Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 413584
CHAMBER ACTION
Senate House
.
.
1 WD .
03/29/2005 11:53 AM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Regulated Industries (Posey) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 849.161, Florida Statutes, is
19 amended to read:
20 849.161 Amusement games or machines; when chapter
21 inapplicable.--
22 (1)(a)1. Nothing contained in this chapter shall be
23 taken or construed as applicable to a place of business an
24 arcade amusement center having two or more amusement games or
25 machines that:
26 a. Are operated which operate by means of electronic
27 tokens;
28 b. Have a centralized mechanism for accumulation of
29 currency;
30 c. Are capable of calculating the appropriate sales
31 tax and transmitting sales tax reports electronically to the
1
8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 413584
1 Department of Revenue;
2 d. Have continuous spin with manual game stop operated
3 solely the insertion of a coin and which by application of
4 skill; and
5 e. may Entitle the person playing or operating the
6 game or machine to receive points or coupons electronically
7 recorded on a device in the possession of the person playing
8 or operating the game or machine that confirms the activity of
9 play for audit purposes, which points or coupons may be
10 exchanged for merchandise or gift cards only, excluding cash,
11 and alcoholic beverages, tobacco products, or coupons
12 redeemable for cash, alcoholic beverages, or tobacco products,
13 provided the cost value of the merchandise or prize awarded in
14 exchange for such electronically recorded points or coupons
15 does not exceed 75 cents on any game played.
16 2. Nothing contained in this chapter shall be taken or
17 construed as applicable to any facility authorized by s.
18 849.0931(11)(a)-(d) or any retail dealer who operates as a
19 truck stop, as defined in chapter 336 and which operates a
20 minimum of 6 functional diesel fuel pumps, having amusement
21 games or machines which operate by means of the insertion of a
22 coin or other currency and which by application of skill may
23 entitle the person playing or operating the game or machine to
24 receive points or coupons which may be exchanged for
25 merchandise limited to noncash prizes, toys, novelties, and
26 Florida Lottery products, excluding alcoholic beverages,
27 provided the cost value of the merchandise or prize awarded in
28 exchange for such points or coupons does not exceed 75 cents
29 on any game played. This subparagraph applies only to games
30 and machines which are operated for the entertainment of the
31 general public and tourists as bona fide amusement games or
2
8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 413584
1 machines. This subsection shall not apply, however, to any
2 game or device defined as a gambling device in 15 U.S.C. s.
3 1171 24 U.S.C. s. 1171, which requires identification of each
4 device by permanently affixing seriatim numbering and name,
5 trade name, and date of manufacture under s. 1173, and
6 registration with the United States Attorney General, unless
7 excluded from applicability of the chapter under s. 1178.
8 This subsection shall not be construed to authorize video
9 poker games or any other game or machine that may be construed
10 as a gambling device under Florida law.
11 (b) Nothing in this subsection shall be taken or
12 construed as applicable to a coin-operated game or device
13 designed and manufactured only for bona fide amusement
14 purposes and not proscribed by s. 849.15, which game or device
15 may, solely by application of skill, entitle the player to
16 replay the game or device at no additional cost, if the game
17 or device: can accumulate and react to no more than 15 free
18 replays; can be discharged of accumulated free replays only by
19 reactivating the game or device for one additional play for
20 such accumulated free replay; can make no permanent record,
21 directly or indirectly, of free replays; and is not classified
22 by the United States as a gambling device in 24 U.S.C. s.
23 1171, which requires identification of each device by
24 permanently affixing seriatim numbering and name, trade name,
25 and date of manufacture under s. 1173, and registration with
26 the United States Attorney General, unless excluded from
27 applicability of the chapter under s. 1178. This subsection
28 may shall not be construed to authorize video poker games, or
29 any other game or machine that may be construed as a gambling
30 device under Florida law.
31 (2) The term "arcade amusement center" as used in this
3
8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 413584
1 section means a place of business having at least 50
2 coin-operated amusement games or machines on premises which
3 are operated for the entertainment of the general public and
4 tourists as a bona fide amusement facility.
5 (3) A game or machine that may be construed as a
6 gambling device under state law, including video poker games
7 or a game or device that resembles a gambling device as
8 defined in 15 U.S.C. s. 1171, is prohibited at arcade
9 amusement centers.
10 Section 2. Chapter 849, Florida Statutes, does not
11 apply to any children's amusement center having amusement
12 games that operate by means of the insertion of a coin,
13 currency, or a token and that may entitle the person operating
14 the game or machine to receive points or coupons that may be
15 exchanged for noncash prizes, toys, or novelties for children
16 under the age of 14 years. As used in this section, the term
17 "children's amusement center" means a place of business, the
18 general concept or theme of which is the amusement or
19 entertainment of children under the age of 14 years, which
20 operates coin-operated amusement games and machines in which
21 the majority of such games or machines are for the use of or
22 operation by children under the age of 14 years. The term does
23 not include any business that allows the use of video poker
24 games or any other game or device classified as a gambling
25 device in chapter 24 of Title 15 U.S.C. under s. 1171 unless
26 excluded from these requirements under subsection (2) or
27 subsection (3) of 15 U.S.C. s. 1178. Points or coupons
28 received by a player may not be exchanged for any credit card,
29 gift certificate, or similar conveyance or for cash, alcoholic
30 beverages, or tobacco products or coupons redeemable for cash,
31 alcoholic beverages, or tobacco products.
4
8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 413584
1 Section 3. This act shall take effect July 1, 2005.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act relating to gambling; amending s.
11 849.161, F.S.; redefining those amusement games
12 and machines that are exempted from chapter
13 849, F.S., relating to gambling; prohibiting
14 gambling devices at arcade amusement centers;
15 exempting children's amusement centers from
16 chapter 849, F.S.; providing an effective date.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
8:41 AM 03/28/05 s0234d-ri24-c3r