Ultra Telecom, Inc. v. State

Gambling is strictly prohibited under the Georgia Constitution, “and this prohibition shall be enforced by penal laws.” Ga. Const, of 1983, Art. I, Sec. II, Par. VIIL In connection with this prohibition, the Legislature has specifically defined the manner in which “a coin operated game or device designed and manufactured for bona fide amusement purposes” may be used without the machine being subject to condemnation by the State as an illegal gambling device. OCGA §§ 16-12-35; 16-12-32. Because the machines at issue here are illegal gambling devices, in that they do not comport with the plain…