Senate Bill sb1940
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Florida Senate - 2004 SB 1940
By Senator Geller
31-1444-04 See HB
1 A bill to be entitled
2 An act relating to arcade amusement centers;
3 amending s. 849.161, F.S.; revising provisions
4 exempting certain amusement centers from the
5 application of gambling regulations;
6 restricting use of points or coupons received
7 by players; clarifying a reference; providing
8 for local governments to establish or amend the
9 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
12 category with respect to arcade amusement
13 centers; authorizing local governments to limit
14 the hours of operation of arcade amusement
15 centers and limit the number of machines in
16 such centers; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 849.161, Florida Statutes, is
21 amended to read:
22 849.161 Amusement games or machines; when chapter
23 inapplicable.--
24 (1)(a)1. Nothing contained in this chapter shall be
25 taken or construed as applicable to an arcade amusement center
26 having amusement games or machines which operate by means of
27 the insertion of a coin and which by application of skill may
28 entitle the person playing or operating the game or machine to
29 receive points or coupons which may be exchanged for
30 merchandise only, excluding cash and alcoholic beverages,
31 provided the cost value of the merchandise or prize awarded in
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1940
31-1444-04 See HB
1 exchange for such points or coupons does not exceed 75 cents
2 on any game played. All points or coupons received by a player
3 may be exchanged only at the same business location where the
4 game or machine operated by the player is located. No points
5 or coupons received by a player may be exchanged for any gift
6 certificate or similar conveyance which is redeemable at
7 another business location.
8 2. Nothing contained in this chapter shall be taken or
9 construed as applicable to any retail dealer who operates as a
10 truck stop, as defined in chapter 336 and which operates a
11 minimum of 6 functional diesel fuel pumps, having amusement
12 games or machines which operate by means of the insertion of a
13 coin or other currency and which by application of skill may
14 entitle the person playing or operating the game or machine to
15 receive points or coupons which may be exchanged for
16 merchandise limited to noncash prizes, toys, novelties, and
17 Florida Lottery products, excluding alcoholic beverages,
18 provided the cost value of the merchandise or prize awarded in
19 exchange for such points or coupons does not exceed 75 cents
20 on any game played. All points or coupons received by a player
21 may be exchanged only at the same business location where the
22 game or machine operated by the player is located. No points
23 or coupons received by a player may be exchanged for any gift
24 certificate or similar conveyance, excluding any Florida
25 Lottery product, which is redeemable at another business
26 location. This subparagraph applies only to games and machines
27 which are operated for the entertainment of the general public
28 and tourists as bona fide amusement games or machines. This
29 subsection shall not apply, however, to any game or device
30 defined as a gambling device in chapter 24 of Title 15 U.S.C.
31 under s. 1171, which requires identification of each device by
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1940
31-1444-04 See HB
1 permanently affixing seriatim numbering and name, trade name,
2 and date of manufacture under s. 1173, and registration with
3 the United States Attorney General, unless excluded from
4 applicability of the chapter under s. 1178. This subsection
5 shall not be construed to authorize video poker games or any
6 other game or machine that may be construed as a gambling
7 device under Florida law.
8 (b) Nothing in this subsection shall be taken or
9 construed as applicable to a coin-operated game or device
10 designed and manufactured only for bona fide amusement
11 purposes which game or device may by application of skill
12 entitle the player to replay the game or device at no
13 additional cost, if the game or device: can accumulate and
14 react to no more than 15 free replays; can be discharged of
15 accumulated free replays only by reactivating the game or
16 device for one additional play for such accumulated free
17 replay; can make no permanent record, directly or indirectly,
18 of free replays; and is not classified by the United States as
19 a gambling device in chapter 24 of Title 15 U.S.C. under s.
20 1171, which requires identification of each device by
21 permanently affixing seriatim numbering and name, trade name,
22 and date of manufacture under s. 1173, and registration with
23 the United States Attorney General, unless excluded from
24 applicability of the chapter under s. 1178. This subsection
25 shall not be construed to authorize video poker games, or any
26 other game or machine that may be construed as a gambling
27 device under Florida law.
28 (c) Nothing in this subsection shall be taken or
29 construed to abrogate or limit the power of a local government
30 to establish or amend the zoning map designation of a parcel
31 or parcels of land or change the actual list of permitted,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1940
31-1444-04 See HB
1 conditional, or prohibited uses within a zoning category and,
2 with respect to arcade amusement centers, any local government
3 may exercise such power as provided by law.
4 (2) The legislative and governing body of a county or
5 municipality shall have the power and authority to limit the
6 number of hours of operation of arcade amusement centers and
7 may also limit the number of machines allowed in such centers.
8 (3)(2) The term "arcade amusement center" as used in
9 this section means a place of business having at least 50
10 coin-operated amusement games or machines on premises which
11 are operated for the entertainment of the general public and
12 tourists as a bona fide amusement facility.
13 Section 2. This act shall take effect upon becoming a
14 law.
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