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Complex Discovery in Divorce Cases: Coin Operated Amusement Machines

Publish Date: 10/07/2024

Income from Coin Operated Amusement Machines (COAM)

In some divorce cases, spouses are self-employed. Compared to analyzing the income of a spouse who is a W-2 employee, analyzing the income of a spouse who owns and operates a business may be more complicated.

Analysis of business income is not straightforward, and sole reliance on tax returns to figure out a spouse's business income may not be a wise strategy. Oftentimes, a thorough analysis of the business's financial and accounting records may be warranted.

One type of business that folks may be familiar with in Georgia is Coin Operated Amusement Machines ("COAM"s). Essentially, these are amusement machines that customers pay to play and possibly win non-cash prizes. Redemption of prizes cannot be in cash. In other words, COAM's cannot be used for gambling. You may have seen these coin machines at some gas stations in Georgia.

There is a body of statutory laws dedicated to the regulation of COAM's in Georgia. See generally O.C.G.A. ยง 50-27-70 et seq. The COAM department is a part of the Georgia Lottery Corporation ("GLC").

In a divorce case where one spouse's income is at least partially derived from COAM's, it may be important to engage in discovery to gather relevant evidence and information about the spouse's income generated from COAM's. Gathering such evidence and information requires an understanding of how COAM's work.

Revenue from COAM's must be deposited into a bank account separate from the bank account into which other business receipts are deposited. For example, if a gas station has COAM's on its premises, then the receipts from the operation of the gas station and the revenue from the COAM's at the gas station must be segregated. On every Wednesday, the GLC does a sweep of the COAM bank account. Then, the net receipts from the operation of COAM's are split three ways: (1) GLC retains 5% to 10% of the net receipts; (2) the owner or operator of the location where the COAM's are installed receives up to 47.5% of the net receipts; and (3) the master license holder of COAM's receives up to 47.5% of the net receipts.

Also, Georgia law prohibits a business premises from deriving more than 50% of its gross retail business receipts from COAM's. In other words, Georgia law prohibits COAM's from becoming the business's main source of revenue. The owner or operator of a business location where COAM's are installed is required to report to the GLC, on a monthly basis, gross retail receipts for the business location.

Discovery of Coin Operated Amusement Machines (COAM)


To analyze a spouse's income from COAM's, the following documents may be requested directly from the COAM department of the GLC via a request for production of documents or subpoena:

1. Documents showing any and all payment of annual Location License fee, non-refundable payment processing fee, administrative fee, and non-refundable late fee of $1,000.00 to the COAM Division of the GLC by [business name].

2. Any new and renewal COAM applications (and documents and supporting materials submitted therewith) submitted to the COAM Division of the GLC by [business name].

3. Documents showing the results of Georgia Department of Revenue (DOR) check (to determine if there are any outstanding tax liabilities or obligations, officer/owner discrepancies, address discrepancies or missing tax returns) as a part of COAM's Class B Location License compliance check regarding [business name].

4. Any and all Electronic Funds Transfer Authorization Form (including any updated Forms) for Location License Holders submitted to the COAM Division or Retailer Contracts and Administration ("RCA") Department of the GLC by [business name].

5. To the extent not covered by Paragraph 4 supra, documents showing the identity (i.e., name of the bank, account holder, and account number) of [business name]'s dedicated COAM Electronic Funds Transfer account.

6. Documents showing the date on which Class B COAMs were connected to the Central Accounting System as it pertains to [business name].

7. Location Period Accounting Reports, Weekly Invoice Reports, Gaming Machine Meters Period Balance Reports, and any other accounting or monitoring reports available on the Intralot Portal showing [business name]'s Net Receipts.

8. Monthly Gross Retail Receipts reported to the COAM Division of the GLC by [business name] and [business name]'s Monthly Sales Summary.

9. Any and all 1099-MISC Forms sent to [business name] by the GLC.

Written by: Daesik Shin

Categories:

Divorce Process
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