Amendment
Bill No. 1531
Amendment No. 798201
CHAMBER ACTION
Senate House
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1Representative Greenstein offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause, and insert:
5     Section 1.  Section 849.161, Florida Statutes, is amended
6to read:
7     849.161  Amusement games or machines; when chapter
8inapplicable.--
9     (1)(a)1.  Nothing contained in this chapter shall be taken
10or construed as applicable to an arcade amusement center having
11amusement games or machines not proscribed by ss. 849.15 and
12849.16 which operate by means of the insertion of a coin or
13electronic token and which, solely by application of skill, may
14entitle the person playing or operating the game or machine to
15receive points or coupons which may be exchanged for merchandise
16only, excluding cash, and alcoholic beverages, tobacco products,
17or coupons redeemable for cash, alcoholic beverages, or tobacco
18products, provided the cost value of the merchandise or prize
19awarded in exchange for such points or coupons does not exceed
2075 cents on any game played. All points or coupons received by a
21player may be exchanged for the specific product only at the
22same business location where the game or machine operated by the
23player is located. No points or coupons received by a player may
24be exchanged for any gift certificate, mail order certificate,
25or similar conveyance that is redeemable at another business
26location or deliverable from a location other than where the
27arcade amusement center is located.
28     2.  Nothing contained in this chapter shall be taken or
29construed as applicable to any retail dealer who operates as a
30truck stop, as defined in chapter 336 and which operates a
31minimum of 6 functional diesel fuel pumps, having amusement
32games or machines which operate by means of the insertion of a
33coin, electronic token, or other currency and which by
34application of skill may entitle the person playing or operating
35the game or machine to receive points or coupons which may be
36exchanged for merchandise limited to noncash prizes, toys,
37novelties, and Florida Lottery products, excluding alcoholic
38beverages, provided the cost value of the merchandise or prize
39awarded in exchange for such points or coupons does not exceed
4075 cents on any game played. This subparagraph applies only to
41games and machines which are operated for the entertainment of
42the general public and tourists as bona fide amusement games or
43machines. This subsection shall not apply, however, to any game
44or device defined as a gambling device in chapter 24 of Title 15
45U.S.C. under s. 1171, which requires identification of each
46device by permanently affixing seriatim numbering and name,
47trade name, and date of manufacture under s. 1173, and
48registration with the United States Attorney General, unless
49excluded from applicability of the chapter under s. 1178. This
50subsection shall not be construed to authorize video poker games
51or any other game or machine that may be construed as a gambling
52device under Florida law.
53     3.  This chapter does not apply to any children's amusement
54center having amusement games that operate by means of the
55insertion of a coin or other currency or other token and that
56may entitle the person operating the game or machine to receive
57points or coupons that may be exchanged for noncash prizes,
58toys, or novelties for children under the age of 14 years. As
59used in this subparagraph, the term "children's amusement
60center" means a place of business, the general concept or theme
61of which is the amusement or entertainment of children under the
62age of 14 years and that operates coin-operated amusement games
63and machines in which the majority of such games or machines are
64for the use or operation by children under the age of 14 years.
65The term does not include any business that allows the use of
66video poker games or any other game or device classified as a
67gambling device in chapter 24 of Title 15 U.S.C under s. 1171
68unless excluded from these requirements under subsection (2) or
69(3) of s. 1178. Points or coupons received by a player may be
70exchanged only at the same business or franchise thereof. Points
71or coupons received by a player may not be exchanged for any
72credit card, gift certificate, or similar conveyance, or for
73cash, alcoholic beverages, tobacco products, or coupons
74redeemable for cash, alcoholic beverages, or tobacco products.
75     (b)  Nothing in this subsection shall be taken or construed
76as applicable to a coin-operated or electronic token operated
77game or device designed and manufactured only for bona fide
78amusement purposes and not proscribed by ss. 849.15 and 849.16,
79which game or device may, solely by application of skill,
80entitle the player to replay the game or device at no additional
81cost, if the game or device: can accumulate and react to no more
82than 15 free replays; can be discharged of accumulated free
83replays only by reactivating the game or device for one
84additional play for such accumulated free replay; can make no
85permanent record, directly or indirectly, of free replays; and
86is not classified by the United States as a gambling device in
87chapter 24 of Title 15 U.S.C. under s. 1171, which requires
88identification of each device by permanently affixing seriatim
89numbering and name, trade name, and date of manufacture under s.
901173, and registration with the United States Attorney General,
91unless excluded from applicability of the chapter under s. 1178.
92This subsection shall not be construed to authorize video poker
93games, or any other game or machine that may be construed as a
94gambling device under Florida law.
95     (c)  Nothing in this subsection with respect to arcade
96amusement centers shall be taken or construed to abrogate or
97limit the power of a local government to establish or amend the
98zoning map designation of a parcel or parcels of land or change
99the actual list of permitted, conditional, or prohibited uses
100within a zoning category and any local government may exercise
101such power as provided by law.
102     (2)  In addition and supplemental to any other authority
103under law, the legislative and governing body of a county or
104municipality shall have the power and authority to limit the
105number of hours of operation of arcade amusement centers and may
106also limit the number of machines allowed in such centers.
107     (3)(2)  The term "arcade amusement center" as used in this
108section means a place of business having at least 50 coin-
109operated amusement games or machines on premises which are
110operated for the entertainment of the general public and
111tourists as a bona fide amusement facility.
112     (4)  A game or machine that may be construed as a gambling
113device under state law, including video poker games or a game or
114device that resembles a gambling device as defined in chapter 24
115of Title 15 U.S.C. under s. 1171, is prohibited at arcade
116amusement centers.
117     Section 2.  This act shall take effect upon becoming a law.
118
119================= T I T L E  A M E N D M E N T =================
120     Remove the entire title and insert:
121
A bill to be entitled
122An act relating to arcade amusement centers; amending s.
123849.161, F.S.; revising provisions exempting certain
124amusement centers from the application of gambling
125regulations; providing for games or machines operated by
126electronic token; restricting the use of points or coupons
127received by players in arcade amusement centers;
128clarifying a reference; providing that specified gambling
129provisions do not apply to children's amusement centers;
130defining "children's amusement center"; providing for
131construction relating to video poker, electronic token
132operated games or devices, and powers of local
133governments; providing that, with respect to arcade
134amusement centers, local governments may establish or
135amend the zoning map designation of a parcel or parcels of
136land or change the actual list of permitted, conditional,
137or prohibited uses within a zoning category; authorizing
138local governments to limit the hours of operation of
139arcade amusement centers and limit the number of machines
140in such centers; prohibiting gambling devices at arcade
141amusement centers; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.