simulated gambling ordinance board of county commissioners public hearing october 18, 2011

SIMULATED GAMBLING ORDINANCE

Board of County CommissionersPublic Hearing

October 18, 2011

• BACKGROUND• PROHIBITION COMPONENT• ZONING COMPONENT• PROPOSED REVISIONS• ACTION REQUESTED


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BACKGROUND

• Proliferation of Simulated Gambling Establish-ments elsewhere in Florida

• Commissioner Ted Edwards’ 06/28/11 Report to BCC Requested an Ordinance:

1. Prohibiting Simulated Gambling Devices, and2. Amending Zoning Regulations (“Safety Net”)

• 09/28/11 Draft Ordinance in Agenda Packet

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BACKGROUND (Cont’d)

• First Component of Ordinance – Prohibition– Creates New Article VIII in Chapter 26, O.C. Code,

Prohibiting Simulated Gambling Devices (pgs. 1-7 of 09/28/11 Draft)

• Second Component – Zoning– Amends Chapter 38, O.C. Code, Zoning Regulations

(pgs. 7-8 of 09/28/11 Draft)

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BACKGROUND (Cont'd)

• Today’s Public Hearing:• Required Public Hearing to Adopt Prohibition• Required 2nd of 2 Public Hearings to Amend Zoning

Regulations

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PROHIBITION COMPONENT(Cont’d)

• Prohibition (Sec. 26-156, pg. 6)

Unlawful to manage, own, possess or use a simulated gambling device in a commercial or non-profit establishment or to lease or operate a premises for use of simulated gambling devices

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• Defenses and exceptions (Sec. 26-157, pgs. 6-7):

1.Individual using simulated gambling device for recreation in residence

2.Use of simulated gambling device expressly permitted by law

3.Religious or charitable organization’s fund-raising event (2x per calendar year with 24-hour notice to Sheriff’s Office)

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• Definitions (Sec. 26-155, pgs. 4-6)

• “Simulated gambling device” (pgs. 4-6)

Any device that, upon connection with an object, is available to play or operate a simulation of any game or gambling, and which may reveal, deliver, or entitle any person playing or operating the device to a payoff.

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• Definitions (Sec. 26-155, pgs. 4-6) (Cont’d)

• Subparts of definition of “simulated gambling device” (pgs. 5-6)

- “Device” (pg. 5)- “Upon connection with an object” (pg. 5)- “Object” (pg. 5)- “Play or operate” (pg. 5)- “Simulation” (pg. 5)- “Game” (pgs. 5-6)- “Payoff” (pg. 6)- “Gambling” (pg. 6)

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ZONING COMPONENT

• Existing Zoning Regulations (Sections 38-1, 38-77, and 38-79, O.C. Code)• “Adult gaming arcade” definition (Sec. 38-1)• Permitted by right in heavy industrial zoned districts

(Sections 38-77 and 38-79)• Restrictions (Sec. 38-79)

- No Alcoholic Beverages- Hours of Operation Limitation (9:00 am – 2:00 am)- Distance Separation Requirements (1,500 ft)

- schools, churches, residential-zoned areas, parks, bars, etc.

• No adult gaming arcades in unincorporated area13

ZONING COMPONENT (Cont'd)

• Zoning Amendment Proposal in 09/28/11 Draft:- Amends definition of “adult gaming arcade” (pg. 8)- Amends “Use Table” (Appendix A, referenced pg. 8)- Amends Section 38-79 (pgs. 8-9)

- Simulated gambling establishments will be permitted as special exception, subject to restrictions, but only if prohibition is declared invalid

- Zoning regulations not operative unless and until prohibition is invalidated

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• Planning and Zoning Commission/Local Planning Agency:

- Found proposed zoning amendments consistent with Comprehensive Plan,

- Recommended approval, but allow use as special exception; do not permit use by right

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• P&ZC’s Revisions:- Amended Sec. 38-79(22) (lines 350-351 at pg. 8):

“. . . simulated gambling establishments may be permitted by special exception, . . .” not

“. . . simulated gambling establishments may be a permitted use, . . .”

-Changed “P” (for permitted use) to “S” (for special exception) in Use Table (Appendix A)

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PROPOSED REVISIONS

1. Definition of “simulated gambling device”Sec. 26-155(e) (lines 178-191, pgs. 4-5)

2. Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5)

3. Definition of “payoff”Sec. 26-155(e)(7) (lines 233-237, pg. 6)

4. Conditions for allowing simulated gambling establishments

(Sec. 38-79(22)) (lines 345-353, pg. 8)5. Use Table

(Sec. 38-77, Appendix A) 18

PROPOSED REVISIONS

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(Sec. 38-77, Appendix A)

PROPOSED REVISIONS (Cont'd)

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Sec. 26-155(e)(7) - The term “payoff” means cash, monetary or other credit, billets, 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 machine at the premises or building where such device is located.


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Sec. 38-77. Use Table

• Keep “P” in Use Table• Do not insert “S” or strike “P”

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ACTION REQUESTED

Adopt Ordinance Prohibiting Simulated Gambling and Amending Zoning

Regulations, with Proposed Revisions

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Board of County CommissionersPublic Hearing

October 18, 2011

simulated gambling ordinance board of county commissioners public hearing october 18, 2011

Documents

e simulated gambling

proposed revisions contd

permitted use

invalid zoning regulations

definition of object

sheriffs office slide

contd subparts of definition

draft ordinance