guilty of a misdemeanor.