Why Georgia Takes Keeping a Gambling Place Seriously

Keeping a gambling place in Georgia is more than just placing a bet — it’s running a business that profits from games of chance without authorization. Under O.C.G.A. § 16-12-23, and O.C.G.A. § 16-12-22 anyone who operates, profits from, or facilitates gambling activity can face serious criminal liability.

At The Sherman Law Group, we see firsthand how devastating these charges can be. A single misstep — hosting card games, leasing a space for poker nights, or even turning a profit from illegal machines — can lead to criminal penalties, fines, and a permanent criminal record.

This comprehensive guide explains what constitutes keeping a gambling place in Georgia, which is related to but slightly different than commercial gambling under Georgia law, explores common scenarios, details potential defenses, and answers 50 frequently asked questions. We also include various perspectives so everyone can understand the risks and protections available.

Understanding O.C.G.A. § 16-12-23

O.C.G.A. § 16-12-23 criminalizes keeping a gambling place. In plain language:

• Operating, managing, or controlling a gambling business is illegal.
• Profiting from gambling without authorization is illegal.
• Renting, leasing, or otherwise providing space for gambling can also trigger liability.

Key elements prosecutors must prove:

1. Knowledge – You knowingly engaged in or facilitated commercial gambling.
2. Control – You operated or had authority over the property or operation.
3. Profit motive – You sought to make money from gambling activity.

Even if you don’t gamble yourself, managing the operation or receiving a share of the profits can be enough for prosecution.

Penalties for Commercial Gambling in Georgia

Violating O.C.G.A. § 16-12-23 is serious. Penalties include:

• Jail time: Typically a misdemeanor of high and aggravated nature. Maximum imprisonment can be up to 12 months.
• Fines: Substantial fines, often exceeding typical misdemeanor limits.
• Probation: Conditions may include no contact with gambling operations, regular reporting, and restrictions on business activities.
• Collateral consequences: Employment restrictions, difficulty obtaining licenses, and potential impacts on immigration or financial industry credentials.
• Asset seizure: Any profits, cash, or equipment connected to the gambling operation may be seized.

These penalties highlight the importance of seeking experienced criminal defense counsel immediately if you are under investigation.

Common Gambling Scenarios in Georgia

1. Bars and Clubs Hosting Poker Nights

Owners can face charges even if they don’t participate, especially if they take a percentage of the pot or charge fees.

2. Private Homes or Rental Properties

Leasing a home for card games or poker nights can trigger liability if profit is derived or the owner knowingly allowed gambling.

3. Illegal Machine Operations

Owning or profiting from coin-operated or gaming machines without proper licensing can be prosecuted as commercial gambling.

4. Mobile or Temporary Venues

Warehouses, tents, or vehicles used for recurring gambling events fall under the statute.

5. Online or Internet-Assisted Gambling

While nuanced, profit-driven digital gambling without authorization can also fall under Georgia’s commercial gambling rules.

6. Business Collaborations

Even co-managing a gambling operation with others may make you liable under the law.

7. Rental Property Misuse

Renting space to an individual or group for gambling without taking reasonable steps to prevent it can trigger charges.

8. After-Hours Events

If your business is used for gambling outside regular hours, and you benefit financially, you could be held accountable.

Defenses Against Commercial Gambling Charges

Defense strategies vary based on the facts, but common approaches include:

• Lack of knowledge: The defendant did not know gambling was occurring.
• No control over the property: The defendant didn’t operate or manage the business.
• No profit motive: Evidence that the defendant didn’t receive or expect any financial gain.
• Insufficient evidence: Prosecutors cannot prove elements beyond a reasonable doubt.
• Entrapment: If law enforcement induced or encouraged the illegal activity.
• Procedural errors: Illegal searches or violations of due process may result in evidence suppression.
• Third-party responsibility: Showing another party controlled the gambling activity.
• Legal ambiguity: Machines or games may fall under legal exemptions.

At The Sherman Law Group, we analyze each element meticulously to identify weaknesses in the prosecution’s case.

Perspectives on Commercial Gambling

1. Bar Owner Liability

Even small bars can be prosecuted if card games or illegal machines generate profits. Employees may inadvertently place the owner at risk.

2. Landlord Risk

Renting a space to tenants unaware that it will be used for gambling can still trigger liability if the landlord “should have known.”

3. Convenience Store Operators

Owners who profit indirectly from coin-operated gambling devices may face charges, even if unrelated to day-to-day business.

4. Construction or Warehouse Sites

Industrial spaces rented for poker nights or gaming machine storage can be charged as gambling places.

5. Taxi or Delivery Drivers

Transporting machines or money associated with commercial gambling can create complicity issues.

6. Restaurant Managers

Overseeing a dining establishment that hosts after-hours poker nights exposes managers to criminal liability.

7. Mechanics or Repair Shops

Offering space for gambling operations or machines may result in prosecution, regardless of intent.

8. Barbershops or Salons

Even informal games among clients may constitute a gambling place if owners profit or permit recurring operations.

Other Perspectives on Commercial Gambling

1. Real Estate Investors

Leasing commercial properties that become gambling venues may result in liability if knowledge or profits are involved.

2. Corporate Event Planners

Facilitating casino-themed events with entry fees or prize structures can be interpreted as commercial gambling.

3. Business Consultants

Providing advice or management assistance to an operation that profits from gambling could create exposure.

4. Hospitality Executives

Hotels, resorts, or clubs hosting profit-oriented card tournaments may face criminal scrutiny.

5. Financial Advisors

Indirect involvement in financial arrangements tied to gambling operations can implicate white-collar professionals.

6. Legal and Accounting Professionals

Consultants managing books for gambling operations could be at risk if they knowingly aid illegal profit activity.

7. Franchise or Chain Owners

Branch locations generating profit from unauthorized gambling events could implicate upper management.

8. Tech Entrepreneurs

Developers or operators of profit-driven online gaming platforms without authorization may fall under commercial gambling laws.

50 FAQs Fully Answered

1. What is keeping a gambling place under Georgia law?
   Operating or managing gambling activities without authorization.
2. Can I be charged if I didn’t gamble myself?
   Yes, if you operated, managed, or profited from the gambling operation.
3. Does renting a property for gambling make me liable?
   Yes, if you knowingly allowed gambling or expected profit.
4. What constitutes “profit” in commercial gambling?
   Any money, goods, or financial benefit derived from gambling activity.
5. Are all gambling games illegal in Georgia?
   No — social games without profit or charitable exemptions may be legal.
6. Can a bar or restaurant host poker nights legally?
   Only if they avoid profit and comply with exceptions.
7. What are the penalties for commercial gambling?
   Misdemeanor of a high and aggravated nature: jail, fines, probation, and collateral consequences.
8. Can machines like slot machines be legal?
   Only with proper licensing (COAM or authorized exemptions).
9. Can I be prosecuted for after-hours games?
   Yes, if profit is derived or you knowingly permit activity.
10. What is the role of knowledge in prosecution?
    Prosecutors must prove you knew gambling was occurring.
11. Can employees make me liable?
    Yes, if you benefit financially or knowingly allow activity.
12. Can landlords be charged for tenant gambling?
    Yes, if they knowingly allow it or profit indirectly.
13. Can I face asset forfeiture?
    Yes, including cash, machines, and equipment.
14. Does commercial gambling include online activity?
    Potentially, if profit is derived without authorization.
15. Are first-time offenders treated differently?
    Sometimes — judges may consider probation or first-offender programs.
16. Can I plead to a lesser offense?
    Often, but it depends on evidence and negotiation.
17. Do I need a lawyer immediately?
    Absolutely — early intervention is critical.
18. Can the police search my property?
    Only with a valid warrant or probable cause.
19. Is entrapment a valid defense?
    Yes, if law enforcement induced the illegal activity.
20. Can co-defendants shift blame?
    Yes, if they prove you had no control or knowledge.
21. Can I host a private poker night legally?
    Yes, if no profit is involved and it is truly social.
22. Are charitable casino nights legal?
    Potentially, if compliant with charitable gaming laws.
23. Do minors face the same penalties?
    Depends on circumstances; often handled differently.
24. Can I sue someone who set me up?
    Civil remedies may exist, but focus is criminal defense first.
25. Can online promotions violate the law?
    Yes, if they facilitate unauthorized profit-driven gambling.
26. Do I need a license for machines?
    Yes, Georgia regulates COAM and similar devices.
27. Can I be prosecuted retroactively?
    Yes, if activity occurred while law was in effect.
28. Does location type matter?
    No — any property under your control can qualify.
29. Can joint ownership protect me?
    Not necessarily; control and knowledge are key.
30. Do verbal agreements count as proof?
    Yes, if they demonstrate intent or knowledge.
31. Can fines be reduced?
    Possibly, through plea negotiations.
32. Are repeated offenses punished more harshly?
    Yes, multiple violations escalate consequences.
33. Can probation include gambling restrictions?
    Almost always.
34. Can I attend work while on probation?
    Typically yes, unless job involves gambling operations.
35. Can my spouse be charged?
    Only if they meet knowledge/control criteria.
36. Does insurance cover gambling liability?
    Generally no.
37. Can I be arrested without warning?
    Yes, if probable cause exists.
38. Are plea deals common?
    Yes, many cases resolve via negotiated pleas.
39. Do police need witnesses?
    Not always; documentary evidence can suffice.
40. Can I challenge machine legality?
    Yes, machines may fall under legal exemptions.
41. Can landlords limit exposure?
    Yes — lease clauses and monitoring can reduce risk.
42. Do police often target bars or restaurants?
    Yes, especially for recurring profit-driven games.
43. Are arrests public record?
    Yes, until expunged or sealed.
44. Can criminal records be expunged?
    Sometimes, after probation or first-offender programs.
45. Can I refuse to sign statements?
    Yes, you have the right to remain silent.
46. Do co-conspirators complicate defense?
    Yes, but coordinated defense strategies help.
47. Can cash from gambling be seized?
    Yes, as evidence or potential forfeiture.
48. Are hotels liable for events on premises?
    Potentially, if management knowingly allows gambling.
49. Can police raid without a warrant?
    Generally no; warrants are required.
50. What is the most important step if charged?
    Contact The Sherman Law Group immediately for expert defense.

Commercial Gambling in Georgia (O.C.G.A. 16-12-22) – Quick Reference Chart (A Related but Different Charge)

Protect Your Future — Fight Keeping a Gambling Place Charges with The Sherman Law Group

Keeping a gambling place in Georgia, also called commercial gambling charges, under O.C.G.A. § 16-12-23 can devastate your finances, reputation, and freedom. Whether you’re a bar owner, landlord, business manager, or private citizen, prosecutors often focus on profit and control — not just individual bets.

At The Sherman Law Group, our gambling lawyers know the intricacies of Georgia’s gambling laws. We scrutinize evidence, challenge assumptions, and fight for clients from all walks of life — blue-collar workers and white-collar professionals alike.

Your first call matters. Protect your rights, safeguard your future, and partner with lawyers who know how to turn complex statutes into actionable defense strategies.

Call a gambling attorney at The Sherman Law Group today — because commercial gambling charges require a fight, and we’re ready to take it on.