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HomeMy WebLinkAbout2003 12 08 Regular 516 Regulation of Adult Gaming Arcade COMMISSION. AGENDA ITEM 516 Consent Informational Public Hearing Regular X Deeember 8. 2003 Meeting f1--. /XY- "J~~/O) Mgr. / Att. / Dept. REQUEST: The City Attorney requests that the City Commission provide direetion on the possible regulation of adult gaming arcades. PURPOSE: The purpose of this request is to determine whether the City Commission desires to enaet an ordinanee regulating adult gaming areades in light of reeent news reports regarding easino-style gaming rooms whieh are opening around the State of Florida. APPLICABLE LAW AND PUBLIC POLICY: L Florida Municipal Home Rule Powers Act. 2. Chapter 849, Florida Statutes. CONSIDERATIONS: 1. The City of Sanford recently adopted an ordinanee regulating adult areades. 2. The City Attorney has provided a white paper to the City Commission explaining the issues. Page I of 2 STAFF RECOMMENDATION: The City Attorney reeommends that additional regulations should be adopted to safeguard the eommunity. The City Commission should provide direction and direet that a regulatory ordinanee be proposed for the City Commission's eonsideration. ATTACHMENTS: 1. City Attorney's white paper, dated November 26,2003. 2. City of Sanford ordinanee. 3. Daytona Beaeh News Journal Artiele, dated November 8, 2003. 4. Article in Newtimesbpb.eom, dated Oetober 9, 2003. 5. Letter to Senator Constantine and Representatives Mealor and Simmons from Casselberry Mayor Pronovost, dated Oetober 15,2003. COMMISSION ACTION: G:\Docs\City of Winter Springs\Agenda\Adult_Arcades.wpd Page 2 of 2 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown. Suzanne D'AgrestaO Anthony A. GarganeseO Gary S. Salzmano John H. Ward. Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher Jeffrey P. Buako John U. Biedenharn, Jr. . Joseph E. Blitch Douglas Lambert Katherine Latorre Michelle A. Reddin +Board Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer oBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel November 26, 2003 The Honorable Mayor John F. Bush and Members of the City Commission 1126 East State Road 434 Winter Springs, Florida 32708-6912 Re: Adult Arcade Amusement Centers - Slot Machines City of Winter Springs / General File No. 1193 Dear Mayor Bush and Members of the City Commission: This eorrespondenee follows a reeent flurry of news reports regarding casino style gaming rooms whieh are opening around the state. It is the intent of this letter to bring the City up to date on the issues surrounding these establishments and to provide several possible alternatives for dealing with sueh an applieation. Typical Scenario These gaming rooms or areades often look like traditional easinos inside, exeept they are in neighborhood strip eenters~ The owner/operators typieally lower the lights, the staff is dressed in traditional casino attire, the owners/operators often serve eomplimentarywine and food, and usually require all patrons to be over the age of twenty-one (21) years. The areades typieally have slot machine style games. Some are the traditional reel styled maehines, while others are video images that appear to spin. The insertion of money into the machine provides eredits for play. Typieally eaeh game eosts One Dollar ($1.00), but players ean plaee as mueh as One-Hundred Dollars . ($100.00) into the maehine and reeeive one-hundred (100) eredits. The maehine is then aetivated by plaeing a bet or using a eredit. Eaeh of the three reels is then stopped individually by pushing a stop button, sometimes labeled by the word "skill". Should a player end up with the neeessary images or ieons in the proper loeation, the player wins and is awarded a eoupon. The eoupons may then be added together and traded for gift eards, restaurant eoupons, diseounts for serviees, as well as other merchandise. 225 East Robinson Street, Suite 660' P.O. Box 2873' Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net The Honorable Mayor John F. Bush and Members of the City Commission November 16, 2003 Page 2 Issue The question posed 'for state and loeal officials is whether these establishments violate Chapter 849,Florida Statutes, by the use or operation of a slot maehine or ifthese establishments are exempt from the regulation as the slot machines are games of skill, as opposed to ones of ehanee. Short Answer We believe the exemption provided in Seetion 849.161, Florida Statutes, for amusement games or maehines loeated within an areade amusement center is limited. Notwithstanding the foregoing, it appears possible that a easino styled areade amusement eenter may exist lawfully under this exemption. Le~al Analysis Pursuant to Seetion 849.15(1), Florida Statutes, it is unlawful to possess or permit the operation of any slot maehine or deviee. Seetion 849.16, Florida Statutes defines those maehines whieh qualify as a slot machine or device as: . [O]ne that is adapted for use in sueh a way that, as a result of the insertion of any pieee of money, coin, or other object, 'sueh maehine or device is eaused to operate or may be operated and if the user, by reason of any element of chanee or of any other outcome of sueh operation unpredietable by him or her, may: . (a) Receive or become entitled to receive any piece of money , credit, allowanee, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, whieh may be exchanged for any money, eredit, allowanee, or thing of value or which may be given in trade; or (b) Seeure additional ehanees or rights to use sueh maehine, apparatus, or device, even though it may, in addition to any element of ehanee or unpredictable outeome of sueh operation, also sell, deliver, or present some merehandise, indieation of weight, entertainment, or other thing of value. Thus, if the reeeipt of a prize is dependent on any element of ehanee, the maehine would fall within the above definition of a slot maehine proseribed by Seetion 849.15, Florida Statutes. The Honorable Mayor John F. Bush and Members of the City Commission November 26, 2003 Page 3 There is an exemption, however, for amusement games or machines, operated within a bonafide arcade or amusement eenter,whieh in aceordanee with Seetion 849.161, Florida Statutes are: [C]oin operated and whieh by application of skill may entitle the person playing or operating the game or maehine to receive points or eoupons whieh may be exehanged for merchandise only, excluding eash and alcoholic beverages, provided the cost value of the merehandise or prize awarded in exehange for such points or coupons does not exeeed 75 eents on any game played. "Arcade amusement eenter" is defined in Seetion 849.161, Florida Statutes as "...a plaee of business having at least 50 eoin-operated amusement games or maehines on premises which are operated for the entertainment of the general publie and tourists as a bona fide amusement faeility." Therefore, Seetion 849.161, Florida Statutes, creates an exemption for a maehine or deviee that would othelWise be prohibited by Chapter 849, Florida Statutes, if the maehine is loeated in an areade amusement eenter and if, by applieation of skill, the player may reeeive a prize worth no more than seventy-five eents ($0.75). This exemption has been referred to as the "Chuek E Cheese Exemption". The owner's and operators ofthe easino style areades claim this exemption applies to their establishments. They claim the faet that a player must push a button, sometimes labeled with the word "skill", to stop the spiill1ing reels or images is a funetion of skill and not ehanee. It is elaimed that if a player plays enough, eoneentrates enough, and has fast enough reflexes, the player will be able to stop the reels, through the applieation of skill, and win a coupon redeemable for prizes. The Florida Attorney General was asked in 1995 whether the pushing of a button marked "skill" equals the application of skill required by Section 849.161, Florida Statutes. The Attorney General found that while the outeome ofthe game does not have to be wholly dependent upon skill, skill must be a faetor in the outcome. But, the mere pushing of a button marked "skill" would not, in and of itself, appear to eonstitute the applieation of skill for purposes of qualifying for the exemption under Seetion 849.161, Florida Statutes. The Attorney General went on to note that the information provided indieated that the objeets painted on the reels were impossible to identify due to the speed at which the reels turned, and that when the button was depressed the reels did not immediately stop spiill1ing, therefore under those faets, it appeared that the knowledge, attention, or praetiee of the player would not affeet the element of ehance that dominates the result of the play, and therefore the maehine would not qualify for the exemption in Section 849.161, Florida Statutes. The Honorable Mayor John F. Bush and Members of the City Commission November 26, 2003 Page 4 The Florida eourts have also looked at this issue. In Deeb v. Stoutamire, 53 So.2d 873, (Fla. 1951) the Florida Supreme Court eonsidered the meaning of the phrase "any element of ehanee or of other outeome of sueh operation unpredietable by him", and determined the element of ehanee or unpredietability is not supplied by the player, but must be inherent in the maehine. In other words, when considering whether a machine or deviee is exempt from the requirements of Seetions " 849.15 and 849.16, Florida Statutes, it must be determined that there is no ehanee or unpredietability in the maehine. Later, in State et al. v. Broward Vending, Inc., 696 So.2d 851 (Fla. 4th DCA 1997) the Fourth Distriet Court of appeal applied this standard when eonsidering whether slot maehines were properly seized under the Florida Contraband Aet. The Court found that if a player does not manipulate the levers to improve the seore, the maehine was preset for the player to win fifty-five (55) percent of the time, therefore while skill will improve the winning pereentage, the game has an inherent element of ehanee. As such, it is not exempt from Chapter 849, Florida Statutes. Most reeently, In re foifeiture of Forty-Seven Video Redemption Games v. Don Hunter, 799 So.2d 221 (Fla. 2nd DCA 2001), the Seeond District Court of Appeals found maehines seized to be slot maehines as defined by Seetion 849.16, Florida Statutes, and not subjeet to the exemption of Seetion 849.161, Florida Statutes. At trial the owner of the maehines testified that there was a ehanee a player eould win, without skill, just in proportion to the natural odds. He testified that eaeh reel eontained twenty-six (26) ieons and that without any use of skill, there was a 1 in 26 ehanee that the reel would stop on the proper ieon. It is important to note that Chapter 849, Florida Statutes, eontains no express preemption from further regulation by loeal governments. Conclusion While the exemption provided in Section 849.161, Florida Statutes, has been found to be limited in scope, there remain faet based determinations regarding whether a maehine ordeviee is exempt as an amusement game of skill. 1) If the maehine or deviee has an element of ehance inherent to it, the maehine or deviee is not exempt from the prohibitions of Seetion 849.15, Florida Statutes, and eannot be operated or possessed. 2) If the maehine or deviee does not have an inherent element of ehance, but is instead a skill based maehine, the same is exempt and may be permitted, provided the areade amusement eenter has at least fifty (50) maehines, is open to the general publie and tourists, and any award has a value ofless than $0.75 per game. The Honorable Mayor John F. Bush and Members of the City Commission November 26, 2003 Page 5 Recommendations 1. The City could do nothing and handle any applieation on a ease by ease basis. Anyapplieant which demonstrates to the satisfaction of staffthat the maehines are skill oriented, that there will be more than fifty (50) maehines within the amusement eenter, that the areade amusement eenterwill be open to the general pubie (whieh eould or should include ehildren), and that will only provide coupons with a value ofless than $0.75, may be approved. 2. The City eould amend the City Code to provide that any such use would be permitted by special exeeption only in an appropriate zoning distriet. This would provide a quasi-judieial forum whereby the applicant would have to demonstrate eomplianee with the Florida Statutes and City Code. This would allow the presentation of witnesses regarding faet determination of skill versus chanee. Where eomplianee with the Florida Statutes is demonstrated, the City eould impose additional reasonable eonditions to proteet the surrounding property owners and ensure the lawful existenee of the business. 3. The City could amend the City Code to provide additional regulations relating to gaming and areades to effeetively close the "loophole" claimed to exist in Chapter 849, Florida Statutes. I look forward to diseussing this issue at the Deeember 8, 2003 City Commission meeting. Anthony A. Garganese City Attorney AAG:jf Daytona Beach News-Journal Saturday, Nov. 8, 2003 Unlucky Spin: Eight video slot parlors raided, shut down By CINDY F. CRAWFORD Staff Writer Last update: 08 November 2003 Law enforcement officials raided and shut down eight adult arcade establishments in Volusia and St. Johns counties Friday afternoon, confiscating hundreds of video slot machines. Armed with search warrants and handcarts, police officers and sheriff deputies from five agencies burst into the casino-like businesses and wheeled 400 of the full-sized slot machines out the door and into awaiting U-Haul trucks. They also took manuals and business re<;ords. The Volusia County Sheriffs Office arrested one owner, John Manning, 43, of Gold Dust Casino in Deltona during the raid. He was charged with keeping a gambling house, a third- degree felony, and held on $25,000 bond. Charges for other owners are pending. Startled employees and customers scattered out of the arcades when the raids began simultaneously around 1 p.m. James Davis, an amputee, tried rolling his wheelchair into the Fabulous Nevada 21 in Ormond Beach to have a go at the slots, but a police officer stopped him at the entrance. "I am a member. I have money tied up in there," Davis angrily retorted as the officer turned him away. Later, several patrons flooded out of the Ormond Beach arcade after inteNiewing with police. They jumped into their vehicles and pulled down visors to shield their faces from television cameras. Besides raiding Fabulous Nevada 21, officers targeted Fantasy 21 and Lucky Spin in Edgewater; Gold Dust Casino in Deltona; Jokers Wild and Wild 777's in South Daytona; the Players Palace in Ormond Beach; and Mr. Lucky's Game Room in St. Johns County. Officers interviewed many patrons and asked some to fill out interrogation cards. But Sheriff Ben Johnson said the departments were not interested in arresting customers. "We're interested in stopping the problem," he said. Investigators seized the machines looking for proof that the computer chips inside were rigged to allow players to win a set number of times, making the slots "games of chance," which are illegal in Florida, said Gary Davidson, Sheriff's Office spokesman. Adult arcade operators claim the businesses are legal under a Florida law that allows "games of skill," which reward winners with prizes that cannot exceed 75 cents per game. Some call it the "Chuck E. Cheese exception" because it permits skeeball and other games at children's entertainment establishments such as the chain pizza parlors. To make the slot machines legal, owners claim a button has been added to allow players to stop the slot machines' circling oranges, watermelons and pineapples at a certain time and win. . But a two-month investigation conducted by law enforcement agencies from Ormond Beach, South Daytona, Edgewater, Volusia County and St. Johns County identified gambling experts who say the machines actually contain chips that are programmed to win or lose, Davidson said. "They are rigged to give a set payout," said Cpl. Brian Beery, a statewide expert on adult arcades working out of the Pinellas County Sheriff's Office. In fact, owners can set how many times a game lets players win, he said. For example, if the machine brings in $1,000 a week, the machine could be set to payout 20 percent to patrons and keep the rest, Beery said. To collect evidence for Friday's raid, officers went undercover, playing games at the arcades and taking notes on the types of machines used, First Assistant State Attorney David Smith said. That information was used to obtain the search warrants. -. Over the next few weeks, detectives with E~ach department will inspect the confiscated slot machines from the Vol usia County Sheriff's Office's evidence storage complex to be used in prosecution. "It's a technical process to determine if it's legal or not," Smith said. In similar raids, law enforcement agencies have closed down adult arcades across Florida's west coast, in Pinellas County, Hillsborou~lh County, Panama City and Sarasota. Pinellas County has been devoid of adult arcades for at least five years, Beery said. Because of their heavy enforcement of the law, no other owners have attempted to establish there. Instead they move into communities that are unaware of the law and make money until enforcement kicks in, he added. Tim Ivey, owner of Lucky Spin in Edgewater, said the arcade is his only one in Florida, but he has at least five more in other states. And Friday's raid caught him by surprise, he said in a phone interview from South Carolina. "I thought we were running legitimately under the law," Ivey said. "It cost us a lot of money to set up and they shut it down real quick." Ivey said he just read in the newspaper that Edgewater instituted a six-month moratorium banning future arcades while officials look into the legalities of the business. Vol usia County and other cities also have been considering bans. "If they had come out and told us we needed to take the machines out, we would have done so and moved out of town," Ivey said. Fantasy 21 co-owner John Miller also worried he would lose the $75,000 invested in the business that opened 90 days ago. He said he plans to meet with several other arcade owners and an attorney over the weekend to decide how to respond. Gold Dust Casino owner John Manning refused to comment as he was escorted in handcuffs to a sheriffs car. Janice Gelo and her boyfriend Bob Girard lost their jobs when police closed the doors of Lucky Spin in Edgewater. "Who is going to pay our bills?" Gelo asked. "Bob gave up a good job painting to do this. It's not fair." For customer Jane Rotolo, Lucky Spin's end meant a loss of more than 2,000 credits -- valued at about 5 cents each -- and a favorite hangout. . "I'm going to miss it," said the 54-year-old after pulling up in her Cadillac to see the place teeming with officers. She stuck around for a while, lamenting with fellow customers about the good times spent there, then got back in her car and drove away. cindy .crawford@news-jrnl.com -- Staff writers Patricio G. Balona, Mark I. Johnson and Kristen Moczynski contributed to this report . . ****.~~~.*w*ww***************************************** Loophole? What Loophole? Low-profile "legal" gambling operations are slipping into Florida under the door and through the transom BY NICK WEIDENFELD feed back@newtimesbpb.com Colby Katz Play for pay. Legally? "Financially," Ann insists, "I'm about even. I'm not a greedy person. I'm smart. If I get a hit that gets me 15 or 20 dollars, I take it." "Sure," Nancy agrees. "Not like this woman I saw the other day with $72 in the machine. So I said, 'Aren't you going to take that?' And she says, 'No.' I said, 'No?!' Then I see she's playing $2 a shot. She went right through that $72 and kept feeding the machine." Nancy tops that: "You know the woman who's always there with the big, blond, thick hair?" she says. "She's there all the time, you know? Well, she says she spends $500 a day there. She says she's about $100 a day ahead." . Ethel shakes her head. "What are you talking about?" a lady's yelling. "Are you talking about the Indians?" No, the ladies are not. They're not talking about the Seminole Casinos or even the cruises to nowhere: the two last bastions of legal gambling in Florida. For the next 20 minutes, as canasta players slowly fill up the Cypress Bend Retirement Community Game Room, Ann, Nancy, and Ethel, the oldest at 87, describe the latest fashion among Broward retirees: adult amusement centers. With a permanent-twilight lighting scheme and the cacophony of buzzers and bells, these establishments offer their patrons Vegas-style nights during lethargic Florida days -- precisely the experience that Floridians have continued to vote against legalizing. These casinos, euphemistically called "adult arcades," are big business in Broward County. Instead of cold hard cash, their slots payoff in coupons for use at Wal-Mart and Publix. These elderly women have already taken note, carpooling there three, four days a week. County authorities, however, have not. "Oh, and they're opening a third one," Nancy announces as the canasta game gets under way. "That makes three in just a quarter mile." "That's great," Ann replies, collecting hBr dominoes. "You see, for us seniors that have to sit around and watch stupid television all day, this is perfect. We're widows. We don't have a man to play with or talk to, so we go to there. We go there for fun." Fun? Possibly. But nearing 2 a.m. at Pompano's Treasure Island, it doesn't look like the guy at the "Queen Bee" slot machine is having any. There are four rows of slots in the room, about 60 in all, and at the moment, he's one of four people still trying his luck. He's not blinking much, and the only sign of life is his right hand, feeding the machine $5 bills. Occasionally, he sips a Diet Coke. His screen shows he's played 2,322 games. At 10 cents a spin, he's lost more than $200. Luckily, Treasure Island doesn't close until 5 am, so there's time to make a comeback. Adult arcade owners, like Treasure Island's Jean Fradette, will tell you that this form of entertainment -- which can bring in $30,000 a week -- is definitely legal. They don't call their establishments "casinos," despite the familiar decor. They don't call their machines "slots" either. They're "adult amusement machines" or "redemption machines," a term that gives the enterprise an appropriate religious undertone. In fact, Fradette sees himself as a do-gooder who happens to make a little money with his acts of kindness. "People come in and tell me, 'You saved my life,'" he says. "They were spending an obscene amount of money at the casinos, and they can come here and play all day and not spend very much money at all. For $100, you could play all day, if you want." Although Fradette himself refers to his business as a "little form of gambling," he insists that technically it's not. "It's entertainment," he says emphatically. He points to a large red sign that hangs on his wall, with the title "Florida Amusement Machine Center (Florida Statute)." It reads: "Amusement machines operate by means of the insertion of coins/dollars which by the application of skill may entitle the person playing the machine to receive points or coupons/tickets which may be exchanged for merchandise only, excluding cash or alcoholic beverages, provided the value of the merchandise in exchange for such points or coupons does not exceed 75 cents." In certain circles, Statute 849.161, a 1996 amendment to the state gambling law, is called the "Chuck E. Cheese exception." It passed primarily so places with the Whack-a-Mole-Iike games that kids play for teddy bear prizes could stay open. Of course, it didn't take long for an adult to learn how to manipulate the law. The typical casino slot, the "8 Liner," has 8 rows of spinning images -- like fruits, animals, and numbers -- that stop automatically. The player has no control, and there is no suggestion that it's a game of chance. "We have none of those," Fradette repeats. But he does have equivalent machines, with an added "skill-stop" feature. Now the player can push a button and stop, one by one, each row, which rolls down to a number or figure. Proprietors of these machines argue this puts the player in control, making these games of "skilL," which are perfectly legal. That was the birth of the loophole: the casino turned "adult amusement center." The loophole had been discovered before, of course. According to Phil McBride, president of the Florida Amusement Machine Association, a trade association representing slot machine operators, South Carolina experienced a bpom in' adult arcades in the late '90s as a result of a similar statute. Eventually, however, the state started shutting them down. In turn, the machines found their way into Georgia, which also found ways to confiscate them. "They were legal in GE~orgia," McBride explains, "until these assholes started stealing the money by putting in a hundred machines in one place. Those places looked like casinos." There were more than 30,000 such machines in Georgia, he asserts, and they had to go somewhere. Over the past decade, McBride says, the machines migrated south, chasing loophole legislation from Georgia to Alabama to Texas (where it's called "the fuzzy animal law"). "You got these whores who don't care how long they're there," McBride says of the greediest adult amusement center 'Owners. "They put these places up, take the money, and leave." About two and half years ago, Texas game operators did just that, leaving Texas for North Florida. Only recently have Tampa and Sarasota started shutting down these arcades and arresting owners for operating illegal gambling houses. This may very well explain their rise in South Florida over the past six months. But what about that loophole? Under the Chuck E. Cheese exception, what looks like gambling, sounds like gambling, even feels like gambling -- much to the dismay of Pat Fowler, executive director of the Florida Council on Compulsive Gambling, who says her helpline fields calls from adult arcade addicts -- is, legally speaking, not gambling. "There's a very fine line between adult ~}aming and gambling," contends Carol, who manages Treasure Island during the lunch shift. "A very, very fine line." So fine, in fact, that it doesn't exist. Cpl. Brian Beery of the Pinellas County Sheriffs Office, an expert for the state on video slot machines, clarifies the ambiguity of the law. "It's law enforcement's opinion that these machines are illegal," he states unequivocally. "They're not games of sleill. These machines are programmed to win or lose a certain amount of times. That makes them games of chance, and that is illegaL" There are other ways thEl machines violate the law, Beery adds. For example, they record the number of plays, and they accept dollar bills when they technically must be coin-operated. "Of course these machines are games of chance," argues Bob Jarvis, professor of Gaming Law at Nova Southeastern University and author of the aptly titled casebook Gambling Law. "Of course it's gambling. That's obvious." Then how does Treasure Island not only stay open for business but expand to the shop next door? How could Rio, directly across the street from Treasure Island, open recently? "It's not up to me," Beery explains. "It's up to each jurisdiction to make arrests. If they want to, they can." Beery recalls seven. or eight arrests that have been made this year up north, a surprisingly insignificant number. Still, if Tampa's done something about it, why hasn't Broward? Hugh Graf, spokesman for the Broward Sheriffs Office, has one possible answer: "Well," he says, "I'm not familiar at all with these things you're talking about." Although Broward's own town of Davie passed a moratorium in February on licenses for adult arcades, Graf isn't the only one in the dark. No one, not even the major corporations that are indirectly sponsoring these gambling houses, is aware of what's going on. One would think that Publix, Home Depot, and especially that juggernaut of self-righteousness, Wal-Mart, would have something to say about their brands' becoming the new currency of the noncasino. But they haven't. No one, apparently, knows anything. "It's not our policy to sell coupons to gaming houses," says Publix's Miami spokeswoman, Maria Rodamis. Policy or not, of all these corporations, Publix's involvement with this fad is especially problematic. According to Rodamis, unlike the other stores, which have moved to fully automated, credit card-like gift certificates, redeemable with merchandise or store credit, Publix offers cash back for their coupons. That way, a $20 gift certificate is easily converted into a pack of gum and $19.50 in real-life cash. Until Publix changes this policy (it has no plans to do so, Rodamis says), those coupons are as good as the money Ann and Nancy gamble with. Truth be told, even if BSO lets the iron 11st fall, it may not make much of a difference. Phil McBride, recognizing this, says he has even toyed with the idea of opening his own adult arcade. "I'm just leery about them changing the law," he says, "although even if they shut me down, I guess I could make up the money in six months." Cpl. Beery would tell McBride that, to put him out of business, the state wouldn't need to pass new legislation. But Beery would agree that, because of their portability, these businesses are almost foolproof. "They'll keep popping up here and there," Beery contends. "You can make money so quickly that it doesn't matter to these people if they're shut down." Gambling operations like Treasure Island can pull in $30,000 a week, he adds. So Beery says he's seen people spend an entire month's paycheck in one day. But you don't need a policeman to tell you that. Treasure Island, 3 a.m.: Muriel, the night-shift lady, is there with the guy who walks players to their cars after dark. He's a big guy, and he says he's worked at other 'adult arcades. Treasure Island is definitely the classiest, he says. Then he excuses himself to escort a woman out. Then you spot the guy who was here last week, one of two people left. His eyes are still unblinking. Occasionally, he sips his Diet Coke. His screen shows that he's played 2,702 games. This time around, though, he's betting a quarter a shot. newtimesbpb.com I originally published: October 9,2003 ********************************* CitY of Casselberry Mayor . 95 Triplet Lake Drive, Casselberry, Florida 32707 · Telephone (4(17) 262-7700, Ext. 1133 Fax (407) 262-7745 · Email commission@casselberry.org October IS, 2003 Senator Lee Constantine 378 Center.Pointe Circle, Ste. 1268 Altamonte Springs, FL. 32701-3442 Representative David J. Mealor 225 Waymont Court, Ste. 101 Lake Mary, FL 32746-3119 Representative David Simmons 393 Center Pointe Circle, Ste. 1427 Altamonte Springs, FL 32701-3444 Re: Adult Arcade Establishments Dear Gentlemen: The City Commission of the City of Casselberry has asked me to contact our legislative delegation to alert you to a loophole in the gambling statutes. Fla. Stat. 849.161, entitled "Amusement Games or Machines; when chapter inapplicable", creates an exemption from the general gambling prohibition in Chapter 894. It provides what is known as the "Chuek E. Cheese" exemption, allowing an arcade amusement center to offer games of skill by means of the insertion of a coin, and it allows persons playing the game to receive prizes not exeeeding a 75 cent value on any game played. This exemption is being used by so-called "adult arcade" establishments: . These establishments typically utilize "slot machines", give out gift certifieates as prizes, and offer free alcohol to customers. The proprietors of these establishments claim that the machines offer games of skill on the basis that the eustomers push a button labeled "skill", or on the basis that the eustomers can make the machine stop running by pushing a button. While it would seem that these businesses are violating the spirit and the letter of the law, law enforeement is sometimes reluctant to enforce the law because the exemption allows the proprietors to make the disingenuous argument that the machines are games of skill. Also, although the law prohibits cash prizes, the adult arcades skirt that requirement by awarding gift certificates. Senator Lee Constantine, Representative David 1. Mealor' Representative David Simmons October 15. 2003 Page 2 For this reason, the City Commission respeetfully requests that this matter be taken up in the next legislative session. We request that the statutory exemption be amended to specifically prohibit these kinds of "adult arcades", and to make the current exemption applicable to only true "Chuck E. Cheese" type establishments. I would be happy to discuss our coneerns further should you so desire. . Respectfully, I~ '. C-~ r Bruce A. Pronovost Mayor/Commissioner BAP:jr ce: Members of the City Commission City Manager City Attorney IIII!I~{:I"'=-I.'l:n.~':_ tr:Ti1lll..4'IIX..II"'~~~ ~;t:~'iF.1"1'1.I_ :~~lctli'~ DEC-01-2003 MON 12: 17 PM STENSTROM, MCINTOSH,COLBE FAX NO. 407 330 2379 p, 03 ,. fA3si !) f S 1- f2ettD, V\I ~ , ~ <:::;:.> ~.,'.,~..,..) .:;.~\p ORDINANCE 2003- 3821 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLES" AND XI AND SCHEDULES lIa",/'c", no", "E" AND flJ" OF '. THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD AS SET FORTH IN THE CITY OF SANFORD CllY CODE/CODE OF ORDINANCESj RELATING TO RESIDENTIAL ZONING DISTRICTS; RELATING TO THE MULTIPLE FAMILY RESIDENTIAUOFFICEnNSTITUTIONAL ZONING DISTRICT; RELATING TO PLANNED DEVELOPMENTS; RELATING TO DENSITIES AND INTENSITIES, LOT SIZES, OPEN SPACE, BUFFERS, WALLS AND GATED ENTRANCES, BUILDING HEIGHTS, BUILDING AREAS, LOCATIONS OF BUilDINGS. BUilDING REQUIREMENTS, SITE PLANNING, DEVELOPMENT GUIDELINES, PARKING, DESIGN STANDARDS, LANDSCAPING, AND ADULT ARCADE AMUSEMENT CENTERS; PROVIDING FOR AND AMENDING DEFINITIONS; AND AMENDING THE SANFORD CITY CODE/CODE OF ORDINANCES AND APPENDIX UA" THERETO (THE LAND DEVELOPMENT REGULATIONS) AND RELATING TO THE REGULATION OF ADULT ARCADE AMUSEMENT CENTERSj PROVIDING FOR LEGISLATIVE INTENTj PROVIDING FOR A DEFINITION; PROVIDING FOR APPROPRIATE (M12 AND RI1) ZONING DISTRICTS OR CLASSIFICATIONSfLAND USE CATEGORIES FOR ADULT ARCADE AMUSEMENT CENTERS AS CONDITIONAL USES/SPECIAL EXCEPTIONSj PROVIDING FOR REGULATIONS REGARDING THE LOCATION AND OPERATION OF SUCH USES AND FOR CONDUCT AT SUCH USES: PROVIDING FOR REGULATIONS PERTAINING TO SUCH USE.Sj PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR CONDITIONS OF USE; PROVIDING FOR OCCUPATIONAL LICENSE TAX REQUIREMENTS; AMENDING SECTION 16.12 TO PROVIDE FOR AN ADDITION TO THE SCHEDULE OF OCCUPATIONAL LICENSE TAX; PROVIDING FOR SEVERABILITYj PROVlDING FOR PENALTIES; PROVIDING FOR CODIFICATIONj PROVIDING FOR CONFLICTS AND A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE, (}~i;) ','. . WHEREAS, the City Commission of the City of Sanford desires to amend the Sanford City Code/Code of Ordinances (the Land Development Regulations of 1he City of Sanford as set forth in AppendiX f1A" thereto); and WHEREAS, the City has determined that adult arcade amusement centers require loeational standards and additional regulations and requirements to ensure and protect the public health, safety, morals and welfare; and ~~~L1;}~ WHEREAS, the City's Planning and Zoning Commission (Local Planning _~(;lI(:II.l'I:.!I.""';''' ,~,."..itUJC..II.rli'~ ...,~...'iIa.II)I__:"'1~lct..,,, DEC-OI-2003 MON 12:18 PM STENSTROM,MCINTOSH,COLBE FAX NO, 407 330 2379 Agency) held a public meeting, in accordance with State law on November 6, 2003 and considered all matters that are appropriately considered in accordance with the jurisdiction of that Commission under the codes and ordinances of the City of Sanford and State law; and :: WHEREAS, it is the intent of this Ordinance to, among other things, regulate adult arcade amusement centers that oftentimes mimic the look and feel of gambling venues, but are operated in accordance with Chapter 849, F/orida Statutes, (Gambling); and WHEREAS, the regulation of adult arcade amusement center venues ensures that such centers are permitted in the appropriate compatible land use designation/classification within the City of Sanford and that appropriate police powers are implemented, established and applied in order to ensure the reduction of any adverse secondary effects and in order to advance the public policy of protecting children and providing for appropriate uses in appropriate locations; and WHEREAS, the City Commission of the City of Sanford has concluded that other amendments to the City's Land Development Regulations as set forth in this Ordinance are necessary and desirable and will further enhance the quality of life of the citizens of the City of Sanford and result in further high "quality development within the City of Sanford; and WHEREAS, the City Commission of the City of Sanford held all required public hearings in accordance with the provisions of State law in order to solicit input fwm the public; and WHEREAS, the City Commission of the City of Sanford has determined that the provisions of this Ordinance are consistent with the objectives, goals and policies and other provisions of the City of Sanford Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE erN OF SANFORD, FLORIDA: SECTION 1. LEGISLATIVE INTENT. The above recitals set forth in the whereas clauses of this Ordinance are hereby adopted as the legislative intent for the enactment of this Ordinance. The City Commission of the City of Sanford hereby finds and determines that the provisions of this Ordinance advance a legitimate public purpose and promote and protect the public health, safety, morals and welfare of the public. Moreover, the City Commission of the City of Sanford has concluded that the provisions of this Ordinance are consistent with the requirements of State law iflcluding, but not limited to, the growth management laws of the State of Florida. SECTION 2. DEFINITION. The Sanford City CodelCode of Ordinances (the Land Development Regulations of the City of Sanford as set forth in Appendix "A~ p, 04 ""."j 01',.", (~.;..:, 1""::,1'," . . ., (:.:'D'), \-.' ~'.\~~.,\.' (!:'t.;.~':):. t\','. "l' ,\ .. ..,\0....: _:-(:l...=--a.";n.~': IEJiII".A,uJC..a",~,~ ~,:~"iIa."11 :~~lct.'l~ DEC-01-2003 MON 12:18 PM STENSTROM,MCINTOSH,COLBE FAX NO, 407 330 2379 p, 05 (:~!./;::) thereto) is amended to add the following definition: Adult Arcade Amusement Center means an arcade or other similar entertainment enterprise or business at which eleptronic, mechanical, computer or other similar games of amusement, chance or skill are played, whether for consideration or not The presence of games or gaming devices that are similar to, or in the nature of, slot machines shall result in a rebuttable presumption that the enterprise or business at which such machines are located is an adult arcade or amusement center. Adult arcades or amusement centers shall be refarred to herein from time-to-time as "the enterprise or business.. <~:;:~,;~:; SECTION 3. PROVISIONS RELATING 1:0' ADULT ARCADE AMUSEMENT CENTtRS. The Sanford City Code/Code of Ordinances (the Land Development Regulations of the City of Sanford as set forth in Appendix uN thereto) is hereby amended by adding th~ following provisions: (a). Adult Arcade Amusement Centers/Conditional Uses. Adult ar(:ade amusement centers are hereby permitted in the Ml2 and RI1 land use categories/zoning districts or classifications upon the granting of a conditional use/special exception issued in accordance w!th the processes and procedures set forth in this Code; provided, however that bona fide charitable organizations that have been awarded Se~ion 501 (0)(3) status under the Intemal Revenue Code of the United States may operate five (5) or fewer games of amusement, chance or skill on their premises which operation would otherwise subject the premises to regulation under the provisions of this Ordinance. (b), Locational Standards for Adult Arcade Amusement Centers. (1 ). Location. No conditional use/special exception shall be granted for an adult arcade amusement center that would be located within 1,500 feet of another adult arcade amusement center, a public or private school, a day care facility, a church pr house of worship, a public library, alcoholic beverage establishment or a public park. The required 1,500 foot minimum separation shall be measured from the nearest point of one establishment to the nearest point of the other establishment in a straight line. An adult arcade amusement center shall not be located within the same development, plaza or center as any ather.adult arcade amusement center regardless of separation distances. (2). Hours of Operations: Adult arcade amusement centers are prohibited from being open past 11 :00 p.m. and prior to 9:00 a.m. (3). Signage: The use of any imagery on a sign referencing gambling including, but not limited to, slot machines, poker wheels, or any other similar machine or device shall not be permitted when visible from the exterior of the enterprise or i:e~f~:.;;: business including, but not limited to, wall signage and window signage. The use of 1III!II~(:lti(:a.'l::l'.~'~_ l~t)....ilIIJC..a"'i'~ ~.:..."Ei...u_ :~"lctll"" DEC-01-2003 MON 12: 19 PM STENSTROM,MCINTOSH,COLBE FAX NO, 407 330 2379 p, 06 strip lighting is prohibited. (4). Parking: Parking requirements for adult arcade amusement center shall ~e prescribed in the development order granting the ponditional use/special exception. (c). Special Permit Criteria. The following requirements shall apply to all adult arcade amusement centers and shall be set forth as conditions in all conditional uses/special exceptions issued to permit an adult arcade amusement center. {::;:~:') t, .~:. .1 . ...t~~.." (1). The person operating or conducting the enterprise or business shall inform the City Manager, or designee, as to changes in the information required in this Section. . (2). A permit shall not be issued if a person with an interest in the enterprise or business, or an employee of the business, has been convicted of a violation of a Federal or State statute or any local ordinance pertaining to gambling or any other crime involving moral turpitude within five (5) years preceding the application for th'e conditional use/special exception. (3). The applicant shall be twenty~one ~21) years of age or more, (d). Occuoational License and Registration. The requirements set forth ,,\V..',,~ herein for the applicant for the conditional use/special exception shall apply to each \i~i;9.) and every subsequent owner and operator of the enterprise or business operating under the condition use/special exception: (1 ). As a prerequisite to the Issuance of an occupational license for the enterprise or business, an inspection shall be made of the premises by the City Building Official, the City Fire Marshall, and the City Chief of Police, or their designee, each of whom must approve the issuance of such occupational license. (2). Registration for each amusement device, however operated, is required at the time of application for an occupational license. For each machine registered, a numbered metal tag or plastic decal shall be issued to the applicant for each machine so ,covered. Application for machine registration stickers must disclose the location where the machine is to be operated, the manufacturer of the machine, the manufacture~s serial number, and the software version, if any. Registration stickers are not transferable from person to person, place to place, or machine to machine. No machine will be eligible for a registration sticker if its operation involves any material elements of chanc:e, unless: (A). The applicant submits with the application, satisfactory proof that the applicant has registered with the United States Department of Justice pursuant to 15 United States Code 1171, and C~'1rt:) '-.\\v 1III!III~(:I...:a~'HII.~'~ tr:Till,....tUX..II.Jli'~ ~,:....,iEt...]. :~"'Cct.i'''' DEC-01-2003 MON 12:19 PM STENSTROM, MCINTOSH,COLBE FAX NO, 407 330 2379 p, 07 (~.;);.;.~; .... (B). The applicant submits with the application, the records required under Federal law to be maintained by those who register under 15 United States Code 1171, and certifies the machine bears the permanent markiflg required by Federal law. '. (3). The applicant shall keep the registered machines, the records of acquisition, location and disposition required by Federal law, and records of prize awards open to police inspection at any time. (e). Applications. No person shall operate or conduct an adult arcade amusement center for use by the general public in the City for the reward of money or othHr reward without first obtaining an occupational license. A person desiring to apply for such a license shall make an application therefore in writing on a form prescribed by the City Manager, or designee, which application shall set forth, at a minimum, the following: (1). The name under which the enterprise or business is to be conducted; (2). The location at which the enterprise or business is to be carried on; (3). The name, address, and principal occupation of every person with an interest in the enterprise or business; "t.";,-", " ..\ \2~N:\'V (4). The number of machines to be exhibited; (5). The serial numbers, manufacturer, and name of each machine; and (6). Whether the applicant has ever been engaged in operating an amusement arcade, of whatsoever type or nature, and when, where and how long in each place within five (5) years preceding the date of application. (f). OQ.erations. The adult arcade amusement center shall conform to the following requirements: (1). An adult who is twenty-one (21) years of age or older shall be on the premises of the adult arcade amusement center and shall supervise the operation thereof at all times during all hours of operation. (2). No alcoholic beverages including beer and wine shall be consumed on the premises of an adult arcade amusement center. (3). No person under the age of eighteen (18) years is permitted on the premises of an adult arcade amusement center before 4:00 p.m. on any day the public or private schools are in session, unless such person is accompanied by his or her .f.~' "i~ f'i~>~j~.. parent or legal guardian. . _... -..... _1:...,.....1111 DEC-01-2003 MON 12:19 PM STENSTROM, MCINTOSH,COLBE FAX NO, 407 330 2379 p, 08 (4). The violation of any of the provision of this Ordinance shall be sufficient reason for the City Commission to revoke the conditional use/special exception issued for the enterprise or business. : . t;;;:}\.\\ ~:.<:'7,J .. '. (9). Peace Disturbances: Gamblin!]: Intoxicated Persons: Minors. No licensee or owner of any adult arcade amusement center, or any servant, agent or employee of such a licensee or owner, shall permit upon the premises housing a mechanical amusement devise arcade any of the.following: (1 ). Disorderly persons; (2). Gambling, or the use, possession or presence of gambling paraphernalia; (3). Intoxicated persons to loiter on the premises; (4). Loud noise or music to emerge from the licensed premises, which noise or music is disturbing to the surrounding area; and (5), Any licensee or owner, or any servant, agent or employee thereof, shall be presumptively deemed to have pennitted the conduct enumerated in subsection (5) hereof jf it occurs on the premises housing an adult arcade amusement center. SECTION 4. AMENDMENT TO SECTION 16.12: ADDITION TO THE SCHEDULE OF OCCIPATIONAL LICENSE TAX. The provision of Section 16.12, Sanford City Code/Code of Ordinances, are amended to add the category "ADULT ARCADE AMUSEMENT CENTER" and the license tax of $225.00 is hereby established for that classification of business and this provision shall be added to the table SElt forth in the said Section 16.12. ."....... " .,',. \~({E) SECTION 5. AMENDMENT TO ARTICLE II (LAND USE. ZONING. AND PERFORMANCE CRITERIA) OF CITY LAND DEVELOPMENT REGULATIONS. The provisions of Article II of the City of Sanford Land Development Regulations (Land Use, Zoning, and Performance Criteria) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit "AD to this Ordinance which Exhibit is incorporated herein by this reference thereto as if fully set forth herein verbatim. SECTION 6. AMENDMENT TO ARTICLE XI (GLOSSARY) OF CITY LAND DEVELOPMENT REGULATIONS. The provisions of Article XI of the City of Sanford Land Development Regulations (Glossary) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit .Bn to this Ordinance which Exhibit is incorporated herein by this reference thereto as if fully set. forth herein verbatim. ,:.~..\ .'.\-~~~... ", ""''''') \~'.L"> ~:(;lI(;a""~II.~t:_ Ir:riIIl......l!l"..aIJlill ~;J:...,iIa.IIJ..__:N1~lct.~'~ DEC-01-2003 MON 12:20 PM STENSTROM, MCINTOSH,COLBE FAX NO, 407 330 2379 {~i';:1;;)~ SECTION 7. AMENDMENT TO SCHEDULE "B" (PERMITTED USES) OF CITY LAND DEVELOPMENT REGULATIONS. The provisions of Schedule "B- of the . City of Sanford Land Development Regulations (Permitted Uses) as set forth in the Sanford City Code/Code of Ordinances is amendecj as set forth in the provisior:ls of Exhibit MC" to this Ordinance which Exhibit Is incorporated herein by this reference thereto as if fully set forth herein verbatim. SECTION 8. AMENDMENT TO SCHEDULE lie" (AREA AND DIMENSION REGULATIONS) OF CITY LAND DEVELOPMENT REGULA ]"IONS. The provisions of Schedule lie" of the City of Sanford Land Development Regulations (Area and Dimension Regulations) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit "0- to this Ordinance which Exhibit is incorporated herein by this reference thereto as if fully set forth herein verbatim. SECTION 9. AMENDMENT TO SCHEDULE "0" (PLANNED DEVELOPMENT PROJECT REGULATIONS) OF CITY LAND DEVELOPMENT REGULATIONS. The provisions of Schedule 110" of the City of Sanford Land Development Regulations (Planned Development Project Regulations) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit -Ed to this Ordinance which Exhibit is incorporated herein by this reference thereto as if fully set forth herein verbatim. ~.;~;~:'j SECTION 10. AMENDMENT ~TO SCHEDULE "E" (ADDITIONAL :;!;~~,:i ~EQUIREMENTS AND PROVISIONS FOR SPECIFIC USES) OF CITY LAND DEVELOPMENT RE~ULATIONS. The provisions of Schedule "E" of the City of Sanford land Development Regulations (Additional Requirement and Provisions for Specific Uses) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit IIFlI to this Ordinance which Exhibit is incorporated herein by this reference thereto as jf fully set forth herein verbatim. SECTION 11. AMENDMENT TO SCHEDULE "J" (LANDSCAPE. BUF:E5R AND TREE REQUIREMENTS) OF CITY LAND DEVELOPMENT REGULATIONS. The provisions of Schedule "IN of the City of Sanford land Development Regulations (Landscape, Buffer and Tree Requirements) as set forth in the Sanford City Code/Code of Ordinances is amended as set forth in the provisions of Exhibit "G" to this Ordinance which Exhibit is incorporated herein by this reference thereto as If fully set forth herein verbatim. SECTION 12. PENALTIES. f:i.fPt~ (a). Any person, firm, corporation or agent who shall violate any provision of this Ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding sixty (60) days. Either or both penalties may be imposed. Each day during that any violation occurs constitutes a separate offenSE~. p, 09 " '. _;:(:.IM"~fz;:ri....,~ " .r:J'iII'.....l.lIx..II.rli~~ ...,:...,a.1I11l :~"[ct.i''{' ., DEC-01-2003 MON 12:20 PM STENSTROM, MCINTOSH,COLBE FAX NO, 407 330 2379 (b). Nothing herein contained shall prevent the City from taking such other lawful action in~luding, but not limited to, resort to equitable legal actions as it deems necessary to prevent or remedy any violation of this Ordinance or other' code enforcement processes and procedures as authorized by the provisions of Florida law. SECTION 13. SEVERABILITY. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this Ordinance. SECTION 14. CONFLICTS/REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Emergency Ordinance Number 3809 and any re~E~nactments thereof, are hereby repealed. SECTION 15. CODIFICATION. It is the intention of the City Commission of the Cit}' of Sanford, FloridCJ, and it 'is hereby ordained that the provisions of this Ordinian~ shall become and be made a part of the Sanford City Code/Code of Ordinances (the Land Development Regulations of the City of Sanford as set forth in Appendb< aA~ thereto); that the Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intention; that the word, "Ordinance,' may be changed to aSection,~ "Article," or other appropriate word; that the code codifier is granted the authority and discretion to codify the provisions of this Ordinance In multiple places to aid in the refE!rences to the provisions hereof; provided, however, that Sections 12, 13, 14. 15 and 16 shall not be codified. The Code codifier is granted liberal authority to move the provisions of this Ordinance to appropriate sections within the Sanford City Code/Code of Ordinances and to modify or change the charts set forth in the Sanford City Code/Code of Ordinances in order to implement the provisions of this Ordinance and to assist the users of the Sanford City Code/Code of Ordinances. SECTION 16~ EFFECTIVE DATE. That this Ordinance shall become effe~ctive immediately upon passage and adoption. PASSED and ADOPTED this day of ,2003. City Commission of the City of Sanford, Florida Mayor Brady Lessard Attl~St: Janet R. Dougherty, City Clerk p, to ,,"., /'''''''''') (:~;>:!:' -, " ((,~:--:> I' I \,~. \' i,I ~~J;Y,~,,, I~"{~i\t,~. t".",..) \~~~}:... 1~11.,.UltJC__II:I~ -_....~~- MC I NTOSH, COLBE ....,-....: ~ MON 04: 42 PM STENSTROM, - DEC-OI-2003 . _ . , - Bt: a'3Jo;J Jrv' PUll lld~:lO::l, _,i. 'pt?p\.lSeg 0\ ;) laM sapeqs a~afl\ slQ5J!1 WOJJ J}oa:l{t' l~wn pp,pq~ JOJ p3ll!J ,nH ~u!l!or ,(lTJn:>~9 Jr pue SlJ!l )JB1S SI1U saM qsn~ -lt~h:g 10 '1Jl1:l~le r U~IS' ,,In U' lllJOJ ,{<t lU!( 10~ 'sp U ~U15 Ul 'Jua ailtUld lnq 'p os St?, po\tJ 'w'd pdlU -Ul!\' __:t..,,,.(et.~l~ ~.:.."iF.'i.ln. FAX NO, 407 330 2379 1;JJJaS-1ildns ... "".", ~::lJOd J!V '..., "ll~lU P. 02 s.lad l'C1.{M JO ;l .;)J1J PUll (OUUO SJJlJod:>J tl nsns aaS' lOu Plno;) "loq pue " '" -."... >I.lOOP "1.' _......1 . A22 OrlQnrJo S~ulJbel ----.:..-~_......""""'- ~~-----=:;:::-- OF K.o\THI.n'N M. WALTZ Publisher tJnd PrcsidwI -~ TIMOTHY ~ flUliI'<UN Slilor'mll Yrct' J+e,ficJmt ~-- Orlando Sentinel FOUNDED 1876 ELAINE C lOU.MERMal7agil1.~ E.dito/, 1;\N~E. H&uV Editorial Ft.lgt! Ediror MANNING PYNN J1J.blic r:.Htur --------- Missing backbone Our position: Sanford city commissioners should have banned casino-like arcades. Sanford commisSioners had an opportunity to take a litrong' stand against casj- no..like video arcades in the city. Insteud commissioners chick- ened out. Commissioners With backbone would ha\le voted to ban the video machines, which function similar to slot machines and payout With coupons that can be redeemed for prizes. Instead commissioners showed their lack of fortitude and leadership Monday when they de- cided instead to "regulate" the ar- (:ades. ThaI' Vote for regulation Was tac- It apProval of the expansion of gambling in l'his community. Com- missioners should have rejected the advice of Sanford City Manag- . cr AI Grieshabel' Jr., who said. lilt's not for us to say if t'hey are legal Or illegal. II Wrong, MI'. Grieshaber. That IS precisely the role of Commission_ ers. TlICY had lln obligation to say that these adult-game arcades are unacCeptable, Tough luck jf the or. cade operator doesn't like it. The COmmissioners' deciSion -R~ PU( played right into the hands of casi- no interests that have beell t~ng for years to wear down the resist_ ance of voters who have repeatedly rejected an expansion of leg'alized gambling in Florida. The gambling industry hus proven that, given an inCh, it will take 10 miles. Efforts to introduce adult-game arcades have increased becaUse operators now are trying to twist a law that allows Prizes for g~mes of skill. But dropping a coin Or token in a slot is hardly a game of skill. State lawmakers need to clarify the law next session to lnake cleor that these video arcades are not al- lOWed by the Florida Constitution. Until then, lOcal goveznments__ eWes and COunties - have a duty to ban these games, not regulate them, And if they have to fight a laWSUit, well, then go at it. SOme things are worth a legal fight, and this is one of them. Vol usia, St. Johns and Duval COunties have taken the hard line and raided these arcades when they open. That's because they Consider them illegal. Othercoul1_ ties should follow suit. IJnti~t~ ~___ .