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SIMULATED GAMBLING ORDINANCE Board of County Commissioners Public Hearing

SIMULATED GAMBLING ORDINANCE Board of County Commissioners Public Hearing. October 18, 2011. SIMULATED GAMBLING ORDINANCE. BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED. SIMULATED GAMBLING ORDINANCE. BACKGROUND PROHIBITION COMPONENT

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SIMULATED GAMBLING ORDINANCE Board of County Commissioners Public Hearing

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  1. SIMULATED GAMBLING ORDINANCEBoard of County CommissionersPublic Hearing October 18, 2011

  2. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  3. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  4. BACKGROUND • Proliferation of Simulated Gambling Establish-ments elsewhere in Florida • Commissioner Ted Edwards’ 06/28/11 Report to BCC Requested an Ordinance: • Prohibiting Simulated Gambling Devices, and • Amending Zoning Regulations (“Safety Net”) • 09/28/11 Draft Ordinance in Agenda Packet

  5. 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)

  6. BACKGROUND (Cont'd) • Today’s Public Hearing: • Required Public Hearing to Adopt Prohibition • Required 2nd of 2 Public Hearings to Amend Zoning Regulations

  7. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  8. 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

  9. PROHIBITION COMPONENT (Cont’d) • Defenses and exceptions (Sec. 26-157, pgs. 6-7): • Individual using simulated gambling device for recreation in residence • Use of simulated gambling device expressly permitted by law • Religious or charitable organization’s fund-raising event (2x per calendar year with 24-hour notice to Sheriff’s Office)

  10. PROHIBITION COMPONENT (Cont’d) • 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.

  11. PROHIBITION COMPONENT (Cont’d) • 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)

  12. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  13. 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 area

  14. 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

  15. ZONING COMPONENT (Cont'd) • 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

  16. ZONING COMPONENT (Cont'd) • 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)

  17. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  18. PROPOSED REVISIONS Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A)

  19. PROPOSED REVISIONS Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A)

  20. PROPOSED REVISIONS (Cont'd) Sec. 26-155(e) -“Simulated gambling device” means 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.or something of value; or any device that is used or adopted for use to conduct and/or reveal the results of a drawing by chance conducted by a charitable or non-profit organization, or a game promotion conducted in connection with the sale of a consumer product or service, or sweepstakes; or any device that is used or adopted for use in any game promotion that displays results by simulating a gambling style game or card game or game ordinarily played on a slot machine. The following rules of construction apply to this definition of “simulated gambling device”: . . .

  21. PROPOSED REVISIONS (Cont'd) Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A)

  22. PROPOSED REVISIONS (Cont'd) Sec. 26-155(e)(3) - The term “object” means a coin, bill ticket, token, card, password, account or user number, user name, or similar object, code, or number, or other object 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.

  23. PROPOSED REVISIONS (Cont'd) Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A)

  24. PROPOSED REVISIONS (Cont'd) 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.

  25. PROPOSED REVISIONS (Cont'd) Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A) 25

  26. PROPOSED REVISIONS (Cont'd) Sec. 38-79. Conditions for permitted uses and special exceptions. * * * (22) Adult gaming arcades.Simulated gambling establishments. If the ordinance prohibiting simulated gambling devices, codified at Sections 26-150 through 26-164 of the Orange County Code, is declared invalid by a court of competent jurisdiction, and the time expires to file on appeal without one being filed or an appeal is timely filed but the appeal is ultimately unsuccessful, or is found to be preempted by state law or state statute, simulated gambling establishments may be a permitted use permitted by special exception, subject to all the following requirements and conditions in this paragraph. No alcoholic beverages shall be served . . . 26

  27. PROPOSED REVISIONS (Cont'd) Definition of “simulated gambling device” Sec. 26-155(e) (lines 178-191, pgs. 4-5) Definition of “object” (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) Definition of “payoff” Sec. 26-155(e)(7) (lines 233-237, pg. 6) Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) Use Table (Sec. 38-77, Appendix A) 27 27 27

  28. PROPOSED REVISIONS (Cont'd) • Sec. 38-77. Use Table • Keep “P” in Use Table • Do not insert “S” or strike “P” 28 28 28

  29. SIMULATED GAMBLING ORDINANCE • BACKGROUND • PROHIBITION COMPONENT • ZONING COMPONENT • PROPOSED REVISIONS • ACTION REQUESTED

  30. ACTION REQUESTED Adopt Ordinance Prohibiting Simulated Gambling and Amending Zoning Regulations, with Proposed Revisions

  31. SIMULATED GAMBLING ORDINANCEBoard of County CommissionersPublic Hearing October 18, 2011

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