Senate Bill sb0228e1
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SB 228 First Engrossed
1 A bill to be entitled
2 An act relating to pari-mutuel wagering;
3 requiring dogracing permitholders to provide a
4 greyhound-adoption booth at each dogracing
5 facility in the state; requiring that the booth
6 be operated by certain qualified persons on
7 weekends; requiring that information concerning
8 the adoption of a greyhound be made available
9 to the public at the facility; requiring the
10 permitholder to provide adoption information in
11 racing programs and to identify greyhounds that
12 will become available for adoption; authorizing
13 the permitholder to hold an additional charity
14 day that is designated as "Greyhound
15 Adopt-A-Pet Day"; requiring that profits
16 derived from the charity day be used to fund
17 activities promoting the adoption of
18 greyhounds; authorizing the Division of
19 Pari-mutuel Wagering within the Department of
20 Business and Professional Regulation to adopt
21 rules; providing penalties; amending s.
22 550.1647, F.S., relating to unclaimed tickets
23 and breaks with respect to greyhound racing;
24 defining the term "bona fide organization that
25 promotes or encourages the adoption of
26 greyhounds"; amending s. 550.26165, F.S.;
27 revising criteria for making breeders' awards
28 for racehorses; amending s. 550.2625, F.S.;
29 providing for payment of special racing awards;
30 amending s. 550.5251, F.S.; authorizing a
31 thoroughbred racing permitholder to operate a
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SB 228 First Engrossed
1 cardroom; amending s. 849.086, F.S.; redefining
2 the term "authorized game"; providing for
3 certain permitholders to amend the annual
4 application to include operation of a cardroom;
5 providing requirements for a harness
6 permitholder to operate a cardroom; clarifying
7 requirements for the license fee; revising
8 certain restrictions on the hours that a
9 cardroom may be operated; authorizing the
10 cardroom operator to limit the amount wagered;
11 providing certain restrictions with respect to
12 the amount of bets and the number of raises in
13 a round of betting; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Greyhound adoptions.--
19 (1) Each dogracing permitholder operating a dogracing
20 facility in this state shall provide for a greyhound-adoption
21 booth to be located at the facility. The greyhound-adoption
22 booth must be operated on weekends by personnel or volunteers
23 from a bona fide organization that promotes or encourages the
24 adoption of greyhounds pursuant to section 550.1647, Florida
25 Statutes. As used in this section, the term "weekend" includes
26 the hours during which live greyhound racing is conducted on
27 Friday, Saturday, or Sunday. Information pamphlets and
28 application forms shall be provided to the public upon
29 request. In addition, the kennel operator or owner shall
30 notify the permitholder that a greyhound is available for
31 adoption and the permitholder shall provide information
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SB 228 First Engrossed
1 concerning the adoption of a greyhound in each race program
2 and shall post adoption information at conspicuous locations
3 throughout the dogracing facility. Any greyhound that is
4 participating in a race and that will be available for future
5 adoption must be noted in the race program. The permitholder
6 shall allow greyhounds to be walked through the track facility
7 to publicize the greyhound-adoption program.
8 (2) In addition to the charity days authorized under
9 section 550.0351, Florida Statutes, a greyhound permitholder
10 may fund the greyhound-adoption program by holding a charity
11 racing day designated as "Greyhound Adopt-A-Pet Day." All
12 profits derived from the operation of the charity day must be
13 placed into a fund used to support activities at the racing
14 facility which promote the adoption of greyhounds. The
15 division may adopt rules for administering the fund. Proceeds
16 from the charity day authorized in this subsection may not be
17 used as a source of funds for the purposes set forth in
18 section 550.1647, Florida Statutes.
19 (3)(a) Upon a violation of this section by a
20 permitholder or licensee, the division may impose a penalty as
21 provided in section 550.0251(10), Florida Statutes, and
22 require the permitholder to take corrective action.
23 (b) A penalty imposed under section 550.0251(10),
24 Florida Statutes, does not exclude a prosecution for cruelty
25 to animals or for any other criminal act.
26 Section 2. Section 550.1647, Florida Statutes, is
27 amended to read:
28 550.1647 Greyhound permitholders; unclaimed tickets;
29 breaks.--All money or other property represented by any
30 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
31 remained in the custody of or under the control of any
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SB 228 First Engrossed
1 permitholder authorized to conduct greyhound racing
2 pari-mutuel pools in this state for a period of 1 year after
3 the date the pari-mutuel ticket was issued, if the rightful
4 owner or owners thereof have made no claim or demand for such
5 money or other property within that period of time, shall,
6 with respect to live races conducted by the permitholder, be
7 remitted to the state pursuant to s. 550.1645; however, such
8 permitholder shall be entitled to a credit in each state
9 fiscal year in an amount equal to the actual amount remitted
10 in the prior state fiscal year which may be applied against
11 any taxes imposed pursuant to this chapter. In addition, each
12 permitholder shall pay, from any source, including the
13 proceeds from performances conducted pursuant to s. 550.0351,
14 an amount not less than 10 percent of the amount of the credit
15 provided by this section to any bona fide organization that
16 promotes or encourages the adoption of greyhounds. As used in
17 this section, the term "bona fide organization that promotes
18 or encourages the adoption of greyhounds" means any
19 organization that provides evidence of compliance with chapter
20 496 and possesses a valid exemption from federal taxation
21 issued by the Internal Revenue Service. Such bona fide
22 organization, as a condition of adoption, must provide
23 sterilization of greyhounds by a licensed veterinarian before
24 relinquishing custody of the greyhound to the adoptor. The fee
25 for sterilization may be included in the cost of adoption.
26 Section 3. Subsections (1) and (2) of section
27 550.26165, Florida Statutes, are amended to read:
28 550.26165 Breeders' awards.--
29 (1) The purpose of this section is to encourage the
30 agricultural activity of breeding and training racehorses in
31 this state. Moneys dedicated in this chapter for use as
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SB 228 First Engrossed
1 breeders' awards and stallion awards are to be used for awards
2 to breeders of registered Florida-bred horses winning
3 horseraces and for similar awards to the owners of stallions
4 who sired Florida-bred horses winning stakes races, if the
5 stallions are registered as Florida stallions standing in this
6 state. Such awards shall be given at a uniform rate to all
7 winners of the awards, shall not be greater than 20 percent of
8 the announced gross purse, and shall not be less than 15
9 percent of the announced gross purse if funds are available.
10 In addition, no less than 17 percent nor more than 40 percent,
11 as determined by the Florida Thoroughbred Breeders'
12 Association, of the moneys dedicated in this chapter for use
13 as breeders' awards and stallion awards for thoroughbreds
14 shall be returned pro rata to the permitholders that generated
15 the moneys for special racing awards to be distributed by the
16 permitholders to owners of registered Florida-bred
17 thoroughbred horses participating winning in prescribed
18 thoroughbred stakes races, nonstakes races, or both and
19 winning or placing in thoroughbred stakes races, all in
20 accordance with a written agreement establishing the rate,
21 procedure, and eligibility requirements for such awards
22 entered into plan established annually no later than 120 days
23 before the first day of the permitholders' racing meet and
24 agreed upon by the permitholder, the Florida Thoroughbred
25 Breeders' Association, and the Florida Horsemen's Benevolent
26 and Protective Association, Inc., except that the plan for the
27 distribution by any permitholder located in the area described
28 in s. 550.615(9) shall be agreed upon by that permitholder,
29 the Florida Thoroughbred Breeders' Association, and the
30 association representing a majority of the thoroughbred
31 racehorse owners and trainers at that location. Awards for
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SB 228 First Engrossed
1 thoroughbred races are to be paid through the Florida
2 Thoroughbred Breeders' Association, and awards for
3 standardbred races are to be paid through the Florida
4 Standardbred Breeders and Owners Association. Among other
5 sources specified in this chapter, moneys for thoroughbred
6 breeders' awards will come from the 0.955 percent of handle
7 for thoroughbred races conducted, received, broadcast, or
8 simulcast under this chapter as provided in s. 550.2625(3).
9 The moneys for quarter horse and harness breeders' awards will
10 come from the breaks and uncashed tickets on live quarter
11 horse and harness racing performances and 1 percent of handle
12 on intertrack wagering. The funds for these breeders' awards
13 shall be paid to the respective breeders' associations by the
14 permitholders conducting the races.
15 (2) Each breeders' association shall develop a plan
16 each year that will provide for a uniform rate of payment and
17 procedure for breeders' and stallion awards payment. The plan
18 for payment of breeders' and stallion awards may set a cap on
19 winnings and may limit, exclude, or defer payments on to
20 certain classes of races, such as the Florida stallion stakes
21 races, in order to assure that there are adequate revenues to
22 meet the proposed uniform rate. Priority shall be placed on
23 imposing such restrictions in lieu of allowing the uniform
24 rate for breeders' and stallion awards to be less than 15
25 percent of the total purse payment. The plan must provide for
26 the maximum possible payments within revenues.
27 Section 4. Subsection (3) of section 550.2625, Florida
28 Statutes, is amended to read:
29 550.2625 Horseracing; minimum purse requirement,
30 Florida breeders' and owners' awards.--
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SB 228 First Engrossed
1 (3) Each horseracing permitholder conducting any
2 thoroughbred race under this chapter, including any intertrack
3 race taken pursuant to ss. 550.615-550.6305 or any interstate
4 simulcast taken pursuant to s. 550.3551(3) shall pay a sum
5 equal to 0.955 percent on all pari-mutuel pools conducted
6 during any such race for the payment of breeders', and
7 stallion, or special racing awards as authorized in this
8 chapter section. This subsection also applies to all
9 Breeder's Cup races conducted outside this state taken
10 pursuant to s. 550.3551(3). On any race originating live in
11 this state which is broadcast out-of-state to any location at
12 which wagers are accepted pursuant to s. 550.3551(2), the host
13 track is required to pay 3.475 percent of the gross revenue
14 derived from such out-of-state broadcasts as breeders', and
15 stallion, or special racing awards. The Florida Thoroughbred
16 Breeders' Association is authorized to receive these payments
17 from the permitholders and make payments of awards earned.
18 The Florida Thoroughbred Breeders' Association has the right
19 to withhold up to 10 percent of the permitholder's payments
20 under this section as a fee for administering the payments of
21 awards and for general promotion of the industry. The
22 permitholder shall remit these payments to the Florida
23 Thoroughbred Breeders' Association by the 5th day of each
24 calendar month for such sums accruing during the preceding
25 calendar month and shall report such payments to the division
26 as prescribed by the division. With the exception of the
27 10-percent fee, the moneys paid by the permitholders shall be
28 maintained in a separate, interest-bearing account, and such
29 payments together with any interest earned shall be used
30 exclusively for the payment of breeders', awards and stallion,
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SB 228 First Engrossed
1 or special racing awards in accordance with the following
2 provisions:
3 (a) The breeder of each Florida-bred thoroughbred
4 horse winning a thoroughbred horse race is entitled to an
5 award of up to, but not exceeding, 20 percent of the announced
6 gross purse, including nomination fees, eligibility fees,
7 starting fees, supplementary fees, and moneys added by the
8 sponsor of the race.
9 (b) The owner or owners of the sire of a Florida-bred
10 thoroughbred horse that wins a stakes race is entitled to a
11 stallion award of up to, but not exceeding, 20 percent of the
12 announced gross purse, including nomination fees, eligibility
13 fees, starting fees, supplementary fees, and moneys added by
14 the sponsor of the race.
15 (c) The owners of registered Florida-bred thoroughbred
16 horses participating winning or placing in thoroughbred stakes
17 races, nonstakes races, or both may receive a special racing
18 an award in accordance with the agreement a plan established
19 pursuant to in s. 550.26165(1).
20 (d) In order for a breeder of a Florida-bred
21 thoroughbred horse to be eligible to receive a breeder's
22 award, or for the owners of a registered Florida-bred
23 thoroughbred horse to be eligible to receive an award under
24 paragraph (c), the horse must have been registered as a
25 Florida-bred horse with the Florida Thoroughbred Breeders'
26 Association, and the Jockey Club certificate for the horse
27 must show that it has been duly registered as a Florida-bred
28 horse as evidenced by the seal and proper serial number of the
29 Florida Thoroughbred Breeders' Association registry. The
30 Florida Thoroughbred Breeders' Association shall be permitted
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SB 228 First Engrossed
1 to charge the registrant a reasonable fee for this
2 verification and registration.
3 (e) In order for an owner of the sire of a
4 thoroughbred horse winning a stakes race to be eligible to
5 receive a stallion award, the stallion must have been
6 registered with the Florida Thoroughbred Breeders'
7 Association, and the breeding of the registered Florida-bred
8 horse must have occurred in this state. The stallion must be
9 standing permanently in this state during the period of time
10 between February 1 and June 15 of each year or, if the
11 stallion is dead, must have stood permanently in this state
12 for a period of not less than 1 year immediately prior to its
13 death. The removal of a stallion from this state during the
14 period of time between February 1 and June 15 of any year for
15 any reason, other than exclusively for prescribed medical
16 treatment, as approved by the Florida Thoroughbred Breeders'
17 Association, renders the owner or owners of the stallion
18 ineligible to receive a stallion award under any circumstances
19 for offspring sired prior to removal; however, if a removed
20 stallion is returned to this state, all offspring sired
21 subsequent to the return make the owner or owners of the
22 stallion eligible for the stallion award but only for those
23 offspring sired subsequent to such return to this state. The
24 Florida Thoroughbred Breeders' Association shall maintain
25 complete records showing the date the stallion arrived in this
26 state for the first time, whether or not the stallion remained
27 in the state permanently, the location of the stallion, and
28 whether the stallion is still standing in this state and
29 complete records showing awards earned, received, and
30 distributed. The association may charge the owner, owners, or
31 breeder a reasonable fee for this service.
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SB 228 First Engrossed
1 (f) A permitholder conducting a thoroughbred horse
2 race under the provisions of this chapter shall, within 30
3 days after the end of the race meet during which the race is
4 conducted, certify to the Florida Thoroughbred Breeders'
5 Association such information relating to the thoroughbred
6 horses winning a stakes or other horserace at the meet as may
7 be required to determine the eligibility for payment of
8 breeders', awards and stallion, and special racing awards.
9 (g) The Florida Thoroughbred Breeders' Association
10 shall maintain complete records showing the starters and
11 winners in all races conducted at thoroughbred tracks in this
12 state; shall maintain complete records showing awards earned,
13 received, and distributed; and may charge the owner, owners,
14 or breeder a reasonable fee for this service.
15 (h) The Florida Thoroughbred Breeders' Association
16 shall annually establish a uniform rate and procedure for the
17 payment of breeders' and stallion awards and shall make
18 breeders' and stallion award payments in strict compliance
19 with the established uniform rate and procedure plan. The
20 plan may set a cap on winnings and may limit, exclude, or
21 defer payments to certain classes of races, such as the
22 Florida stallion stakes races, in order to assure that there
23 are adequate revenues to meet the proposed uniform rate. Such
24 plan must include proposals for the general promotion of the
25 industry. Priority shall be placed upon imposing such
26 restrictions in lieu of allowing the uniform rate to be less
27 than 15 percent of the total purse payment. The uniform rate
28 and procedure plan must be approved by the division before
29 implementation. In the absence of an approved plan and
30 procedure, the authorized rate for breeders' and stallion
31 awards is 15 percent of the announced gross purse for each
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SB 228 First Engrossed
1 race. Such purse must include nomination fees, eligibility
2 fees, starting fees, supplementary fees, and moneys added by
3 the sponsor of the race. If the funds in the account for
4 payment of breeders' and stallion awards are not sufficient to
5 meet all earned breeders' and stallion awards, those breeders
6 and stallion owners not receiving payments have first call on
7 any subsequent receipts in that or any subsequent year.
8 (i) The Florida Thoroughbred Breeders' Association
9 shall keep accurate records showing receipts and disbursements
10 of such payments and shall annually file a full and complete
11 report to the division showing such receipts and disbursements
12 and the sums withheld for administration. The division may
13 audit the records and accounts of the Florida Thoroughbred
14 Breeders' Association to determine that payments have been
15 made to eligible breeders and stallion owners in accordance
16 with this section.
17 (j) If the division finds that the Florida
18 Thoroughbred Breeders' Association has not complied with any
19 provision of this section, the division may order the
20 association to cease and desist from receiving funds and
21 administering funds received under this section. If the
22 division enters such an order, the permitholder shall make the
23 payments authorized in this section to the division for
24 deposit into the Pari-mutuel Wagering Trust Fund; and any
25 funds in the Florida Thoroughbred Breeders' Association
26 account shall be immediately paid to the Division of
27 Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
28 Trust Fund. The division shall authorize payment from these
29 funds to any breeder or stallion owner entitled to an award
30 that has not been previously paid by the Florida Thoroughbred
31 Breeders' Association in accordance with the applicable rate.
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SB 228 First Engrossed
1 Section 5. Subsection (4) of section 550.5251, Florida
2 Statutes, is amended to read:
3 550.5251 Florida thoroughbred racing; certain permits;
4 operating days.--
5 (4) A thoroughbred racing permitholder may not begin
6 any race later than 7 p.m. However, Any thoroughbred
7 permitholder in a county in which the authority for cardrooms
8 has been approved by the board of county commissioners may
9 elect not to operate a cardroom and, when conducting live
10 races during its current race meet, may and instead to receive
11 and rebroadcast out-of-state races after the hour of 7 p.m. on
12 any day during which the permitholder conducts live races.
13 However, such permitholder may not engage in both operating a
14 cardroom and receiving or rebroadcasting out-of-state races
15 after 7 p.m. Permitholders shall be required to elect between
16 either operating a cardroom or engaging in simulcasting after
17 7 p.m. at the time of submitting its application for its
18 annual license pursuant to this section.
19 Section 6. Paragraph (a) of subsection (2),
20 subsections (5), (7), and (8), and paragraphs (a) and (d) of
21 subsection (13) of section 849.086, Florida Statutes, are
22 amended to read:
23 849.086 Cardrooms authorized.--
24 (2) DEFINITIONS.--As used in this section:
25 (a) "Authorized game games" means a game or series of
26 games of poker only those games authorized by s. 849.085(2)(a)
27 and which are played in a nonbanking manner.
28 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person
29 may operate a cardroom in this state unless such person holds
30 a valid cardroom license issued pursuant to this section.
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SB 228 First Engrossed
1 (a) Only those persons holding a valid cardroom
2 license issued by the division may operate a cardroom. A
3 cardroom license may only be issued to a licensed pari-mutuel
4 permitholder and an authorized cardroom may only be operated
5 at the same facility at which the permitholder is authorized
6 under its valid pari-mutuel wagering permit to conduct
7 pari-mutuel wagering activities. Cardroom licenses are not
8 transferable.
9 (b) After the initial cardroom license is granted, the
10 application for the annual license renewal shall be made in
11 conjunction with the applicant's annual application for its
12 pari-mutuel license. If a permitholder has operated a cardroom
13 during any of the 3 previous fiscal years and fails to include
14 a renewal request for the operation of the cardroom in its
15 annual application for license renewal, the permitholder may
16 amend its annual application to include operation of the
17 cardroom. In order for a cardroom license to be renewed the
18 applicant must have requested, as part of its pari-mutuel
19 annual license application, to conduct at least 90 percent of
20 the total number of live performances conducted by such
21 permitholder during either the state fiscal year in which its
22 initial cardroom license was issued or the state fiscal year
23 immediately prior thereto. If the application is for a harness
24 permitholder cardroom, the applicant must have requested
25 authorization to conduct a minimum of 140 live performances
26 during the state fiscal year immediately prior thereto. If
27 more than one permitholder is operating at a facility, each
28 permitholder must have applied for a license to conduct a full
29 schedule of live racing.
30 (c) Persons seeking a license or a renewal thereof to
31 operate a cardroom shall make application on forms prescribed
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SB 228 First Engrossed
1 by the division. Applications for cardroom licenses shall
2 contain all of the information the division, by rule, may
3 determine is required to ensure eligibility.
4 (d) The annual cardroom license fee for each facility
5 shall be $1,000 for the first table and $500 for each
6 additional table to be operated at the cardroom. This license
7 fee shall be deposited by the division with the Treasurer to
8 the credit of the Pari-mutuel Wagering Trust Fund.
9 (7) CONDITIONS FOR OPERATING A CARDROOM.--
10 (a) A cardroom may only be operated only at the
11 location specified on the cardroom license issued by the
12 division, and such location may only be the location at which
13 the pari-mutuel permitholder is authorized to conduct
14 pari-mutuel wagering activities pursuant to such
15 permitholder's valid pari-mutuel permit or as otherwise
16 authorized by law and current license.
17 (b) A cardroom may be operated at the facility only
18 when the facility is authorized to accept wagers on
19 pari-mutuel events during its authorized meet. A cardroom may
20 operate between the hours of 12 noon and 12 midnight on any
21 day a pari-mutuel event is conducted live as a part of its
22 authorized meet. However, a permitholder who holds a valid
23 cardroom license may operate a cardroom between the hours of
24 12 noon and 12 midnight on any day that live racing of the
25 same class of permit is occurring within 35 miles of its
26 facility if no other holder of that same class of permit
27 within 35 miles is operating a cardroom at such time and if
28 all holders of the same class of permit within the 35-mile
29 area have given their permission in writing to the
30 permitholder to operate the cardroom during the designated
31 period. Application to operate a cardroom under this paragraph
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SB 228 First Engrossed
1 must be made to the division as part of the annual license
2 application. begin operations within 2 hours prior to the post
3 time of the first pari-mutuel event conducted live at the
4 pari-mutuel facility on which wagers are accepted and must
5 cease operations within 2 hours after the conclusion of the
6 last pari-mutuel event conducted live at the pari-mutuel
7 facility on which wagers are accepted.
8 (c) A cardroom operator must at all times employ and
9 provide a nonplaying dealer for each table on which authorized
10 card games which traditionally utilize a dealer are conducted
11 at the cardroom. Such dealers may not have any participatory
12 interest in any game other than the dealing of cards and may
13 not have an interest in the outcome of the game. The
14 providing of such dealers by a licensee shall not be construed
15 as constituting the conducting of a banking game by the
16 cardroom operator.
17 (d) Each cardroom operator shall conspicuously post
18 upon the premises of the cardroom a notice which contains a
19 copy of the cardroom license; a list of authorized games
20 offered by the cardroom; the wagering limits imposed by the
21 house, if any; any additional house rules regarding operation
22 of the cardroom or the playing of any game; and all costs to
23 players to participate, including any rake by the house. In
24 addition, each cardroom operator shall post at each table a
25 notice of the minimum and maximum bets authorized at such
26 table and the fee for participation in the game conducted.
27 (e) The cardroom facility shall be subject to
28 inspection by the division or any law enforcement agency
29 during the licensee's regular business hours. The inspection
30 will specifically encompass the permitholder internal control
31 procedures approved by the division.
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SB 228 First Engrossed
1 (f) A cardroom operator may refuse entry to or refuse
2 to allow to play any person who is objectionable, undesirable,
3 or disruptive, but such refusal shall not be on the basis of
4 race, creed, color, religion, sex, national origin, marital
5 status, physical handicap, or age, except as provided in this
6 section.
7 (8) METHOD OF WAGERS; LIMITATION.--
8 (a) No wagering may be conducted using money or other
9 negotiable currency. Games may only be played utilizing a
10 wagering system whereby all players' money is first converted
11 by the house to tokens or chips which shall be used for
12 wagering only at that specific cardroom.
13 (b) The cardroom operator may limit the amount wagered
14 in any game or series of games, but the maximum bet winnings
15 of any player in a single round, hand, or game may not exceed
16 $2 $10 in value. There may not be more than three raises in
17 any round of betting. The fee charged by the cardroom for
18 participation in the game shall not be included in the
19 calculation of the limitation on the bet amount pot size
20 provided in this paragraph.
21 (13) TAXES AND OTHER PAYMENTS.--
22 (a) Each cardroom operator shall pay a tax to the
23 state of 10 percent of the cardroom operation's monthly gross
24 receipts.
25 (d) Each greyhound and jai alai permitholder that
26 which operates a cardroom facility shall use utilize at least
27 4 percent of such permitholder's cardroom monthly gross
28 receipts to supplement greyhound purses or jai alai prize
29 money, respectively, during the permitholder's next ensuing
30 pari-mutuel meet. Each thoroughbred and harness horse racing
31 permitholder that which operates a cardroom facility shall use
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SB 228 First Engrossed
1 utilize at least 50 percent of such permitholder's cardroom
2 monthly net proceeds as follows: 47 percent to supplement
3 purses and 3 percent to supplement breeders' awards during the
4 permitholder's next ensuing racing meet.
5 Section 7. This act shall take effect July 1, 2003.
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