1 | A bill to be entitled |
2 | An act relating to arcade amusement centers; amending s. |
3 | 849.161, F.S.; revising provisions exempting certain |
4 | amusement centers from the application of gambling |
5 | regulations; restricting the use of points or coupons |
6 | received by players in arcade amusement centers; |
7 | clarifying a reference; providing that, with respect to |
8 | arcade amusement centers, local governments may establish |
9 | or amend the zoning map designation of a parcel or parcels |
10 | of land or change the actual list of permitted, |
11 | conditional, or prohibited uses within a zoning category; |
12 | authorizing local governments to limit the hours of |
13 | operation of arcade amusement centers and limit the number |
14 | of machines in such centers; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 849.161, Florida Statutes, is amended |
19 | to read: |
20 | 849.161 Amusement games or machines; when chapter |
21 | inapplicable.-- |
22 | (1)(a)1. Nothing contained in this chapter shall be taken |
23 | or construed as applicable to an arcade amusement center having |
24 | amusement games or machines which operate by means of the |
25 | insertion of a coin and which by application of skill may |
26 | entitle the person playing or operating the game or machine to |
27 | receive points or coupons which may be exchanged for merchandise |
28 | only, excluding cash and alcoholic beverages, provided the cost |
29 | value of the merchandise or prize awarded in exchange for such |
30 | points or coupons does not exceed 75 cents on any game played. |
31 | All points or coupons received by a player may be exchanged only |
32 | at the same business location where the game or machine operated |
33 | by the player is located. No points or coupons received by a |
34 | player may be exchanged for any gift certificate or similar |
35 | conveyance that is redeemable at another business location. |
36 | 2. Nothing contained in this chapter shall be taken or |
37 | construed as applicable to any retail dealer who operates as a |
38 | truck stop, as defined in chapter 336 and which operates a |
39 | minimum of 6 functional diesel fuel pumps, having amusement |
40 | games or machines which operate by means of the insertion of a |
41 | coin or other currency and which by application of skill may |
42 | entitle the person playing or operating the game or machine to |
43 | receive points or coupons which may be exchanged for merchandise |
44 | limited to noncash prizes, toys, novelties, and Florida Lottery |
45 | products, excluding alcoholic beverages, provided the cost value |
46 | of the merchandise or prize awarded in exchange for such points |
47 | or coupons does not exceed 75 cents on any game played. This |
48 | subparagraph applies only to games and machines which are |
49 | operated for the entertainment of the general public and |
50 | tourists as bona fide amusement games or machines. This |
51 | subsection shall not apply, however, to any game or device |
52 | defined as a gambling device in chapter 24 of Title 15 U.S.C. |
53 | under s. 1171, which requires identification of each device by |
54 | permanently affixing seriatim numbering and name, trade name, |
55 | and date of manufacture under s. 1173, and registration with the |
56 | United States Attorney General, unless excluded from |
57 | applicability of the chapter under s. 1178. This subsection |
58 | shall not be construed to authorize video poker games or any |
59 | other game or machine that may be construed as a gambling device |
60 | under Florida law. |
61 | (b) Nothing in this subsection shall be taken or construed |
62 | as applicable to a coin-operated game or device designed and |
63 | manufactured only for bona fide amusement purposes which game or |
64 | device may by application of skill entitle the player to replay |
65 | the game or device at no additional cost, if the game or device: |
66 | can accumulate and react to no more than 15 free replays; can be |
67 | discharged of accumulated free replays only by reactivating the |
68 | game or device for one additional play for such accumulated free |
69 | replay; can make no permanent record, directly or indirectly, of |
70 | free replays; and is not classified by the United States as a |
71 | gambling device in chapter 24 of Title 15 U.S.C. under s. 1171, |
72 | which requires identification of each device by permanently |
73 | affixing seriatim numbering and name, trade name, and date of |
74 | manufacture under s. 1173, and registration with the United |
75 | States Attorney General, unless excluded from applicability of |
76 | the chapter under s. 1178. This subsection shall not be |
77 | construed to authorize video poker games, or any other game or |
78 | machine that may be construed as a gambling device under Florida |
79 | law. |
80 | (c) Nothing in this subsection with respect to arcade |
81 | amusement centers shall be taken or construed to abrogate or |
82 | limit the power of a local government to establish or amend the |
83 | zoning map designation of a parcel or parcels of land or change |
84 | the actual list of permitted, conditional, or prohibited uses |
85 | within a zoning category and any local government may exercise |
86 | such power as provided by law. |
87 | (2) The legislative and governing body of a county or |
88 | municipality shall have the power and authority to limit the |
89 | number of hours of operation of arcade amusement centers and may |
90 | also limit the number of machines allowed in such centers. |
91 | (3)(2) The term "arcade amusement center" as used in this |
92 | section means a place of business having at least 50 coin- |
93 | operated amusement games or machines on premises which are |
94 | operated for the entertainment of the general public and |
95 | tourists as a bona fide amusement facility. |
96 | Section 2. This act shall take effect upon becoming a law. |