HB 1531

1
A bill to be entitled
2An act relating to arcade amusement centers; amending s.
3849.161, F.S.; revising provisions exempting certain
4amusement centers from the application of gambling
5regulations; restricting the use of points or coupons
6received by players in arcade amusement centers;
7clarifying a reference; providing that, with respect to
8arcade amusement centers, local governments may establish
9or amend the zoning map designation of a parcel or parcels
10of land or change the actual list of permitted,
11conditional, or prohibited uses within a zoning category;
12authorizing local governments to limit the hours of
13operation of arcade amusement centers and limit the number
14of machines in such centers; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 849.161, Florida Statutes, is amended
19to read:
20     849.161  Amusement games or machines; when chapter
21inapplicable.--
22     (1)(a)1.  Nothing contained in this chapter shall be taken
23or construed as applicable to an arcade amusement center having
24amusement games or machines which operate by means of the
25insertion of a coin and which by application of skill may
26entitle the person playing or operating the game or machine to
27receive points or coupons which may be exchanged for merchandise
28only, excluding cash and alcoholic beverages, provided the cost
29value of the merchandise or prize awarded in exchange for such
30points or coupons does not exceed 75 cents on any game played.
31All points or coupons received by a player may be exchanged only
32at the same business location where the game or machine operated
33by the player is located. No points or coupons received by a
34player may be exchanged for any gift certificate or similar
35conveyance that is redeemable at another business location.
36     2.  Nothing contained in this chapter shall be taken or
37construed as applicable to any retail dealer who operates as a
38truck stop, as defined in chapter 336 and which operates a
39minimum of 6 functional diesel fuel pumps, having amusement
40games or machines which operate by means of the insertion of a
41coin or other currency and which by application of skill may
42entitle the person playing or operating the game or machine to
43receive points or coupons which may be exchanged for merchandise
44limited to noncash prizes, toys, novelties, and Florida Lottery
45products, excluding alcoholic beverages, provided the cost value
46of the merchandise or prize awarded in exchange for such points
47or coupons does not exceed 75 cents on any game played. This
48subparagraph applies only to games and machines which are
49operated for the entertainment of the general public and
50tourists as bona fide amusement games or machines. This
51subsection shall not apply, however, to any game or device
52defined as a gambling device in chapter 24 of Title 15 U.S.C.
53under s. 1171, which requires identification of each device by
54permanently affixing seriatim numbering and name, trade name,
55and date of manufacture under s. 1173, and registration with the
56United States Attorney General, unless excluded from
57applicability of the chapter under s. 1178. This subsection
58shall not be construed to authorize video poker games or any
59other game or machine that may be construed as a gambling device
60under Florida law.
61     (b)  Nothing in this subsection shall be taken or construed
62as applicable to a coin-operated game or device designed and
63manufactured only for bona fide amusement purposes which game or
64device may by application of skill entitle the player to replay
65the game or device at no additional cost, if the game or device:
66can accumulate and react to no more than 15 free replays; can be
67discharged of accumulated free replays only by reactivating the
68game or device for one additional play for such accumulated free
69replay; can make no permanent record, directly or indirectly, of
70free replays; and is not classified by the United States as a
71gambling device in chapter 24 of Title 15 U.S.C. under s. 1171,
72which requires identification of each device by permanently
73affixing seriatim numbering and name, trade name, and date of
74manufacture under s. 1173, and registration with the United
75States Attorney General, unless excluded from applicability of
76the chapter under s. 1178. This subsection shall not be
77construed to authorize video poker games, or any other game or
78machine that may be construed as a gambling device under Florida
79law.
80     (c)  Nothing in this subsection with respect to arcade
81amusement centers shall be taken or construed to abrogate or
82limit the power of a local government to establish or amend the
83zoning map designation of a parcel or parcels of land or change
84the actual list of permitted, conditional, or prohibited uses
85within a zoning category and any local government may exercise
86such power as provided by law.
87     (2)  The legislative and governing body of a county or
88municipality shall have the power and authority to limit the
89number of hours of operation of arcade amusement centers and may
90also limit the number of machines allowed in such centers.
91     (3)(2)  The term "arcade amusement center" as used in this
92section means a place of business having at least 50 coin-
93operated amusement games or machines on premises which are
94operated for the entertainment of the general public and
95tourists as a bona fide amusement facility.
96     Section 2.  This act shall take effect upon becoming a law.


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