December 10, 2019
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Senate Bill 1940

Senate Bill sb1940c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                  CS for SB's 1940 & 2636

    By the Committee on Regulated Industries; and Senator Geller





    315-2454-04

  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 the use of points or coupons

  7         received by players in arcade amusement

  8         centers; clarifying a reference; prohibiting

  9         gambling devices at arcade amusement centers;

10         providing that, with respect to arcade

11         amusement centers, local governments may

12         establish or amend the zoning map designation

13         of a parcel or parcels of land or change the

14         actual list of permitted, conditional, or

15         prohibited uses within a zoning category;

16         authorizing local governments to limit the

17         hours of operation of arcade amusement centers

18         and limit the number of machines in such

19         centers; providing an effective date.

20  

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

22  

23         Section 1.  Section 849.161, Florida Statutes, is

24  amended to read:

25         849.161  Amusement games or machines; when chapter

26  inapplicable.--

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

28  taken or construed as applicable to an arcade amusement center

29  having amusement games or machines not proscribed by s.

30  849.15, which operate by means of the insertion of a coin and

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

                                  1

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    Florida Senate - 2004                  CS for SB's 1940 & 2636
    315-2454-04




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

 2  coupons which may be exchanged for merchandise only, excluding

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

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

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

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

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

 8  may be exchanged for the specific product only at the same

 9  business location where the game or machine operated by the

10  player is located. Points or coupons received by a player may

11  not be exchanged for any gift certificate, mail order

12  certificate, or similar conveyance that is redeemable at

13  another business location or deliverable from a location other

14  than where the arcade is located.

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

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

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

18  minimum of 6 functional diesel fuel pumps, having amusement

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

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

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

22  receive points or coupons which may be exchanged for

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

24  Florida Lottery products, excluding alcoholic beverages,

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

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

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

28  and machines which are operated for the entertainment of the

29  general public and tourists as bona fide amusement games or

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

31  game or device defined as a gambling device in chapter 24 of

                                  2

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    Florida Senate - 2004                  CS for SB's 1940 & 2636
    315-2454-04




 1  Title 15 U.S.C. under s. 1171 24 U.S.C. s. 1171, which

 2  requires identification of each device by permanently affixing

 3  seriatim numbering and name, trade name, and date of

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

 5  States Attorney General, unless excluded from applicability of

 6  the chapter under s. 1178.  This subsection shall not be

 7  construed to authorize video poker games or any other game or

 8  machine that may be construed as a gambling device under

 9  Florida law.

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

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

12  designed and manufactured only for bona fide amusement

13  purposes and not proscribed by s. 849.15, which game or device

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

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

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

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

18  reactivating the game or device for one additional play for

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

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

21  by the United States as a gambling device in chapter 24 of

22  Title 15 U.S.C. under s. 1171 24 U.S.C. s. 1171, which

23  requires identification of each device by permanently affixing

24  seriatim numbering and name, trade name, and date of

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

26  States Attorney General, unless excluded from applicability of

27  the chapter under s. 1178. This subsection shall not be

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

29  machine that may be construed as a gambling device under

30  Florida law.

31  

                                  3

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    Florida Senate - 2004                  CS for SB's 1940 & 2636
    315-2454-04




 1         (c)  Nothing in this subsection with respect to arcade

 2  amusement centers shall be taken or construed to abrogate or

 3  limit the power of a local government to establish or amend

 4  the zoning map designation of a parcel or parcels of land or

 5  change the actual list of permitted, conditional, or

 6  prohibited uses within a zoning category, and any local

 7  government may exercise such power as provided by law.

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

 9  municipality shall have the power and authority to limit the

10  number of hours of operation of arcade amusement centers and

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

12         (3)(2)  The term "arcade amusement center" as used in

13  this 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         (4)  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 chapter 24 of Title 15 U.S.C. under s. 1171, is

21  prohibited at arcade amusement centers.

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

23  law.

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                                  4

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    Florida Senate - 2004                  CS for SB's 1940 & 2636
    315-2454-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                    Senate Bills 1940 and 2636

 3                                 

 4  The committee substitute combines the bill language from SB
    2636 and SB 1940.
 5  
    The committee substitute provides that amusement games or
 6  machines played at arcade amusement centers and truck stops
    may be games played solely by application of skill.  The bill
 7  excludes slot machines or devices that have an element of
    chance or other unpredictable outcome that entitles the player
 8  to money, credit, allowance, or thing of value or additional
    chance or right to use the machine or device, or to receive
 9  any check, slug, token or memorandum entitling the holder to
    receive any money, credit, allowance or thing of value from
10  the games permitted at arcade amusement centers and truck
    stops.
11  
    It provides that tobacco products or coupons redeemable for
12  cash, alcoholic beverages, or tobacco products are excluded
    from the type of merchandise a player is entitled to receive
13  in exchange for the points or coupons the player receives
    after playing the amusement game.
14  
    It also provides that a game or machines that may be construed
15  as a gambling device under state law, including video poker
    games or a game or device that resembles a gambling device as
16  defined in 15 U.S.C. s 1171 are prohibited at arcade amusement
    centers.
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                                  5

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