Florida Senate - 2010                                    SB 2414
       
       
       
       By Senator Bennett
       
       
       
       
       21-01531-10                                           20102414__
    1                        A bill to be entitled                      
    2         An act relating to amusement arcades; creating s.
    3         849.162, F.S.; providing for the regulation and
    4         licensing of amusement arcades by the Department of
    5         Agriculture and Consumer Services; providing
    6         definitions; providing exemptions for certain
    7         businesses; providing qualifications and for the
    8         issuance of licenses; prohibiting local governments
    9         from issuing local licenses or permits to unlicensed
   10         persons; prohibiting certain acts and providing
   11         penalties for violations; providing for a gross
   12         receipts tax; providing recordkeeping requirements;
   13         authorizing the department to adopt rules; prohibiting
   14         certain activities by licensees; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 849.162, Florida Statutes, is created to
   20  read:
   21         849.162Amusement arcades.—
   22         (1)As used in this section, the term:
   23         (a) “Amusement arcade” means an establishment that is open
   24  to the general public and provides at least 50 games and
   25  machines on the premises for use by customers.
   26         (b) “Department” means the Department of Agriculture and
   27  Consumer Services.
   28         (c) “Game or machine” means a device that operates by the
   29  insertion of a coin, currency, or card containing game play
   30  credits and that by an application of skill allows the player to
   31  receive points or coupons that may be exchanged for a prize
   32  consisting of merchandise or gift cards, but not cash or
   33  alcoholic beverages, and the cost of the merchandise or prize
   34  awarded does not exceed 75 cents times the number of games
   35  played. However, this term does not apply to:
   36         1. A coin-operated game or device designed for amusement
   37  purposes only, which may, by application of skill, entitle the
   38  player to a maximum of 15 free replays of the game, which can be
   39  discharged of accumulated free replays only by reactivating the
   40  game for one additional play for each accumulated free replay,
   41  and which cannot make a permanent record of free replays; or
   42         2. A game or device defined as a gambling device in 24
   43  U.S.C. s. 1171, which requires identification of each device by
   44  permanently affixing seriatim numbering and name, trade name,
   45  and date of manufacture under 24 U.S.C. s. 1173, and
   46  registration with the United States Attorney General, unless it
   47  is excluded from applicability under 24 U.S.C. s. 1178. However,
   48  this section does not authorize video poker games.
   49         (2)This chapter does not apply to an amusement arcade that
   50  is in compliance with this section.
   51         (3)(a)A person must hold an amusement arcade license to
   52  operate an amusement arcade in this state. Licenses are valid
   53  for 1 year, must be renewed annually, and are not transferable.
   54         (b) An applicant for an initial or renewal license must be
   55  at least 21 years of age and must apply on forms prescribed by
   56  departmental rule.
   57         (c) The annual license fee for each facility is $1,000,
   58  which shall be deposited by the department into the Division of
   59  Consumer Services Trust Fund.
   60         (d) The department may deny or revoke a license if the
   61  applicant or licensee has been found guilty of or had
   62  adjudication withheld in any jurisdiction, under any state or
   63  federal law, of a felony involving forgery, larceny, extortion,
   64  conspiracy to defraud, or filing false reports to a governmental
   65  agency.
   66         (e) The department may deny, suspend, or revoke a license
   67  if the applicant or licensee has violated or failed to comply
   68  with this section or any rule adopted hereunder; has knowingly
   69  caused, aided, abetted, or conspired to cause any person to
   70  violate this section or any rule adopted hereunder; has obtained
   71  a license or permit by fraud, misrepresentation, or concealment;
   72  or is no longer eligible under this section.
   73         (f) Fingerprints of applicants shall be taken in a manner
   74  approved by the department and submitted to the Department of
   75  Law Enforcement and the Federal Bureau of Investigation for a
   76  criminal records check upon initial application and every 5
   77  years thereafter. The department may by rule require an annual
   78  records check of renewal applications. The cost of processing
   79  fingerprints and conducting a records check shall be paid by the
   80  applicant.
   81         (4)A license, permit, registration, or other authorization
   82  to operate an amusement arcade may not be issued by a local
   83  government to any person who is not licensed pursuant to this
   84  section.
   85         (5)The following are exempt from the provisions of this
   86  section:
   87         (a) A retail dealer who operates as a truck stop pursuant
   88  to s. 849.161(1) and (2).
   89         (b) An amusement arcade that exchanges points or coupons
   90  received for merchandise on its premises only, excluding
   91  alcohol, gift cards, or gift certificates.
   92         (6)A person who operates an amusement arcade in violation
   93  of this section commits a misdemeanor of the first degree,
   94  punishable as provided in s. 775.082 or s. 775.083.
   95         (7)(a)An amusement arcade shall pay a tax of 4 percent of
   96  monthly gross receipts to the Department of Revenue in lieu of
   97  any sales or use tax, but is not required to obtain an annual
   98  amusement machine certificate for each machine. Proceeds from
   99  the tax shall be deposited into the General Revenue Fund.
  100         (b)1.A licensee shall pay the gross receipts tax by the
  101  5th day of each month for the preceding month, with an attached
  102  report, under oath, providing a breakdown of the receipts and
  103  taxes due and any other information required by the department.
  104         2. A licensee who violates this subsection is subject to a
  105  civil penalty not to exceed $1,000 for each day the tax payment
  106  is not remitted. All penalties collected shall be deposited into
  107  the General Revenue Fund. The department may suspend or revoke
  108  the license or deny issuance of any renewal license to a
  109  licensee who does not pay any penalty imposed.
  110         (8)Each licensee shall maintain permanent daily records of
  111  its operations, as determined by department rule, for at least 3
  112  years. The records shall include all financial transactions in
  113  sufficient detail to determine compliance with the requirements
  114  of this section. The records shall be made available for audit
  115  and inspection by the department or other law enforcement
  116  agencies during the licensee’s regular business hours.
  117         (9)The department shall administer this section and may:
  118         (a) Adopt rules, including rules relating to the issuance
  119  of licenses and the operation of amusement arcades,
  120  recordkeeping and reporting requirements, and the collection of
  121  fees and taxes imposed by this section;
  122         (b) Conduct investigations and monitor the operation of
  123  amusement arcades and the playing of authorized games at such
  124  arcades;
  125         (c) Review the books, accounts, and records of amusement
  126  arcades;
  127         (d) Suspend or revoke a license or permit, after hearing,
  128  for any violation of this section or rules adopted hereunder;
  129  and
  130         (e) Monitor and ensure the collection of taxes and fees
  131  imposed by this section.
  132         (10)(a) A licensee may not conduct any amusement game
  133  unless it is specifically authorized by this section.
  134         (b) The following activities are prohibited in amusement
  135  arcades:
  136         1. Machines or devices, as provided in s. 849.16, except as
  137  authorized by this section;
  138         2.A lottery, as provided in s. 849.09;
  139         3. Bingo games, unless they comply with s. 849.0931;
  140         4. Drawings by chance, unless specifically authorized by s.
  141  849.0935, or unless consideration is not required to participate
  142  in a drawing;
  143         5. Game promotions, unless they comply with s. 849.094,
  144  including compliance with the requirement that the consumer
  145  product or service sold in connection with a sweepstakes is
  146  intended to be used by the consumer; and
  147         6. Any game offered for play on a computer terminal through
  148  a server regardless of whether other Internet sites are
  149  available to be accessed.
  150         Section 2. This act shall take effect July 1, 2010.