Doyle, Presiding Judge. Tabletop Media, LLC, d/b/a Ziosk (“Tabletop”) develops, produces, and distributes its Ziosk brand tabletop computer tablets, which it leases to restaurants. After the Georgia Lottery Corporation (“GLC”) issued an executive order finding that the Ziosk was a coin-operated amusement machine (“COAM”)[1] subject to licensing requirements and regulations of GLC pursuant to OCGA § 50-27-70, Tabletop filed a petition for judicial review in superior court. The superior court reversed GLC’s decision, finding that the Ziosk was not a COAM, and this Court granted GLC’s application for discretionary review. On appeal, GLC argues that the trial court erred by: failing to give deference to GLC’s interpretation of the relevant statute, OCGA § 50-27-70 (b) (2) (A); failing to consider the legislative history behind that Code section; and ultimately concluding that the Ziosk did not constitute a COAM subject to licensing and regulation by GLC. For the reasons that follow, we affirm. The facts in this case are undisputed. The Ziosk is a seven-inch, Android-based touchscreen tablet that Tabletop sells or leases (along with accompanying customizable software and services) to restaurants, which place the tablets on tables and bars. The Ziosk is used for two purposes: (1) a restaurant management function, and (2) amusement. The restaurant management function, which is free for customers, permits customers to view nutritional information, place food and drink orders, summon a server, complete surveys, enroll or participate in loyalty or reward programs, view promotions and advertisements, scan coupons, pay for their meals, leave comments, and email or print a copy of their receipt. Customers can also use the Ziosk to play free games.[2] Customers can also, however, pay a one-time fee to access “premium entertainment,” including videos, sports news, and unlimited games, which require the use of skill by the player. Revenue from the premium entertainment is split between Tabletop and the restaurants; customers do not receive a reward or redemption when playing premium games.On September 17, 2015, GLC issued a notice entitled “Tablets as Class A Coin Operated Amusement Machines” (“Notice”) in response to a question from Ryan, LLC, regarding whether “tablets that are becoming more common in restaurants and retail establishments as a form of entertainment” are considered Class A COAMs subject to State COAM rules and laws. The Notice stated:each tablet offered to the public by a business that allows a customer to pay for access to games or music is considered a Class A COAM within the State of Georgia. Even if a tablet is not for the sole and exclusive purpose of playing games/music but allows it as an option, the tablet would still be a Class A COAM . . . [as defined by] OCGA § 50-27-70 (b) (3) and GLC Rule 13.1.2. . . .
In other words, any tablet that a business uses to allow customers to pay to play games (that involve skill, including trivia) or music is subject to COAM laws and rules, including licensing requirements for the entity that owns the devices and the location in which the devices are used. If a location is offering Class A COAMs [i]n the form of tablets to its customers, such location must be licensed as a Class A COAM location[,] and the entity that owns such tablets must also be licensed as a Class A COAM master. Additionally, each Class A COAM placed in a licensed location must have a valid Class A COAM permit sticker affixed to it [pursuant to] OCGA § 50-27-78 (b). Accordingly, a Class A COAM permit sticker should be purchased for each tablet made available to the public at the location.
