8386-13ORDINANCE NO. 8386-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
IMPOSING A TEMPORARY ABATEMENT ON THE OPERATION
AND USE OF SIMULATED GAMING DEVICES FOR THE USE
BY THE PUBLIC IN ANY PREMISES; PROVIDING FOR
DEFINITIONS; PROVIDING FOR A SIX MONTH TEMPORARY
ABATEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is presently in the City of Clearwater an increasing proliferation of
establishments that utilize computer or video displays of spinning reels or other simulations
of a game or games ordinarily played on a slot machine, or in a casino or otherwise in
connection with gambling and which show the results of raffles, sweepstakes, contests, or
other promotions (hereinafter collectively referred to in these recitals as "simulated gaming
devices") for commercial gain; and
WHEREAS, Section 849.16, Florida Statutes, does not clearly define whether
simulated gaming devices are in fact a"slot machine"; and
WHEREAS, the Courts of the State of Florida have not made a determination as to
whether simulated gaming devices are "slot machines" defined in Section 849.16, Florida
Statutes; and
WHEREAS, the Clearwater City Council desiring to protect individual rights, while at
the same time affording opportunity for the fullest development of the individual and
promoting the health, safety, and welfare of the people, including the elderly, the
economically disadvantaged, and the children in the City of Clearwater, finds that the City
of Clearwater has a compelling interest in protecting its citizens, and in particular its elderly,
economically disadvantaged, and children from certain activities and influences that can
result in irreparable harm, including the unregulated growth of establishments that provide
simulated gaming devices; and
WHEREAS, in order to ensure the uniform enforcement of existing laws, and
preserve the public peace and good order, and to safeguard the health, safety, morals and
welfare of the community and citizens thereof, it is necessary to regulate the operation and
use of simulated gaming devices that are available for use by the public; and
WHEREAS, the Clearwater City Council finds it necessary for the promotion of the
public safety and welfare that this Ordinance be enacted; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Ordinance No. 8386-13
Section 1. The following definitions govern the provisions of this Ordinance:
Simulafed Gaming Device: Any electronic or mechanical device provided by or on
behalf of the operation that is used or adapted for use to conduct and/or reveal the
results of a drawing conducted in connection with the sale of a consumer product or
service, sweepstakes or game promotions that display results by simulating a game oir
games ordinarily played on a slot machine.
Operation: Any person in whose name a drawing by chance conducted in connectior�
with the sale of a consumer product or service, sweepstakes, or game promotion that
utilized a simulated gaming device or premises in which a simulated gaming device i�
conducted.
Premises: The house, building, edifice, or location, along with its grounds, in or upon
which the operator conducts drawings by chance conducted in connection with the sale
of a consumer product or service, sweepstakes or game promotions using a simulateci
gaming device.
Slot machine: Any mechanical or electrical contrivance, 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 monetary consideration whatsoever, including the use of any electronic payment
system, is available to play or operate, the play or operation of which, including any
element of chance, may deliver or entitle the person or persons playing or operating th�
contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens,
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. Slots machines may use spinning reels, video displays, cathode ray tubes,
microprocessors or other similar technology, and have as their object, the presentatiori
or lining up, arrangement, or juxtaposition of symbols, alphanumeric signs, colors, or
figures to determine a result or outcome.
To the extent not defined in this section, the definitions utilized in Section 849.0935 and
Section 849.094, Florida Statutes, shall be applicable to all terms used in this
Ordinance.
Section 2. The City of Clearwater hereby adopts a temporary abatement upon
the operation and use of simulated gaming devices in premises within the City of
Clearwater from the date of the adoption of this Ordinance forward, remaining in effect
for six (6) months, which is the estimated time to complete the process of enacting
necessary regulatory or non-regulatory measures for the appropriate operation and use
of simulated gaming devices and implementing the same. The interests of the citizens
of the City of Clearwater will be better served if the operation and use of simulated
gaming devices are adequately regulated. This would ensure a limitation on the
unregulated expansion of the operation and use of simulated gaming devices within the
City of Clearwater. Any currently operating business shall not be expanded or enlarged
2 Ordinance No. 8386-13
in a manner that either increases the number of simulated gaming devices beyond the
existing licensed number or increases the square footage of the licensed business
location.
Section 3. Exemptions:
(a) This Ordinance does not prohibit the personal and recreational ownership,
possession, play, operation, or use of a device which could be construed to be a
simulated gaming device, provided such ownership, possession, play, operation, or use
does not constitute a lottery under Article X, Section 7 of the Florida Constitution.
(b) This Ordinance does not prohibit the ownership, possession, play, operation, or
use of a computer, video display, or the Internet in a retail business setting providing
such ownership, possession, play, operation, or use is not a pretext or sham for using
such devices as simulating gaming devices.
(c) This Ordinance is specifically not intended to regulate in any manner the
following businesses located in the City of Clearwater, which are currently regulated by
federal, state statute, and/or local ordinance:
(1) Any properly authorized bingo game establishment;
(2) Any properly authorized arcade amusement center, amusement
machines, and truck stop arcades operated pursuant to Section 849.161,
Florid Statutes;
(3) Any premises that currently operate and use simulated gaming
devices so long as such activity is a legally allowable use per City of
Clearwater Code of Ordinances and the premises is otherwise in
compliance with all applicable regulations and has obtained a business tax
receipt.
Section 4.
authorized to do
Ordinance.
The proper officers and employees of the City are hereby
all things necessary and proper to carry out the provisions of this
Section 5. This Ordinance is enforceable in any manner provided for in City of
Clearwater Code of Ordinances and Florida law.
Section 6. This Ordinance shall take effect immediately upon becoming a law
and shall be in effect for six (6) months thereafter.
Section 7. This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING March 6, 201 3
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 21, 2013
3 Ordinance No. 8386-1�
Approved as to form:
. N
Robert J urette
Assistan ity Attorney
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George N. Cretekos
Mayor
Attest:
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Rosemarie Call
City Clerk
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Ordinance No. 8386-13