Senate Bill sb0234c1

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    Florida Senate - 2005                            CS for SB 234

    By the Committee on Regulated Industries; and Senator
    Constantine




    580-1834-05

  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; providing powers of local

  8         government regarding arcade amusement centers;

  9         providing an effective date.

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

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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 which operate by means of

20  the insertion of a coin and which, by application of skill,

21  may entitle the person playing or operating the game or

22  machine to receive points or coupons which may be exchanged

23  for merchandise only, excluding cash, and alcoholic beverages,

24  tobacco products, or coupons redeemable for cash, alcoholic

25  beverages, or tobacco products, provided the cost value of the

26  merchandise or prize awarded in exchange for such points or

27  coupons does not exceed 75 cents on any game played.

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

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

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

31  minimum of 6 functional diesel fuel pumps, having amusement

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    Florida Senate - 2005                            CS for SB 234
    580-1834-05




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

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

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

 4  receive points or coupons which may be exchanged for

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

 6  Florida Lottery products, excluding alcoholic beverages,

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

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

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

10  and machines which are operated for the entertainment of the

11  general public and tourists as bona fide amusement games or

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

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

14  1171 24 U.S.C. s. 1171, which requires identification of each

15  device by permanently affixing seriatim numbering and name,

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

17  registration with the United States Attorney General, unless

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

19  This subsection shall not be construed to authorize video

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

21  as a gambling device under Florida law.

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

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

24  designed and manufactured only for bona fide amusement

25  purposes, which game or device may, by application of skill,

26  entitle the player to replay the game or device at no

27  additional cost, if the game or device: can accumulate and

28  react to no more than 15 free replays; can be discharged of

29  accumulated free replays only by reactivating the game or

30  device for one additional play for such accumulated free

31  replay; can make no permanent record, directly or indirectly,

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    Florida Senate - 2005                            CS for SB 234
    580-1834-05




 1  of free replays; and is not classified by the United States as

 2  a gambling device in 15 U.S.C. s. 1171 24 U.S.C. s. 1171,

 3  which requires identification of each device by permanently

 4  affixing seriatim numbering and name, trade name, and date of

 5  manufacture under s. 1173, and registration with the United

 6  States Attorney General, unless excluded from applicability of

 7  the chapter under s. 1178. This subsection may shall not be

 8  construed to authorize video poker games, or any other game or

 9  machine that may be construed as a gambling device under

10  Florida law.

11         (c)1.  Nothing contained in this subsection with

12  respect to arcade amusement centers shall be taken or

13  construed to abrogate or limit the power of a local government

14  to establish or amend the zoning map designation of a parcel

15  or parcels of land or change the actual list of permitted,

16  conditional, or prohibited uses within a zoning category, and

17  any local government may exercise such a power as provided by

18  law.

19         2.  In addition and supplemental to any other authority

20  under law, the legislative and governing body of a county or

21  municipality shall have the power and authority to limit the

22  number of hours of operation of arcade amusement centers and

23  may also limit the number of machines allowed in such centers.

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

25  section means a place of business having at least 50

26  coin-operated amusement games or machines on premises which

27  are operated for the entertainment of the general public and

28  tourists as a bona fide amusement facility.

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

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    Florida Senate - 2005                            CS for SB 234
    580-1834-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 234

 3                                 

 4  The committee substitute deletes provisions that amusement
    games or machines are not proscribed by s. 849.15, F.S., and
 5  which operate solely by application of skill.

 6  The committee substitute deletes the provisions in s.
    849.161(3), F.S., that prohibited a game or machine that may
 7  be construed as a gambling device under state law, including
    video poker games or a game, or a device that resembles a
 8  gambling device as defined in 15. U.S.C. 1171.

 9  The committee substitute creates s. 849.161(1)(c) to provide
    that local governments maintain zoning authority with respect
10  to arcade amusement centers and that the legislative and
    governing body of a county or municipality shall have the
11  power and authority to limit the number of hours of operation
    of arcade amusement centers and may also limit the number of
12  machines allowed in such centers.

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