| 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; providing for games or machines operated by |
| 6 | electronic token; restricting the use of points or coupons |
| 7 | received by players in arcade amusement centers; |
| 8 | clarifying a reference; providing that specified gambling |
| 9 | provisions do not apply to children's amusement centers; |
| 10 | defining "children's amusement center"; providing for |
| 11 | construction relating to video poker, electronic token |
| 12 | operated games or devices, and powers of local |
| 13 | governments; providing that, with respect to arcade |
| 14 | amusement centers, local governments may establish or |
| 15 | amend the zoning map designation of a parcel or parcels of |
| 16 | land or change the actual list of permitted, conditional, |
| 17 | or prohibited uses within a zoning category; authorizing |
| 18 | local governments to limit the hours of operation of |
| 19 | arcade amusement centers and limit the number of machines |
| 20 | in such centers; prohibiting gambling devices at arcade |
| 21 | amusement centers; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 849.161, Florida Statutes, is amended |
| 26 | to read: |
| 27 | 849.161 Amusement games or machines; when chapter |
| 28 | inapplicable.-- |
| 29 | (1)(a)1. Nothing contained in this chapter shall be taken |
| 30 | or construed as applicable to an arcade amusement center having |
| 31 | amusement games or machines not proscribed by ss. 849.15 and |
| 32 | 849.16 which operate by means of the insertion of a coin or |
| 33 | electronic token and which, solely by application of skill, may |
| 34 | entitle the person playing or operating the game or machine to |
| 35 | receive points or coupons which may be exchanged for merchandise |
| 36 | only, excluding cash, and alcoholic beverages, tobacco products, |
| 37 | or coupons redeemable for cash, alcoholic beverages, or tobacco |
| 38 | products, provided the cost value of the merchandise or prize |
| 39 | awarded in exchange for such points or coupons does not exceed |
| 40 | 75 cents on any game played. All points or coupons received by a |
| 41 | player may be exchanged for the specific product only at the |
| 42 | same business location where the game or machine operated by the |
| 43 | player is located. No points or coupons received by a player may |
| 44 | be exchanged for any gift certificate, mail order certificate, |
| 45 | or similar conveyance that is redeemable at another business |
| 46 | location or deliverable from a location other than where the |
| 47 | arcade amusement center is located. |
| 48 | 2. Nothing contained in this chapter shall be taken or |
| 49 | construed as applicable to any retail dealer who operates as a |
| 50 | truck stop, as defined in chapter 336 and which operates a |
| 51 | minimum of 6 functional diesel fuel pumps, having amusement |
| 52 | games or machines which operate by means of the insertion of a |
| 53 | coin, electronic token, or other currency and which by |
| 54 | application of skill may entitle the person playing or operating |
| 55 | the game or machine to receive points or coupons which may be |
| 56 | exchanged for merchandise limited to noncash prizes, toys, |
| 57 | novelties, and Florida Lottery products, excluding alcoholic |
| 58 | beverages, provided the cost value of the merchandise or prize |
| 59 | awarded in exchange for such points or coupons does not exceed |
| 60 | 75 cents on any game played. This subparagraph applies only to |
| 61 | games and machines which are operated for the entertainment of |
| 62 | the general public and tourists as bona fide amusement games or |
| 63 | machines. This subsection shall not apply, however, to any game |
| 64 | or device defined as a gambling device in chapter 24 of Title 15 |
| 65 | U.S.C. under s. 1171, which requires identification of each |
| 66 | device by permanently affixing seriatim numbering and name, |
| 67 | trade name, and date of manufacture under s. 1173, and |
| 68 | registration with the United States Attorney General, unless |
| 69 | excluded from applicability of the chapter under s. 1178. This |
| 70 | subsection shall not be construed to authorize video poker games |
| 71 | or any other game or machine that may be construed as a gambling |
| 72 | device under Florida law. |
| 73 | 3. This chapter does not apply to any children's amusement |
| 74 | center having amusement games that operate by means of the |
| 75 | insertion of a coin or other currency or other token and that |
| 76 | may entitle the person operating the game or machine to receive |
| 77 | points or coupons that may be exchanged for noncash prizes, |
| 78 | toys, or novelties for children under the age of 14 years. As |
| 79 | used in this subparagraph, the term "children's amusement |
| 80 | center" means a place of business, the general concept or theme |
| 81 | of which is the amusement or entertainment of children under the |
| 82 | age of 14 years and that operates coin-operated amusement games |
| 83 | and machines in which the majority of such games or machines are |
| 84 | for the use or operation by children under the age of 14 years. |
| 85 | The term does not include any business that allows the use of |
| 86 | video poker games or any other game or device classified as a |
| 87 | gambling device in chapter 24 of Title 15 U.S.C under s. 1171 |
| 88 | unless excluded from these requirements under subsection (2) or |
| 89 | (3) of s. 1178. Points or coupons received by a player may be |
| 90 | exchanged only at the same business or franchise thereof. Points |
| 91 | or coupons received by a player may not be exchanged for any |
| 92 | credit card, gift certificate, or similar conveyance, or for |
| 93 | cash, alcoholic beverages, tobacco products, or coupons |
| 94 | redeemable for cash, alcoholic beverages, or tobacco products. |
| 95 | (b) Nothing in this subsection shall be taken or construed |
| 96 | as applicable to a coin-operated or electronic token operated |
| 97 | game or device designed and manufactured only for bona fide |
| 98 | amusement purposes and not proscribed by ss. 849.15 and 849.16, |
| 99 | which game or device may, solely by application of skill, |
| 100 | entitle the player to replay the game or device at no additional |
| 101 | cost, if the game or device: can accumulate and react to no more |
| 102 | than 15 free replays; can be discharged of accumulated free |
| 103 | replays only by reactivating the game or device for one |
| 104 | additional play for such accumulated free replay; can make no |
| 105 | permanent record, directly or indirectly, of free replays; and |
| 106 | is not classified by the United States as a gambling device in |
| 107 | chapter 24 of Title 15 U.S.C. under s. 1171, which requires |
| 108 | identification of each device by permanently affixing seriatim |
| 109 | numbering and name, trade name, and date of manufacture under s. |
| 110 | 1173, and registration with the United States Attorney General, |
| 111 | unless excluded from applicability of the chapter under s. 1178. |
| 112 | This subsection shall not be construed to authorize video poker |
| 113 | games, or any other game or machine that may be construed as a |
| 114 | gambling device under Florida law. |
| 115 | (c) Nothing in this subsection with respect to arcade |
| 116 | amusement centers shall be taken or construed to abrogate or |
| 117 | limit the power of a local government to establish or amend the |
| 118 | zoning map designation of a parcel or parcels of land or change |
| 119 | the actual list of permitted, conditional, or prohibited uses |
| 120 | within a zoning category and any local government may exercise |
| 121 | such power as provided by law. |
| 122 | (2) In addition and supplemental to any other authority |
| 123 | under law, the legislative and governing body of a county or |
| 124 | municipality shall have the power and authority to limit the |
| 125 | number of hours of operation of arcade amusement centers and may |
| 126 | also limit the number of machines allowed in such centers. |
| 127 | (3)(2) The term "arcade amusement center" as used in this |
| 128 | section means a place of business having at least 50 coin- |
| 129 | operated amusement games or machines on premises which are |
| 130 | operated for the entertainment of the general public and |
| 131 | tourists as a bona fide amusement facility. |
| 132 | (4) A game or machine that may be construed as a gambling |
| 133 | device under state law, including video poker games or a game or |
| 134 | device that resembles a gambling device as defined in chapter 24 |
| 135 | of Title 15 U.S.C. under s. 1171, is prohibited at arcade |
| 136 | amusement centers. |
| 137 | Section 2. This act shall take effect upon becoming a law. |