December 10, 2019
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Senate Bill 1940

Senate Bill sb1940

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1940

    By Senator Geller





    31-1444-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to arcade amusement centers;

  3         amending s. 849.161, F.S.; revising provisions

  4         exempting certain amusement centers from the

  5         application of gambling regulations;

  6         restricting use of points or coupons received

  7         by players; clarifying a reference; providing

  8         for local governments to establish or amend the

  9         zoning map designation of a parcel or parcels

10         of land or change the actual list of permitted,

11         conditional, or prohibited uses within a zoning

12         category with respect to arcade amusement

13         centers; authorizing local governments to limit

14         the hours of operation of arcade amusement

15         centers and limit the number of machines in

16         such centers; providing an effective date.

17  

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

19  

20         Section 1.  Section 849.161, Florida Statutes, is

21  amended to read:

22         849.161  Amusement games or machines; when chapter

23  inapplicable.--

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

25  taken or construed as applicable to an arcade amusement center

26  having amusement games or machines which operate by means of

27  the insertion of a coin and which by application of skill may

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

29  receive points or coupons which may be exchanged for

30  merchandise only, excluding cash and alcoholic beverages,

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

                                  1

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






    Florida Senate - 2004                                  SB 1940
    31-1444-04                                              See HB




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

 2  on any game played. All points or coupons received by a player

 3  may be exchanged only at the same business location where the

 4  game or machine operated by the player is located. No points

 5  or coupons received by a player may be exchanged for any gift

 6  certificate or similar conveyance which is redeemable at

 7  another business location.

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

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

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

11  minimum of 6 functional diesel fuel pumps, having amusement

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

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

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

15  receive points or coupons which may be exchanged for

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

17  Florida Lottery products, excluding alcoholic beverages,

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

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

20  on any game played. All points or coupons received by a player

21  may be exchanged only at the same business location where the

22  game or machine operated by the player is located. No points

23  or coupons received by a player may be exchanged for any gift

24  certificate or similar conveyance, excluding any Florida

25  Lottery product, which is redeemable at another business

26  location. This subparagraph applies only to games and machines

27  which are operated for the entertainment of the general public

28  and tourists as bona fide amusement games or machines. This

29  subsection shall not apply, however, to any game or device

30  defined as a gambling device in chapter 24 of Title 15 U.S.C.

31  under s. 1171, which requires identification of each device by

                                  2

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






    Florida Senate - 2004                                  SB 1940
    31-1444-04                                              See HB




 1  permanently affixing seriatim numbering and name, trade name,

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

 3  the United States Attorney General, unless excluded from

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

 5  shall not be construed to authorize video poker games or any

 6  other game or machine that may be construed as a gambling

 7  device under Florida law.

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

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

10  designed and manufactured only for bona fide amusement

11  purposes which game or device may by application of skill

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

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

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

15  accumulated free replays only by reactivating the game or

16  device for one additional play for such accumulated free

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

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

19  a gambling device in chapter 24 of Title 15 U.S.C. under s.

20  1171, which requires identification of each device by

21  permanently affixing seriatim numbering and name, trade name,

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

23  the United States Attorney General, unless excluded from

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

25  shall not be construed to authorize video poker games, or any

26  other game or machine that may be construed as a gambling

27  device under Florida law.

28         (c)  Nothing in this subsection shall be taken or

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

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

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

                                  3

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






    Florida Senate - 2004                                  SB 1940
    31-1444-04                                              See HB




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

 2  with respect to arcade amusement centers, any local government

 3  may exercise such power as provided by law.

 4         (2)  The legislative and governing body of a county or

 5  municipality shall have the power and authority to limit the

 6  number of hours of operation of arcade amusement centers and

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

 8         (3)(2)  The term "arcade amusement center" as used in

 9  this section means a place of business having at least 50

10  coin-operated amusement games or machines on premises which

11  are operated for the entertainment of the general public and

12  tourists as a bona fide amusement facility.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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

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