HomeMy WebLinkAboutO-2012-028 - Amended Article II ''Gambling'' of Chapter 17 ''Offenses-Miscellanaeous'' to create division 4 ''Simulated Gambling Devices'' to Prohibit Simulated Gambling devices within the City ORDINANCE NO. 2012-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE II
"GAMBLING" OF CHAPTER 17 "OFFENSES-MISCELLANEOUS" TO
CREATE DIVISION 4 "SIMULATED GAMBLING DEVICES"IN ORDER TO
PROHIBIT SIMULATED GAMBLING DEVICES WITHIN THE CITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter
166, Florida Statutes, the City is authorized and required to protect the public health, safety and
welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law; and
WHEREAS, gambling is prohibited in the State of Florida, pursuant to the Florida
Constitution and Florida Statutes, with narrow exceptions that are codified within the Florida
Statutes; and
WHEREAS,there has been an increasing proliferation throughout the State of Florida 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 or otherwise in connection with
gambling, which show the results of raffles, sweepstakes, contests and other promotions
(collectively referred to as"simulated gambling devices"); and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
recognizes that while the State of Florida has authorized slot machine gaming at certain licensed
facilities in Broward County, establishments that utilize simulated gambling devices can deceive
members of the public, including the elderly and economically disadvantaged, to believe that
they are engaging in lawfully permitted and regulated gambling activity; and
WHEREAS, simulated gambling devices are therefore inherently deceptive; and
WHEREAS, due to their inherently deceptive nature, establishments that utilize
simulated gambling devices are adverse to the quality of life, tone of commerce and total
community environment in the City, and have an unreasonable negative effect on the public,
including the elderly and economically disadvantaged; and
WHEREAS, in communities where simulated gambling devices are present, there has
been a recognized correlation between establishments that utilize simulated gambling devices
and criminal activities that impact neighboring businesses and residential properties; and
WHEREAS, while other jurisdictions in Florida have attempted to use existing state
laws to prohibit establishments that utilize simulated gambling devices with mixed success, the
City Commission finds that a local prohibition on such simulated gambling devices would close
any alleged loopholes left by the state laws and enable the City to consistently enforce existing
Code of Ordinances provisions and statutes, to safeguard the public health, safety, morals and
welfare of the community, and it is necessary and advisable to amend the Code of Ordinances
("Code") to prohibit the provision, possession or use of simulated gambling devices, unless
otherwise exempted by law; and
WHEREAS, the intent of the City Commission in adopting this Ordinance is to prohibit
broadly the provision, possession or use of simulated gambling devices, including any related
activity or behavior that can be reasonably construed to be the provision, possession or use of
simulated gambling devices; and
WHEREAS,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; and
WHEREAS, a public hearing was held before the City Commission in accordance with
Section 166.041(3)(a), Florida Statutes; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Division 4 "Simulated Gambling Devices" of Article II "Gambling" of
Chapter 17 "Offenses- Miscellaneous" of the City of Dania Beach Code of Ordinances is created
to read as follows:
DIVISION 4. SIMULATED GAMBLING DEVICES.
Section 17-64. Intent.
2 ORDINANCE#2012-028
(A) This division is enacted in the interest of the public health, safety, peace, morals and general
welfare of the citizens and inhabitants of the City of Dania Beach, Florida, pursuant to Article
VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes.
(B) The intent of the City Commission of the City of Dania Beach, Florida in enacting this
division is to prohibit broadly the possession, provision or use of simulated gambling devices,
including any related activity or behavior which can be reasonably construed to be the
possession,provision or use of simulated gambling devices. 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.
Section 17-65. Definitions.
For the purpose of this division,the following definitions shall apply:
(A) Computer simulation. A simulation by means of a computer, computer system, video
display,video system or any other form of electronic video presentation.
(B) Device. 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.
(C) Game. Slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in
a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or
other promotion, lotto, sweepstakes, and any other game associated with gambling or which
could be associated with gambling, but the term "game" does not necessarily imply gambling as
that term may be defined elsewhere.
(D) Payoff. Cash, monetary value or other credit, billets, tickets, tokens, or electronic credits to
be exchanged for cash,merchandise or anything of value whatsoever.
(E) Person. 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.
(F) Play or operate. The terms "play or operate" or "play or operation" include the use of skill,
the application of the element of chance, or both.
(G) Simulated gambling device. Any device that is available to play or operate a computer
simulation of any game through the use of skill,the application of the element of chance, or both,
and which may deliver or entitle the person or persons playing or operating the device to a
payoff, or may notify or announce such payoff to the person or persons playing. The use of the
word "gambling" in the term "simulated gambling device" is for convenience of reference only.
3 ORDINANCE#2012-028
The term "simulated gambling device" as used in this division does not incorporate or imply any
other legal definition or requirement applicable to gambling that may be found elsewhere.
(H)Slot machine. Any device as specified in Section 849.16, Florida Statutes.
Section 17-66. Prohibition of Simulated Gambling Devices.
(A) Prohibition. It is unlawful for any person to maintain, provide, possess or use one or
multiple simulated gambling devices. Each individual act to maintain, provide, possess or use a
simulated gambling device constitutes a separate violation of this division.
(B) Non-commercial. This division does not prohibit an individual's personal, recreational, and
non-commercial ownership,possession,play, operation or use of a simulated gambling device.
(C) Device permitted by Florida Statutes. This division does not prohibit the ownership,
possession, play, operation or use of any device expressly permitted by the Florida Statutes and
not otherwise prohibited by the Florida Constitution.
Section 17-67. Conflict With State Law.
Nothing in this division 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 any provision of this division and either the Florida Constitution or Chapter 849, Florida
Statutes, then the provisions of the Florida Constitution or Chapter 849, Florida Statutes, as
applicable, control.
Section 17-68. Enforcement.
(A)Enforcement. Any person who violates this division is subject to the provisions of Article IV
"Code Enforcement" of Chapter 2 "Administration". Each simulated gambling device, or any act
of possession, provision or use of a simulated gambling device, constitutes an individual offense
for the purposes of Article IV "Code Enforcement" of Chapter 2 "Administration".
(B) Injunctive relief. The city attorney is authorized to pursue temporary or permanent
injunctive relief or any other legal or equitable remedy authorized by law in courts of competent
jurisdiction to cure, remove or end any activity which violates this division.
Section 3. All ordinances of the City of Dania Beach in conflict with any provisions
of this Ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional b a court of competent jurisdiction the holding shall not
Y P jurisdiction, g
affect the validity of the remaining portions of this Ordinance.
4 ORDINANCE#2012-028
Section 5. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section,""Article"or other appropriate word.
Section 6. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on November 27, 2012.
PASSED AND ADOPTED on second reading on December 11, 2012.
ATTEST:
LOUISE STILSON, CMC WAL R B. DUKE III
CITY CLERK MAYOR
,s
APPROVED AS O F AND CORRECTNESS:
1 —
'e 1
THOMAA J. SB O
CITY ATT EY
� 1
5 ORDINANCE#2012-028