Senate Bill sb0104

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    Florida Senate - 2001                                   SB 104

    By Senator Geller





    29-113-01

  1                      A bill to be entitled

  2         An act relating to the operation of cardrooms;

  3         amending s. 849.086, F.S.; prescribing

  4         licensing requirements when more than one

  5         permitholder uses the same facility; providing

  6         cardroom license fees; revising standards on

  7         when cardrooms may be operated and the amount

  8         of bets allowable for each round, hand, or

  9         game; authorizing facilities to award prizes;

10         revising the rate of the gross receipts tax on

11         admissions; revising the amount of cardroom

12         receipts that must be used to supplement

13         greyhound and jai alai purses; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Paragraphs (b) and (d) of subsection (5),

19  subsections (7) and (8), and paragraphs (a) and (d) of

20  subsection (13) of section 849.086, Florida Statutes, are

21  amended to read:

22         849.086  Cardrooms authorized.--

23         (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person

24  may operate a cardroom in this state unless such person holds

25  a valid cardroom license issued pursuant to this section.

26         (b)  After the initial cardroom license is granted, the

27  application for the annual license renewal shall be made in

28  conjunction with the applicant's annual application for its

29  pari-mutuel license.  In order for a cardroom license to be

30  renewed the applicant must have requested, as part of its

31  pari-mutuel annual license application, to conduct at least 90

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    Florida Senate - 2001                                   SB 104
    29-113-01




  1  percent of the total number of live performances conducted by

  2  such permitholder during either the state fiscal year in which

  3  its initial cardroom license was issued or the state fiscal

  4  year immediately prior thereto, or, if more than one

  5  permitholder is operating at a facility, each of the

  6  permitholders must have applied for a license to conduct a

  7  full schedule of live racing.

  8         (d)  The annual cardroom license fee for each facility

  9  shall be $1,000 for the first table and $500 for each

10  additional table to be operated at the cardroom.  This license

11  fee shall be deposited by the division with the Treasurer to

12  the credit of the Pari-mutuel Wagering Trust Fund.

13         (7)  CONDITIONS FOR OPERATING A CARDROOM.--

14         (a)  A cardroom may only be operated at the location

15  specified on the cardroom license issued by the division, and

16  such location may only be the location at which the

17  pari-mutuel permitholder is authorized to conduct pari-mutuel

18  wagering activities pursuant to such permitholder's valid

19  pari-mutuel permit and current license.

20         (b)  A cardroom may be operated at the facility only

21  when the facility is authorized to accept wagers on

22  pari-mutuel events during its authorized meet.  A cardroom may

23  begin operations within 2 hours prior to the post time of the

24  first pari-mutuel event conducted live at the pari-mutuel

25  facility on which wagers are accepted by the facility and must

26  cease operations by 2 a.m. on the following day within 2 hours

27  after the conclusion of the last pari-mutuel event conducted

28  live at the pari-mutuel facility on which wagers are accepted.

29         (c)  A cardroom operator must at all times employ and

30  provide a nonplaying dealer for each table on which authorized

31  card games which traditionally utilize a dealer are conducted

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    Florida Senate - 2001                                   SB 104
    29-113-01




  1  at the cardroom.  Such dealers may not have any participatory

  2  interest in any game other than the dealing of cards and may

  3  not have an interest in the outcome of the game.  The

  4  providing of such dealers by a licensee shall not be construed

  5  as constituting the conducting of a banking game by the

  6  cardroom operator.

  7         (d)  A facility that operates a cardroom may award

  8  giveaways or prizes to players who hold combinations of cards

  9  specified by the cardroom operator.

10         (e)(d)  Each cardroom operator shall conspicuously post

11  upon the premises of the cardroom a notice which contains a

12  copy of the cardroom license; a list of authorized games

13  offered by the cardroom; the wagering limits imposed by the

14  house, if any; any additional house rules regarding operation

15  of the cardroom or the playing of any game; and all costs to

16  players to participate, including any rake by the house.  In

17  addition, each cardroom operator shall post at each table a

18  notice of the minimum and maximum bets authorized at such

19  table and the fee for participation in the game conducted.

20         (f)(e)  The cardroom facility shall be subject to

21  inspection by the division or any law enforcement agency

22  during the licensee's regular business hours.  The inspection

23  will specifically encompass the permitholder internal control

24  procedures approved by the division.

25         (g)(f)  A cardroom operator may refuse entry to or

26  refuse to allow to play any person who is objectionable,

27  undesirable, or disruptive, but such refusal shall not be on

28  the basis of race, creed, color, religion, sex, national

29  origin, marital status, physical handicap, or age, except as

30  provided in this section.

31         (8)  METHOD OF WAGERS; LIMITATION.--

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  1         (a)  No wagering may be conducted using money or other

  2  negotiable currency.  Games may only be played utilizing a

  3  wagering system whereby all players' money is first converted

  4  by the house to tokens or chips which shall be used for

  5  wagering only at that specific cardroom.

  6         (b)  The cardroom operator may limit the amount wagered

  7  in any game or series of games, but the maximum bet The

  8  winnings of any player in a single round, hand, or game may

  9  not exceed $2 $10 in value. There may be no more than three

10  raises in any round of betting. The fee charged by the

11  cardroom for participation in the game shall not be included

12  in the calculation of the limitation on the bet pot size

13  provided in this paragraph.

14         (13)  TAXES AND OTHER PAYMENTS.--

15         (a)  Each cardroom operator shall pay a tax to the

16  state of 2 10 percent of the cardroom operation's monthly

17  gross receipts.

18         (d)  Each greyhound and jai alai permitholder that

19  which operates a cardroom facility shall utilize at least 10 4

20  percent of such permitholder's cardroom monthly gross receipts

21  to supplement greyhound purses or jai alai prize money,

22  respectively, during the permitholder's next ensuing

23  pari-mutuel meet.  Each thoroughbred and harness horse racing

24  permitholder that which operates a cardroom facility shall

25  utilize at least 50 percent of such permitholder's cardroom

26  monthly net proceeds as follows:  47 percent to supplement

27  purses and 3 percent to supplement breeders' awards during the

28  permitholder's next ensuing racing meet.

29         Section 2.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                   SB 104
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  2                          SENATE SUMMARY

  3    Authorizes pari-mutuel facilities to operate cardrooms at
      any time during which wagers are accepted by those
  4    facilities, regardless of whether they are conducting
      live pari-mutuel events. Decreases the maximum amount a
  5    player may bet in any one round, hand, or game from $10
      to $2, with no more than three raises permitted in any
  6    round of betting. Authorizes facilities to award prizes
      to players. Reduces the gross receipts tax on admissions
  7    from 10 percent to 2 percent. Increases, to 10 percent of
      the monthly gross receipts, the amount of cardroom
  8    proceeds which a permitholder must use to supplement
      greyhound or jai alai purses. Provides license fees and
  9    licensing requirements when more than one permitholder
      uses the same facility.
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