| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to arcade amusement centers; amending s. |
| 7 | 849.161, F.S.; revising provisions exempting certain |
| 8 | amusement centers from the application of gambling |
| 9 | regulations; restricting the use of points or coupons |
| 10 | received by players in arcade amusement centers; |
| 11 | clarifying a reference; providing that, with respect to |
| 12 | arcade amusement centers, local governments may establish |
| 13 | or amend the zoning map designation of a parcel or parcels |
| 14 | of land or change the actual list of permitted, |
| 15 | conditional, or prohibited uses within a zoning category; |
| 16 | authorizing local governments to limit the hours of |
| 17 | operation of arcade amusement centers and limit the number |
| 18 | of machines in such centers; prohibiting gambling devices |
| 19 | at arcade amusement centers; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 849.161, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 849.161 Amusement games or machines; when chapter |
| 26 | inapplicable.-- |
| 27 | (1)(a)1. Nothing contained in this chapter shall be taken |
| 28 | or construed as applicable to an arcade amusement center having |
| 29 | amusement games or machines not proscribed by s. 849.15 which |
| 30 | operate by means of the insertion of a coin and which, solely by |
| 31 | application of skill, may entitle the person playing or |
| 32 | operating the game or machine to receive points or coupons which |
| 33 | may be exchanged for merchandise only, excluding cash, and |
| 34 | alcoholic beverages, tobacco products, or coupons redeemable for |
| 35 | cash, alcoholic beverages, or tobacco products, provided the |
| 36 | cost value of the merchandise or prize awarded in exchange for |
| 37 | such points or coupons does not exceed 75 cents on any game |
| 38 | played. All points or coupons received by a player may be |
| 39 | exchanged for the specific product only at the same business |
| 40 | location where the game or machine operated by the player is |
| 41 | located. No points or coupons received by a player may be |
| 42 | exchanged for any gift certificate, mail order certificate, or |
| 43 | similar conveyance that is redeemable at another business |
| 44 | location or deliverable from a location other than where the |
| 45 | arcade amusement center is located. |
| 46 | 2. Nothing contained in this chapter shall be taken or |
| 47 | construed as applicable to any retail dealer who operates as a |
| 48 | truck stop, as defined in chapter 336 and which operates a |
| 49 | minimum of 6 functional diesel fuel pumps, having amusement |
| 50 | games or machines which operate by means of the insertion of a |
| 51 | coin or other currency and which by application of skill may |
| 52 | entitle the person playing or operating the game or machine to |
| 53 | receive points or coupons which may be exchanged for merchandise |
| 54 | limited to noncash prizes, toys, novelties, and Florida Lottery |
| 55 | products, excluding alcoholic beverages, provided the cost value |
| 56 | of the merchandise or prize awarded in exchange for such points |
| 57 | or coupons does not exceed 75 cents on any game played. This |
| 58 | subparagraph applies only to games and machines which are |
| 59 | operated for the entertainment of the general public and |
| 60 | tourists as bona fide amusement games or machines. This |
| 61 | subsection shall not apply, however, to any game or device |
| 62 | defined as a gambling device in chapter 24 of Title 15 U.S.C. |
| 63 | under s. 1171, which requires identification of each device by |
| 64 | permanently affixing seriatim numbering and name, trade name, |
| 65 | and date of manufacture under s. 1173, and registration with the |
| 66 | United States Attorney General, unless excluded from |
| 67 | applicability of the chapter under s. 1178. This subsection |
| 68 | shall not be construed to authorize video poker games or any |
| 69 | other game or machine that may be construed as a gambling device |
| 70 | under Florida law. |
| 71 | (b) Nothing in this subsection shall be taken or construed |
| 72 | as applicable to a coin-operated game or device designed and |
| 73 | manufactured only for bona fide amusement purposes and not |
| 74 | proscribed by s. 849.15, which game or device may, solely by |
| 75 | application of skill, entitle the player to replay the game or |
| 76 | device at no additional cost, if the game or device: can |
| 77 | accumulate and react to no more than 15 free replays; can be |
| 78 | discharged of accumulated free replays only by reactivating the |
| 79 | game or device for one additional play for such accumulated free |
| 80 | replay; can make no permanent record, directly or indirectly, of |
| 81 | free replays; and is not classified by the United States as a |
| 82 | gambling device in chapter 24 of Title 15 U.S.C. under s. 1171, |
| 83 | which requires identification of each device by permanently |
| 84 | affixing seriatim numbering and name, trade name, and date of |
| 85 | manufacture under s. 1173, and registration with the United |
| 86 | States Attorney General, unless excluded from applicability of |
| 87 | the chapter under s. 1178. This subsection shall not be |
| 88 | construed to authorize video poker games, or any other game or |
| 89 | machine that may be construed as a gambling device under Florida |
| 90 | law. |
| 91 | (c) Nothing in this subsection with respect to arcade |
| 92 | amusement centers shall be taken or construed to abrogate or |
| 93 | limit the power of a local government to establish or amend the |
| 94 | zoning map designation of a parcel or parcels of land or change |
| 95 | the actual list of permitted, conditional, or prohibited uses |
| 96 | within a zoning category and any local government may exercise |
| 97 | such power as provided by law. |
| 98 | (2) The legislative and governing body of a county or |
| 99 | municipality shall have the power and authority to limit the |
| 100 | number of hours of operation of arcade amusement centers and may |
| 101 | also limit the number of machines allowed in such centers. |
| 102 | (3)(2) The term "arcade amusement center" as used in this |
| 103 | section means a place of business having at least 50 coin- |
| 104 | operated amusement games or machines on premises which are |
| 105 | operated for the entertainment of the general public and |
| 106 | tourists as a bona fide amusement facility. |
| 107 | (4) A game or machine that may be construed as a gambling |
| 108 | device under state law, including video poker games or a game or |
| 109 | device that resembles a gambling device as defined in chapter 24 |
| 110 | of Title 15 U.S.C. under s. 1171, is prohibited at arcade |
| 111 | amusement centers. |
| 112 | Section 2. This act shall take effect upon becoming a law. |