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HomeMy WebLinkAboutOrdinance 2004-03 Slot Machines ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "LICENSES AND BUSINESS REGULATIONS"; ESTABLISHING A NEW SECTION 10-115, ENTITLED "SLOT MACHINES OR DEVICES"; PROVIDING FOR A DEFINITION OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS Section 849.15, Florida Statutes, prohibits businesses from permitting the operation of or using or keeping slot machines or devices; and WHEREAS, Section 849 .16( 1), Florida Statutes, defines slot machines as any machine or device used in such a way that as a result of the insertion of money or other object, the machine is caused to be operated, and if the user by reason of any element of chance or other outcome unpredictable by the player may be entitled to a prize or replay; and WHEREAS, Section 849.161, Florida Statutes, provides a limited exemption for amusement games or devices, which are operated within a bona-fide arcade or amusement center, with fifty (50) or more machines or devices and which strictly through the application of skill a player may become entitled to receive points or coupons which may be exchanged for merchandise, excluding cash and alcoholic beverages; and WHEREAS, businesses known as "Adult Arcades" or "Adult Arcade Amusement Centers" have begun to operate within cities and counties across Florida providing casino styled gaming, which significantly and adversely affect the public health, safety, and welfare of the citizens, residents and tourists of those areas; and WHEREAS, despite the fact that these businesses use slot machines, these businesses are attempting to use the state law exemption, commonly referred to as the "Chuck E' Cheese" exemption, found in Section 849.161, Florida Statutes, in order to operate their businesses; and WHEREAS, it has been determined by the Florida courts that machines or devices that are determined to have an inherent element of chance are not exempt under Chapter 849, Florida Statutes. Deeb v. Stoutamire, 531 So. 2d 873 (Fla. 1951); In Re Forfeiture of Forty-Seven Video Games v. Hunter, 799 So. 2d 221 (Fla. 2nd DCA, 2001) (Based upon the testimony of the owner/operator of an adult arcade amusement center the court found that there was an inherent element of chance in the forfeited slot City of Winter Springs Ordinance No. 2004-03 1 of 4 machines, as the player could win, without any application of skill, purely in proportion of the natural odds, i.e., there was a 1 in 26 chance that the spinning reels would stop on the proper icon, should the player randomly press the stop button.); and WHEREAS, the State of Florida has prohibited all forms of gambling, including the operation of any kind of slot machines, and gambling is punishable as a misdemeanor under the Florida Statutes; and WHEREAS, the City Commission finds that slot machines or devices can lead to gambling addictions, along with the secondary consequences that such additions impose upon the community, including increases in crime, debt, suicide and other negative effects on the health, safety and welfare of the residents and visitors of the areas where these devices exist; and WHEREAS, the City of Winter Springs has the duty and authority, through its police powers, to ensure appropriate regulation, licensing and permitting of businesses; and WHEREAS, both the State of Florida and Seminole County have prohibited all forms of gambling, including the operation of any kind of slot machines, and gambling is a misdemeanor under the statutes; and WHEREAS, stricter local regulation of these gaming or slot machines is permissible provided such regulations are not in conflict with the State laws; and WHEREAS, this ordinance is intended to provide stricter regulations of gaming or slot machines than those provided by Chapter 849, Florida Statutes and to prohibit all commercial casino type slot machines as defined herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be necessary in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, The City Commission ofthe City of Winter Springs, Florida hereby ordains as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Commission ofthe City of Winter Springs. Section 2. Code Amendment. That Chapter 10, entitled "Licenses and Business Regulations," of the Code of Ordinances, City of Winter Springs, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 10. It is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 10 - LICENSES AND BUSINESS REGULATIONS City of Winter Springs Ordinance No. 2004-03 20f4 * * * ARTICLE IV. AMUSEMENTS * * * Sec. 10-115 Slot Machines and Devices (a) Purpose and Intent. The purpose and intent of this section is to regulate and prohibit, within the City of Winter Springs, Florida, slot machines or devices and casino-type slot machines as defined in this section or as prohibited by Chapter 849, Florida Statutes. (b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanmg: (1) Slot machine or device shall mean an amusement machine, device, game or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a game, contest of skill or amusement of any description, which device, machine, game or instrument is similar to, or in the nature of a casino-type slot machine (2)Casino-type slot machine shall mean a machine, device, game or instrument which is prohibited by Section 849.16, Florida Statutes, and which, by means of skill or chance, or both, has as its obiect the lining up of two or more colors, lights, or spinning obiects, or any combination thereof. (c) Slot machine or device prohibited. (1) It shall be unlawful to have, own, operate, use or allow another to have, own operate or use a slot machine or device in the City of Winter Springs, and slot machines or devices are hereby prohibited in the City of Winter Springs. (2) No occupational licenses shall be issued by the city for any business, enterprise, or organization that proposes to operate a slot machine or device in the City and no occupational license shall be issued by the City for a slot machine or device. (d) Exemption. This section is not intended to and specifically does not regulate: (1) merchandise vending machines; (2) coin-operated mechanical or electrical musical instruments or devices; (3)coin-operated amusement devices that are not in the nature of. or similar to, casino- type City of Winter Springs Ordinance No. 2004-03 30f4 slot machines: or (4) coin-operated amusement devices that may be in the nature of or similar to casino-type slot machines or devices. which are not used for commercial or betting purposes but kept only for purposes of display. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission ofthe City of Winter Springs, Florida, and as provided by City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, this 23rd. day of February ,2004. ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: February 9, 2004 Second Reading: February 23, 2004 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2004-03 40f4 NOTICE OF ORDINANCE CHANGE CITY OF WINTER SPRINGS Notice of Amendment of Chapter 10, Pertaining to Adult Entertainment Establishments ORDINANCE NO. 2003-41 AN ORDINANCE OF THE CITY OF W1NTER SPRINGS, FLORIDA "AMENDING CHAPTER 10, ARTICLE III, OF THE WINTER SPRINGS CITY CODE PERTAINING TO SEXUALLY ORIENT. ED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MAT. TERS; PROVIDING FOR A SHORT TITLE; PROVlDING FOR LEGISLATIVE PURPOSES, FIND. INGS AND INTENT; PRO'v1DING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZ. ING OBSCENITY AS UNLAWFUL; PROvlDING FOR DEFINITIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVlDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVID. ING FOR CLASSIFICATION OF LICENSES; PRO'v1DING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLI. CANTS; PROVIDING FOR INVESTIGATIONS; PROVIDING FOR REAPPLICATION; PROVID. ING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PRO. VIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPART. MENTS; PROVlDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVID. ING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAlLY REGISTERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGA. TIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTAB. LISHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PROHI. BITIONS; PROVIDING FOR LICENSEE CONSENT; PROvlDING FOR SPECIFIC PROVISIONS RELATING TO VARlOUS CATEGORIES OF LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PRO. V1DING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COM:.IERCIAL BODILY CONTACT ESTABLISH.MENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULA. TIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULA. TIONS FOR ADULT :.IODELS; PROV1DING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS; PRO. VIDING FOR RECORDS ",'lD REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROH.lBITIONS; PROV1DING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROvlD. ING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PRO- HIBITING SEXU.A.L ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECU- TIOCl FOR CERTAIN GOV1iRNl-.lENT OFFICLA.LS AND ACTS; RESTATING THAT ADULT ENTERTAINl-.lENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DlSTANCE REQUIREMENTS FROM RESIDENTLA.L AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATION.A.L AREAS; PROvlDING FOR REPE.A.L, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Public Hearing will be for the 2nd of Three Readings) Notice Establishing a New Zoning District ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAMBLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Public Hearing will he for the 1st 0f Two Readings) Notice Regulating Adult Amusement Centers ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA, REGULATING ADULT ARCADE AlvIUSEMENT CENTERS; PROVIDING A DEFINITION OF ADULT i\RCADEAMUSEMENT CENTERS; PROVIDING FOR ZON- ING AND LOCATIONAL STANDARDS, OPERATIONAL STANDARDS, PERMIT, LICENSE AND OTHER STANDARDS; PROVIDING TECHNICAL CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEiu. OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Public Hearing will be for the 1 st of Two Readings) The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE READING OF THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, JANUARY 26, 2004 AT 6:30 P.M. OR SOON THEREAFTER AT THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m" .iYlonday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more Information, call (407) 327-1800 #227. Persons with disabilities neediirg assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at the. meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting: you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. NOTICE IS HEREBY GIVEN THAT THE CITY OF WlNTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDI. NANCE TO THE WINTER SPRINGS CODE OF ORDINANCES: Notice of Amendment to Chapter 10, ad Section 10-115, Slot Machines and Devices ORDINANCE NO. 2004.03 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, EN. TITLED 'LICENSES AND BUSINESS REGULA. TIONS'; ESTABLlSHING A NEW SECTION 10,115, EN. TITLED 'SLOT MA. CHINES OR DEVICES'; PROVIDING FOR A DEFI. NITION OF AND PROHIB. ITlNG THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF WINTER SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS, I NCORPORA. TION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. A PUBUC HEARING FOR THE 2ND AND FINAL READING ON THE PROPOSED OR- DINANCE WILL BE HELD ON MONDAY, FEBRUARY 23, 2004 AT 4:30 P.M. OR SOON THEREAF. TER,IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE RDAD 434; WINTER SPRINGS, FLORIDA Interested parties are ad- vised that they may appear at the meeting and be heard with respect to the proposed ordinance. The proposed or- dinance may be Inspected by interested partIes be- tween 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, lo- cated at 1126 East State Road 434, Winter Springs, Florida. For more informa- tion call (407) 327-1800 #227. Persons with disabilities needing assistance to partic- ipate in any of these pro- ceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing: If you decide to appeal any recommendali or declsian made by the City Commis- sion with respect to any matter consIdered at this meeting, you will need a re- cord of the proceeding and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based. CSE5484018 FEB12,2004 Notice Regulating Adult Amusement Centers ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING ADULT ARCADE AMUSEMENT CENTERS; PROVIDING A DEFINITION OF ADULT ARCADE AMUSEMENT CENTERS; PROVIDING FOR ZON- ING AND LOCATlONAL STANDARDS, OPERATIONAL STANDARDS, PERMIT, LICENSE AND OTHER STANDARDS; PROVIDING TECHNICAL CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Public Hearing will be for the I st of Two Readings) The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE READING OF THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, JANUARY 26, 2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needihg assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which tu.e appeal is based.