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  1. #11
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    Default Re: Suing the State for Shutting Down a Business

    Paying out in GOLD is as negotiable as cash. Paying out in merchandise is still illegal.

  2. #12
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    Default Re: Suing the State for Shutting Down a Business

    Quote Quoting flyingron
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    Paying out in GOLD is as negotiable as cash. Paying out in merchandise is still illegal.
    It's a bit more complicated than that, although given the limits on the value of prizes as set forth in OCGA Sec. 16-12-35 it would be a giant red flag for investigators if the prizes available to winners were unusually valuable. (Think of the sort of prizes you normally see in an arcade, where you trade in your tickets for stuffed animals and trinkets.)

  3. #13

    Default Re: Suing the State for Shutting Down a Business

    We had gold for our bigger things like jackpots etc. We had merchandise and asked people what they would prefer to win and we ordered from a catalog so when they won they could have something they actually wanted.

  4. #14
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    Default Re: Suing the State for Shutting Down a Business

    Even with Mr. K's amplification of the statute it still sounds like your use is 100% illegal. Other than trinket prizes in a claw game and free plays of the game, you're not allowed to give out prizes either in cash, gold, or in merchandise you order from a catalog.

  5. #15

    Default Re: Suing the State for Shutting Down a Business

    Yes you are trust me. You are allowed to give merchandise from catalog as long as it is in stored, you cant have them win and then order it. You can give out gold, the only stipulation is no cash and for every spin they have is worth 5 dollars of credits. so if they spin 10 times they can get paid up to $50.00.

    And that's why we did so good, we let people order stuff so when they eventually won and wanted to cash out we had something already there. We did not let them win and say, "ok, come order something out of here so we can get it to you next week.)

  6. #16
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    Default Re: Suing the State for Shutting Down a Business

    Awards can be accumulated, as long as the value of the award does not exceed $5 for a single play. I'm not seeing how jackpots with prizes of gold would be consistent with the statute.
    Quote Quoting OCGA Sec. 16-12-35(d)(2)
    (2) A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection may accumulate winnings for the successful play of such bona fide coin operated amusement games or devices through tokens, vouchers, points, or tickets. Points may be accrued on the machine or device. A player may carry over points on one play to subsequent plays. A player may redeem accumulated tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets received does not exceed $5.00 for a single play.
    salience, what authority are you looking at for your more valuable jackpots?

  7. #17

    Default Re: Suing the State for Shutting Down a Business

    The state laws, on the GA lottery website. What it means 5$ for a single play is this. one play is one press of the 'play' button. So if a player wins $4,500 they will have to have pressed the play button 900 times or they can not cash out that much. That's what it means for not to exceed 5$ for a single play. Regardless, they are charging us for a cash payout which I know for a 100% FACT they did not have. We did not pay out cash. How can they have evidence when it gives a 7 month period and says "we are unsure of which date the cash payout was made, we just know that there was one" It sounds like to me that made it up just to arrest my wife since the business was in her name.

    I would also like to add, it says the dates that the cash payout was made are from January 15th to July 4th, we purchased the business license on January 15th but did not take over the business until after March, we just had the license to operate, it was at that time being operated by another individual.

    Thank you for taking the time to search and help me, I am not trying to shut down how you interpret the law, its annoying how they word it, but I had spent a lot of time doing just that and calling and asking questions to the state, that's the only reason I know about it.

  8. #18
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    Default Re: Suing the State for Shutting Down a Business

    I personally wouldn't obsess over a single possible misdemeanor charge when looking at a large number of felonies. It is also within the realm of possibility that a store employee decided to swap out a prize for cash, which would amount to the same thing.

    You avoided answering my question about "jackpots".

    Your lawyer has certainly informed the GBI of the date you took over management of the business; but it's not clear how you would "know for a fact" that no cash payout occurred if you had nothing to do with the business operations.

  9. #19

    Default Re: Suing the State for Shutting Down a Business

    They charged us with felony commercial gambling, not cash payouts. This one store was in my now wife's name. That's how I know it didn't happen. If the clerk did payout cash they would have charged her.

  10. #20
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    Default Re: Suing the State for Shutting Down a Business

    You really have a hard time keeping your story straight.

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