We granted certiorari in these cases to address whether the seven video game machines at issue are illegal gambling devices subject to condemnation by the State, as found by the Court of Appeals based on the interpretation it gave to the phrase “a single play” pertaining to the non-cash redemption options set forth in OCGA § 16-12-35, State of Ga. v. Damani , 299 Ga. App. 112 681 SE2d 635 2009, or whether the game machines meet the definition in OCGA § 16-12-35 for coin operated games or devices designed and manufactured for bona fide amusement purposes only, as found by the trial court when it denied the State’s petition to condemn these particular machines. For the following reasons, we reverse the Court of Appeals. 1. The State of Georgia, by and through the District Attorney of Cobb County, brought civil condemnation actions against various game machines owned or leased by appellants claiming that they were illegal gambling devices in violation of OCGA § § 16-12-20 et seq. By agreement of the parties, the trial court assessed the capabilities of eleven specific machines, as representatives of the whole, and, after making detailed findings of fact as to each machine, applied those facts to its legal construction of OCGA § 16-12-35. The trial court found, inter alia, that seven of the machines1 were not illegal gambling devices subject to condemnation but instead were bona fide coin operated amusement games. Pertinent to this appeal, the trial court rejected the State’s argument that these seven machines were illegal gambling devices because they violated the non-cash redemption option in OCGA § 16-12-35 by exceeding the statutory $5.00 cap placed on non-cash merchandise, prizes, toys, gift certificates, or novelties “received . . . for a single play.” Id. at d 2. The trial court held that a player “could play a Machine, win points, redeem said points earned in that game, and then play again” or the player could “play a Machine for several plays, allowing the points to accumulate as permitted in OCGA § 16-12-35 d 2, and then redeem the points in the form of tokens or tickets for non-cash merchandise not to exceed $5 for a single play.” Because each game machine “had a mechanism that determined the number of plays and provided the player with a certificate or voucher for noncash merchandise for $5 per play regardless of the number of points the player accumulated,” the trial court found the game machines at issue “per se” complied with the redemption provisions of OCGA § 16-12-35.
The Court of Appeals reversed the trial court as to these seven machines. The majority opinion was based on the holding that the trial court erred as a matter of law as to the legal interpretation it gave the phrase “a single play” in OCGA § 16-12-35. State of Georgia v. Damani , supra, 299 Ga. App. at 116 1 b. The majority opinion recognized that “the term ‘a single play of the game or device’ is key to our analysis,” id., but noted that “unfortunately, it is not defined in the statute. See OCGA § 16-12-20.” Id. It then construed the phrase to mean that a ” ‘single play of the game or device’ has occurred when a player cannot continue playing the game machine or device without providing additional consideration” footnote omitted, id., and concluded, “ in short, if the player does not ‘cash out’ at this point for a prize not to exceed $5 in value, he or she may only use accumulated winnings to start the game anew.” Id. at 117. Further, correctly recognizing that the phrase “single play” in OCGA § 16-12-35 d 2 must be construed to mean the same as a “single play of the game or device” in OCGA § 16-12-35 d 1 B, State of Ga. v. Damani , supra at 117 1 b, the Court of Appeals held that “OCGA § 16-12-35 d 2 does not allow for the accumulation of tokens, vouchers, or tickets in amounts exceeding $5 for a single play of the game or device” emphasis supplied, id., a conclusion it found necessary to avoid rendering the $5 limitation on noncash merchandise in OCGA § 16-12-35 d 1 B “meaningless.” State of Georgia v. Damani , supra at 117 1 b.
