2012-08 Simulated Gambling Devices ORDINANCE NO. 2012-08
•
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES
AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE
CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IV,
"SIMULATED GAMBLING DEVICES," TO PROHIBIT THE USE OF SUCH
DEVICES WITHIN THE VILLAGE; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, while the State of Florida has authorized slot machine gambling at licensed
facilities in certain areas within the state, neither the Florida Constitution nor the Florida Statutes
authorizes or permits slot machine gambling or any activity resembling slot machine gambling
within the Village of North Palm Beach; and
WHEREAS, Section 849.01, Florida Statutes, prohibits persons from maintaining
gambling houses, and Section 849.15, Florida Statutes, prohibits the possession, operation or use
of slot machines or devices of a similar nature as defined by Sections 551.102 and 849.16,
Florida Statutes; and
WHEREAS, pursuant to the statutory definitions cited above, the use of machines by an
operator inserting internet cards, coins, tokens, or other objects into a machine which then makes
the user eligible by reason of any element of chance to receive something of value constitutes
gambling; and
WHEREAS, throughout the county and the state, there is an increasing demand for the
licensing of establishments that utilize computer or video displays of spinning reels or other
simulations of games ordinarily played on a slot machine or in a casino which show the results of
raffles, sweepstakes, contests or other promotions (hereinafter referred to as "Simulated
Gambling Devices") for commercial or pecuniary gain; and
WHEREAS, the Village Council recognizes that establishments that utilize Simulated
Gambling Devices, designed to look and function like slot machines, can deceive members of the
public, including, but not limited to, the elderly and economically disadvantaged, into believing
that they are engaging in lawfully permitted and regulated gambling activity; and
WHEREAS,the use of Simulated Gambling Devices is therefore inherently deceptive; and
WHEREAS, due to their inherently deceptive nature, establishments that utilize
• Simulated Gambling Devices are adverse to the quality of life and the community environment
within the Village of North Palm Beach; and
• WHEREAS, there is no material difference between the use of slot machines as defined
in Sections 551.102 and 849.16, Florida Statutes, and the use of Simulated Gambling Devices; and
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WHEREAS,there is often a correlation between establishments that utilize Simulated Gambling
• Devices and disturbances of the peace and good order of the community, and these conditions
are detrimental to the public health, safety, and general welfare of the citizens of the Village; and
WHEREAS, a local prohibition on Simulated Gambling Devices is consistent with state
law and enables local law enforcement and code enforcement personnel to enforce existing code
provisions and statutes,thereby safeguarding the public welfare; and
WHEREAS, other local governments throughout the state have attempted to utilizing
existing state laws to close establishments that utilize Simulated Gambling Devices, resulting in
the expenditure of resources to enforce and litigate the activities of these establishments; and
WHEREAS, in order to ensure the uniform enforcement of existing laws and to preserve
the health, safety and general welfare of the community and of the citizens of the Village, the
Village Council determines that it is necessary to prohibit the use of Simulated Gambling
Devices, unless otherwise authorized by law; and
WHEREAS, the Village Council enacts this Ordinance pursuant to the authority and
power granted by Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida
Statutes, and otherwise in accordance with the Village's home rule authority.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "whereas" clauses represent the legislative findings of the Village
Council supporting the need for this Ordinance and are hereby incorporated herein by reference.
Section 2. The Village Council hereby amends Chapter 17, "Licenses and Miscellaneous
Business Regulations," of the Village Code of Ordinances to adopt a new Article IV, "Simulated
Gambling Devices,"to read as follows (additional language underlined):
ARTICLE IV. SIMULATED GAMBLING DEVICES
Sec. 17-40. Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
(a) Person means an individual, association, partnership,joint venture,
corporation, or any other type of organization whether conducted for profit or not
for profit or a director, executive, officer or manager of an association,
partnership,joint venture, corporation or other organization.
(b) Simulated gambling device means any device that, upon connection
with an object, is available to play or operate a computer simulation of any game,
• and which may deliver or entitle the person or persons playing or operating the
device to a payoff. The following rules of construction apply to this definition of
simulated gambling device:
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(1) The term "device" means any mechanical or electrical contrivance,
• computer, terminal, video or other equipment that may or may not
be capable of downloading games from a central server system,
machine, computer or other device or equipment. The term device
also includes any associated equipment necessary to conduct the
operation of the device, or in the case of a password, inputting the
password.
(2) The term "upon connection with" means inserting, swiping,
passing in range, or any other technical means of physically,
electronically, or electromagnetically connecting an object to a
device, or inputting a password, code, account or user number or
user name, into a device.
(3) The term "object" means a coin, bill, ticket, token, card, password,
account or user number, name or code obtained directly or
indirectly through payment of consideration or a donation, or
obtained as a bonus or supplement to another transaction involving
the payment of consideration or a donation.
(4) The "play operate" "play operation"O a terms pay or operate or play or operation include any
activation of a device whether involving the use of skill, the
application of an element of chance, or both, or neither, or the
implementation of an outcome unpredictable to the person
activating the device.
The term "simulation" includes simulation by means of a
computer, computer system, video display, video system or any
other form of electronic video presentation.
(6) The term "game" includes slot machines, poker, cards, bingo,
craps, keno, any other type of game ordinarily played in a casino; a
game involving the display of the results of a raffle, drawing,
contest, game promotion, lotto or sweepstakes; or any other game
associated with gambling or which could be associated with
gambling. The term "game" does not necessarily imply or require
actual gambling, as that term may be defined elsewhere.
(7) The term "payoff' means cash, monetary or other credit, tickets,
tokens, or electronic credits to be exchanged for cash or to receive
merchandise or anything of value whatsoever, whether made
automatically from the machine or manually, from the owner or
operator of the device, or any affiliate, associate, person, or entity
acting in concert or connection with the owner or operator of the
• device, or from any person, entity, or device at the premises or
building where such device is located.
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(8) The use of the "gambling" in the term"simulated gambling device"
• is for convenience of reference only. The term "simulated gambling
device" as used in this article is defined exclusively by this section
and does not incorporate or imply any other legal defmition or
requirement applicable to gambling that may be found elsewhere.
(c) Slot machine means any mechanical or electrical contrivance or
terminal that may or may not be capable of downloading slot games from a
central server system, machine, or other device that, upon insertion of a coin, bill,
ticket, token, or similar object or upon payment of any consideration whatsoever,
including the use of any electronic payment system except a credit card or debit
card, is available to play or operate, the play or operation of which, whether by
reason of skill or application of the element of chance or both, may deliver or
entitle the person or person playing or operating the contrivance, terminal,
machine, or other device to receive cash, tickets, token, or electronic credits to be
exchanged for cash or to receive merchandise or anything of value whatsoever,
whether the payoff is made automatically from the machine or manually. The
term includes associated equipment necessary to conduct the operation of the
contrivance, terminal, machine, or other device. Slot machines may use spinning
reels, video displays, or both. Slot machine also means any machine or device
that may be adopted for use in such a way that, as a result of the insertion of any
piece of money, coin, or other object, such machine or device is caused to operate
or may be operated and if the user, by reason of any element of chance or of any
other outcome of such operation unpredictable by him or her, may:
(1) Receive or become entitled to receive any piece of money, credit,
allowance, or thing of value, or any check, slug, token, or
memorandum, whether of value or otherwise, which may be
exchanged for any money, credit, allowance, or thing of value or
which may be given in trade; or
(2) Secure additional chances or rights to use such machine, apparatus,
or device, even though it may, in addition to any element of chance
or unpredictable outcome of such operation, also sell, deliver, or
present some merchandise, entertainment, or other thing of value.
Sec. 17-41. Intent.
The intent of the council acting as the governing body of village in
adopting this article is to prohibit broadly the use of simulated gambling devices,
including any related activity or behavior which can be reasonably construed to be
the use of simulated gambling devices. Further, the council, in prohibiting
simulated gambling devices, in no way intends to approve the use of actual slot
machines or other forms of casino gambling or other types of gambling devices.
• In addition, this prohibition is aimed directly at devices that simulate gambling
activity, regardless of whether the devices or the simulations in and of themselves
can be said to constitute gambling as that term may be defined elsewhere.
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Sec. 17-42. Prohibition of simulated gambling devices.
• It is unlawful for any p erson to desi g n, develop, manage, supervise,
maintain, provide, produce, possess or use one or more simulated gambling
devices in a commercial or nonprofit establishment or to knowingly lease, operate
or maintain any premises for the use of simulated gambling devices. Each
individual act to design, develop, manage, supervise, maintain, provide, produce,
possess or use a simulated gambling device constitutes a separate violation.
Sec. 17-43. Exemptions.
This article does not prohibit:
(a) An individual's personal, recreational, and non-commercial
ownership, possession, play, operation or use of a device which could be
construed to be a simulated gambling device;
(b) The operation of a game room or recreational facility which
provides opportunities for casual entertainment by patrons of all ages and does not
utilize devices that fall within the definition of a simulated gambling device;
(c) The ownership, possession, play, operation or use of any device
expressly permitted by a Florida Statute and not otherwise prohibited by another
Florida Statute or the Florida Constitution, except that this exemption shall not
apply to devices permitted in Broward and Miami-Dade Counties only pursuant to
Article X, Section 23 of the Florida Constitution and Chapter 551, Florida Statutes;
(d) A religious, charitable or non-profit organization conducting a
fundraising activity involving gaming, provided that such activity is not otherwise
prohibited by law.
Sec. 17-44. Conflict with state law.
Nothing in this article is intended to conflict with the provisions of the
Florida Constitution or Chapter 849, Florida Statutes, concerning gambling. In
the event of a direct and express conflict between this article and either the
Florida Constitution or the Florida Statutes, then the provisions of the Florida
Constitution or the Florida Statutes, as applicable, shall control.
Sec. 17-45. Enforcement.
Lai The village's code inspectors are authorized to enforce this article
in accordance with all remedies set forth in article VI of chapter 2 of this code.
(b) The village's police department is authorized to enforce this article
1111 in accordance with all remedies set forth in article VI of chapter 2 of this code and
any other provision of state or local law.
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(0 In addition to the remedies set forth above, whether civil or
III criminal, the village may also pursue temporary or permanent injunctive relief or
any other legal or equitable remedy authorized by law in a court of competent
jurisdiction to enforce the provisions of this article.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of j
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26th DAY OF JULY, 2012. ,
PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF AUGUST 2012.
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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