Senate Bill sb0234

    Florida Senate - 2005                                   SB 234

    By Senator Constantine





    22-243-05

  1                      A bill to be entitled

  2         An act relating to gambling; amending s.

  3         849.161, F.S.; prohibiting arcade amusement

  4         centers from exchanging points or coupons

  5         accumulated by customers for tobacco products,

  6         alcoholic beverages, or cash; correcting a

  7         cross-reference; prohibiting gambling devices

  8         at arcade amusement centers; providing an

  9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 849.161, Florida Statutes, is

14  amended to read:

15         849.161  Amusement games or machines; when chapter

16  inapplicable.--

17         (1)(a)1.  Nothing contained in this chapter shall be

18  taken or construed as applicable to an arcade amusement center

19  having amusement games or machines not proscribed by s.

20  849.15, which operate by means of the insertion of a coin and

21  which, solely by application of skill, may entitle the person

22  playing or operating the game or machine to receive points or

23  coupons which may be exchanged for merchandise only, excluding

24  cash, and alcoholic beverages, tobacco products, or coupons

25  redeemable for cash, alcoholic beverages, or tobacco products,

26  provided the cost value of the merchandise or prize awarded in

27  exchange for such points or coupons does not exceed 75 cents

28  on any game played.

29         2.  Nothing contained in this chapter shall be taken or

30  construed as applicable to any retail dealer who operates as a

31  truck stop, as defined in chapter 336 and which operates a

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    Florida Senate - 2005                                   SB 234
    22-243-05




 1  minimum of 6 functional diesel fuel pumps, having amusement

 2  games or machines which operate by means of the insertion of a

 3  coin or other currency and which by application of skill may

 4  entitle the person playing or operating the game or machine to

 5  receive points or coupons which may be exchanged for

 6  merchandise limited to noncash prizes, toys, novelties, and

 7  Florida Lottery products, excluding alcoholic beverages,

 8  provided the cost value of the merchandise or prize awarded in

 9  exchange for such points or coupons does not exceed 75 cents

10  on any game played. This subparagraph applies only to games

11  and machines which are operated for the entertainment of the

12  general public and tourists as bona fide amusement games or

13  machines.  This subsection shall not apply, however, to any

14  game or device defined as a gambling device in 15 U.S.C. s.

15  1171 24 U.S.C. s. 1171, which requires identification of each

16  device by permanently affixing seriatim numbering and name,

17  trade name, and date of manufacture under s. 1173, and

18  registration with the United States Attorney General, unless

19  excluded from applicability of the chapter under s. 1178.

20  This subsection shall not be construed to authorize video

21  poker games or any other game or machine that may be construed

22  as a gambling device under Florida law.

23         (b)  Nothing in this subsection shall be taken or

24  construed as applicable to a coin-operated game or device

25  designed and manufactured only for bona fide amusement

26  purposes and not proscribed by s. 649.15, which game or device

27  may, solely by application of skill, entitle the player to

28  replay the game or device at no additional cost, if the game

29  or device: can accumulate and react to no more than 15 free

30  replays; can be discharged of accumulated free replays only by

31  reactivating the game or device for one additional play for

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    Florida Senate - 2005                                   SB 234
    22-243-05




 1  such accumulated free replay; can make no permanent record,

 2  directly or indirectly, of free replays; and is not classified

 3  by the United States as a gambling device in 24 U.S.C. s.

 4  1171, which requires identification of each device by

 5  permanently affixing seriatim numbering and name, trade name,

 6  and date of manufacture under s. 1173, and registration with

 7  the United States Attorney General, unless excluded from

 8  applicability of the chapter under s. 1178. This subsection

 9  may shall not be construed to authorize video poker games, or

10  any other game or machine that may be construed as a gambling

11  device under Florida law.

12         (2)  The term "arcade amusement center" as used in this

13  section means a place of business having at least 50

14  coin-operated amusement games or machines on premises which

15  are operated for the entertainment of the general public and

16  tourists as a bona fide amusement facility.

17         (3)  A game or machine that may be construed as a

18  gambling device under state law, including video poker games

19  or a game or device that resembles a gambling device as

20  defined in 15 U.S.C. s. 1171 are prohibited at arcade

21  amusement centers.

22         Section 2.  This act shall take effect July 1, 2005.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Prohibits arcade amusement centers from having gambling
      devices or exchanging points or coupons accumulated by
27    customers for tobacco products, alcoholic beverages, or
      cash.
28  

29  

30  

31  

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