HomeMy WebLinkAboutOrdinance No. 04-2004 ORDINANCE NO. 04 -2004
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, 1
ENTITLED "AMUSEMENTS AND ENTERTAINMENTS ";
ESTABLISHING A NEW ARTICLE V, ENTITLED "SLOT
MACHINES OR DEVICES "; PROVIDING FOR A DEFINITION
OF AND PROHIBITING THE COMMERCIAL USE OF SLOT
MACHINES OR DEVICES IN THE CITY OF CAPE
CANAVERAL; 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 1
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 r
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 objects, 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
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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
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WHEREAS, businesses known as "Adult Arcades" or "Adult Arcade Amusement Centers" have
begun to operate within cities and counties across Florida providing casino -type gaming, which
significantly and adversely affects the public health, safety, morals 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
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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. 2 DCA, 2001) (Based upon the testimony of the owner /operator of an adult arcade
City of Cape Canaveral
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amusement center the court found that there was an inherent element of chance in the forfeited slot t
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 t
player randomly press the stop button.); and
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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 State statutes; and
WHEREAS, the City Council 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 l
residents and visitors of the areas where these devices exist; and
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WHEREAS, the City of Cape Canaveral has the duty and authority, through its police powers, to
ensure appropriate regulation, licensing and permitting of businesses, as such are vital to the public's
health, safety and welfare as deficient or inadequate regulations can lead to public harm; and
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WHEREAS, the State of Florida has prohibited all forms of gambling, including the operation of t
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
C ie than those provided by Chapter 849, Florida Statutes, and to prohibit all commercial casino -type slot t
machines as defined herein; and
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WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance
to be necessary and in the best interests of the public health, safety, and welfare of the citizens of Cape I
Canaveral.
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BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
Florida as follows:
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. l
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Section 2. Code Amendment. Chapter 10, entitled "Amusements and Entertainments," of 1
the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeetut type indicates deletions, while asterisks (* * *) indicate a deletion from
this 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):
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} City of Cape Canaveral ti
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CHAPTER 10 — AMUSEMENTS AND ENTERTAINMENTS
ARTICLE V. SLOT MACHINES OR DEVICES fr
Sec. 10 -200. Purpose and Intent. The purpose and intent of this article is to regulate and prohibit,
within the City of Cape Canaveral, Florida, slot machines or devices and casino -type slot machines as
defined in Section 10 -201 of this article or as prohibited by Chapter 849, Florida Statutes.
Sec. 10 -201. 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:
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
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 object the
lining up of two or more colors, lights, or spinning objects, or any combination thereof.
Sec. 10 -202. Slot machine or device prohibited.
(10' (a) 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 Cape Canaveral, and slot machines or devices are hereby
prohibited in the City of Cape Canaveral.
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.
Sec. 10 -203. Exemption. This article is not intended to and specifically does not regulate:
Cal merchandise vending machines;
coin - operated mechanical or electrical musical instruments or devices;
coin - operated amusement devices that are not in the nature of, or similar to, casino -type slot
machines; or
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.
City of Cape Canaveral
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, 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 Cape
Canaveral 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 Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this /6, day of
Mg re h , 2004.
C- C../...m C: :::—,04.,e■DCISZ
- ROCKY RANDELS, Mayor
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J L-- ' ' '''''° For Against
Bob Hoog MOTION
! Steve Miller SECOND
y SUSAN T!LLS, ?ity Clerk Jim Morgan ABSENT
Rocky Randels X
Richard Treverton X
First Reading: MARCH 2, 2004
Legal Ad published: MARCH 6, 2004
Second Reading: MARCH 16, 2004
Approved as to legal form and sufficiency for
the Ci ape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04 -2004
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