Procedures for Requesting Administrative Charge Assistance from the State Revenue Commissioner
(Coin-Operated Amusement Machines)Pursuant to Chapter 48, Title 17 of the Official Code of Georgia Annotated, the State Revenue Commissioner is given the responsibility and authority to license and regulate bona-fide coin-operated amusement machines in the State of Georgia. Enforcement of criminal statutes involving the unlawful use of the machines (i.e. gambling and related offenses) is not within the regulatory authority of the Commissioner. This procedure is intended to establish guidelines whereby state and local law enforcement agencies can access the regulatory authority of the Commissioner. For businesses licensed for the sale of alcoholic beverages, an administrative citation may be issued on a report of the charging official, with the charging official being issued a subpoena to appear at the administrative hearing. The administrative citation requires the licensee to appear for a hearing held before the Revenue Department’s Administrative Hearing Officer to show cause why the licensee’s license should not be revoked or other penalty imposed. Following are examples of administrative rules used during this process: Citation – Department of Revenue Regulation 560-2-2-.08 Notification of Disciplinary Action. Amended Citation – Department of Revenue Regulation 560-2-2-.11 Games of Chance; Cause for Suspension or Revocation of License. Amended. Citation – Department of Revenue Regulation 560-2-2-.28 Violations; Unlawful Activities. For businesses operating coin-operated amusement machines but which are not licensed for the sale of alcoholic beverages, the coin-operated amusement machine master license may be placed in jeopardy through the administrative hearing process. However, hearings regarding the revocation of coin-operated amusement Machine master licenses are held before the Office of State Administrative Hearings rather than the Revenue Department Hearing Officer. Citation – O.C.G.A. 48-17-13 Criminal violations; investigations; seizures and confiscation of machines; repossession; sealing of machines. All agencies desiring to take advantage of this program should forward all reports and other documentary information to the program coordinator listed below. Along with that documentation, agencies should forward the name, address, phone number, and fax number of a contact person within the agency authorized to receive subpoenas issued for the appearance of the charging official: William A. Capps, Special Agent in Charge
Georgia Department of Revenue
Alcohol & Tobacco Division
Post Office Box 13547
Savannah, Georgia 31416
Phone: (912) 353-3001
Fax: (912) 303-1857
E-mail: wacapps@dor.ga.gov It is the policy of the Georgia Department of Revenue, Alcohol & Tobacco Division to provide investigative, technical, and administrative assistance and support to state and local agencies in matters of mutual concern. However, the filing of administrative charges in such matters is discretionary. The Application Form and Instructions can be found here pdf file |