Introduced by the Council President at the Request of the Mayor s4

1 1Introduced by Council Members Hyde, Redman, Holt, Davis, Shad, 2Graham, Corrigan: 3

4 ORDINANCE 2010-326 5 AN ORDINANCE PROHIBITING THE USE OF SLOT 6 MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR 7 SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A 8 RAFFLE, SWEEPSTAKES, CONTEST OR OTHER 9 PROMOTION; MAKING FINDINGS; ESTABLISHING A NEW 10 CHAPTER 149 (PROHIBITION ON THE USE OF SLOT 11 MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR 12 SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A 13 RAFFLE, SWEEPSTAKES, CONTEST OR OTHER 14 PROMOTION) OF TITLE VI (BUSINESS, TRADES AND 15 OCCUPATIONS), ORDINANCE CODE, TO PROHIBIT THE 16 USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO 17 DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE 18 RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR 19 OTHER PROMOTION; PROVIDING FOR CIVIL PENALTIES 20 AND INJUNCTIVE RELIEF FOR THE CONDUCT OF SAME; 21 ESTABLISHING EXEMPTIONS; PROVIDING FOR 22 SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 23

24 WHEREAS, pursuant to Florida law, slot machine gaming is 25authorized only in certain eligible licensed facilities in Broward 26and Miami-Dade Counties; and 27 WHEREAS, there is presently in Duval County an increasing 28proliferation of establishments that utilize slot machine-like 29spinning reels, video displays or similar technology for commercial 30gain and to display the results of, raffles, sweepstakes, contests 2 1or other promotions by simulating a game or games ordinarily played 2on a slot machine; and 3 WHEREAS, the use of slot machine-like spinning reels, video 4displays or similar technology or to display the results of 5raffles, sweepstakes, contests or other promotions by simulating a 6game or games ordinarily played on a slot machine is inherently 7deceptive; and 8 WHEREAS, due to their inherently deceptive nature, 9establishments that utilize slot machine-like spinning reels, video 10displays or similar technology or to display the results of 11raffles, sweepstakes, contests or other promotions by simulating a 12game or games ordinarily played on a slot machine are adverse to 13the quality of life, tone of commerce, and total community 14environment in Duval County, and have an unreasonable adverse 15effect upon the elderly, the economically disadvantaged, and other 16citizens of Jacksonville; and 17 WHEREAS, there is a direct relationship between establishments 18that utilize slot machine-like spinning reels, video displays or 19similar technology or to display the results of raffles, 20sweepstakes, contests or other promotions by simulating a game or 21games ordinarily played on a slot machine, and disturbances of the 22peace and good order of the community, and the concurrency of these 23activities is hazardous to the health and safety of those persons 24in attendance; and 25 WHEREAS, Pinellas, Orange, Marion and other Florida counties 26have utilized existing state law(s) to close establishments that 27utilize slot machine-like spinning reels, video displays or similar 28technology to display the results of raffles, sweepstakes, contests 29or other promotions by simulating a game or games ordinarily played

1 - 2 - 1on a slot machine, while the number of such establishments in Duval 2County is steadily increasing; and 3 WHEREAS, in order to ensure the uniform enforcement of 4existing laws, to preserve the public peace and good order, and to 5safeguard the health, safety, morals and welfare of the community 6and citizens thereof, it is necessary and advisable to prohibit the 7use of slot machine-like spinning reels, video displays or similar 8technology to display the results of raffles, sweepstakes, contests 9or other promotions by simulating a game or games ordinarily played 10on a slot machine; now, therefore, 11 BE IT ORDAINED by the Council of the City of Jacksonville: 12 Section 1. Legislative Findings. 13 The City Council finds as follows: 14 (a) The Council, desiring to protect individual rights, while 15at the same time affording opportunity for the fullest development 16of the individual and promoting the health, safety, education, and 17welfare of the people, including the elderly and economically 18disadvantaged, and the children of this County who are our most 19precious and valuable resource, finds that the County has a 20compelling interest in protecting its citizens and children from 21certain activities and influences which can result in irreparable 22harm. The Council is also charged with the responsibility of 23protecting and assisting its citizens who suffer from compulsive or 24problem gambling behavior. 25 (b) The Council recognizes that the State of Florida has 26authorized slot machine gaming at licensed facilities. The Council 27further recognizes that establishments that utilize slot machine- 28like spinning reels, video displays or similar technology to 29display the results of raffles, sweepstakes, contests or other 30promotions by simulating a game or games ordinarily played on a

1 - 3 - 1slot machine can deceive members of the public, including the 2elderly, the economically disadvantaged, and children, into 3believing that they are engaging in a lawfully permitted gaming 4activity. 5 (c) The Council further recognizes that it has an obligation 6and responsibility to protect its citizens, and in particular its 7elderly, economically disadvantaged, and youngest citizens, from 8the use of displays that deceptively mimic slot machines. 9 (d) There is presently in Duval County an increasing trend 10toward establishments that exploit citizens by the use of slot 11machine-like spinning reels, video displays or similar technology 12to display the results of raffles, sweepstakes, contests or other 13promotions by simulating a game or games ordinarily played on a 14slot machine. 15 (e) Establishments that utilize slot machine-like spinning 16reels, video displays or similar technology to display the results 17of raffles, sweepstakes, contests or other promotions by simulating 18a game or games ordinarily played on a slot machine often have an 19unreasonable adverse effect upon the elderly, the economically 20disadvantaged, and other citizens of Jacksonville. 21 (f) Establishments that exploit the citizens of Duval County 22by utilizing slot machine-like spinning reels, video displays or 23similar technology to display the results of raffles, sweepstakes, 24contests or other promotions by simulating a game or games 25ordinarily played on a slot machine are adverse to the quality of 26life, tone of commerce, and total community environment in Duval 27County. 28 (g) There is a direct relationship between these 29establishments that utilize slot machine-like spinning reels, video 30displays or similar technology to display the results of raffles,

1 - 4 - 1sweepstakes, contests or other promotions by simulating a game or 2games ordinarily played on a slot machine, and disturbances of the 3peace and good order of the community, and the concurrency of these 4activities is hazardous to the health and safety of those persons 5in attendance. 6 (h) In order to ensure the uniform enforcement of existing 7laws, to preserve the public peace and good order, and to safeguard 8the health, safety, morals and welfare of the community and 9citizens thereof, it is necessary and advisable to prohibit the use 10of slot machine-like spinning reels, video displays or similar 11technology to display the results of raffles, sweepstakes, contests 12or other promotions by simulating a game or games ordinarily played 13on a slot machine, unless otherwise exempted by law or ordinance. 14 Section 2. Title VI, Ordinance Code, amended to create a new 15Chapter 149, Prohibition On The Use Of Slot Machine-Like Spinning 16Reels, Video Displays Or Similar Technology To Display The Results 17Of A Raffle, Sweepstakes, Contest Or Other Promotion. Title VI 18(Businesses, Trades and Occupations), Ordinance Code, is amended to 19create a new Chapter 149 (Prohibition On The Use Of Slot Machine- 20Like Spinning Reels, Video Displays Or Similar Technology To 21Display The Results Of A Raffle, Sweepstakes, Contest Or Other 22Promotion), to read as follows: 23 Chapter 149. 24 PROHIBITION ON THE USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO 25 DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, 26 SWEEPSTAKES, CONTEST OR OTHER PROMOTION. 27Sec. 149.101 Legislative Authorization. 28 This Chapter is enacted in the interest of the public health, 29peace, safety, morals and general welfare of the citizens and

1 - 5 - 1inhabitants of Duval County, Florida, pursuant to Fla. Const. 2Article VIII, § 1(g) and § 125.01, Florida Statutes (2008). 3Sec. 149.102. Area of Enforcement. 4 The Council is acting herein as the governing body for Duval 5County, Florida, and this Chapter shall be effective within the 6boundaries of Duval County, Florida. 7Sec. 149.103 Intent. 8 The intent of the Council acting as the governing body of 9Duval County, Florida in adopting this Chapter is to prohibit the 10use of slot machine-like spinning reels, video displays or similar 11technology to display the results of a raffle, sweepstakes, contest 12or other promotion by simulating a game or games ordinarily played 13on a slot machine. 14Sec. 149.104 Definitions. 15 (a) "Slot machine" means any mechanical or electrical 16contrivance, terminal that may or may not be capable of downloading 17slot games from a central server system, machine, or other device 18that, upon insertion of a coin, bill, ticket, token, or similar 19object or upon payment of any consideration whatsoever, including 20the use of any electronic payment system, is available to play or 21operate, the play or operation of which, including any element of 22chance, may deliver or entitle the person or persons playing or 23operating the contrivance, terminal, machine, or other device to 24receive cash, billets, tickets, tokens, or electronic credits to be 25exchanged for cash or to receive merchandise or anything of value 26whatsoever, whether the payoff is made automatically from the 27machine or manually. Slot machines may use spinning reels, video 28displays, cathode ray tubes, microprocessors or other similar 29technology, and have as their object, the presentation or lining

1 - 6 - 1up, arrangement, or juxtaposition of symbols, alpha-numeric signs, 2colors, or figures to determine a result or outcome. 3 (b) “Slot machine game” means an electronically simulated 4game involving an element of chance played on a slot machine. 5 (c) “Person” means an individual, association, partnership, 6joint venture, corporation, or a director, executive or officer of 7an association, partnership, joint venture, or corporation. 8Sec. 149.105 Prohibition. 9 (a) It shall be unlawful to use slot machine-like spinning 10reels, video displays or similar technology to display the results 11of a raffle, sweepstakes, contest or other promotion by simulating 12a game or games ordinarily played on a slot machine in Duval 13County. Each individual use shall be a separate violation of this 14Section. 15 (b) It shall be unlawful to design, develop, manage, 16supervise, maintain, provide, or produce the use of slot machine- 17like spinning reels, video displays or similar technology to 18display the results of a raffle, sweepstakes, contest or other 19promotion by simulating a game or games ordinarily played on a slot 20machine in Duval County. 21Sec. 149.106 Exemptions. 22 The use of slot machine-like spinning reels, video displays or 23similar technology by a slot machine licensee of the State of 24Florida, or in the operation of a state lottery, or pursuant to the 25provisions of a lawful gaming compact between the State of Florida 26and federally recognized Indian tribes, whether to display the 27results of a raffle, sweepstakes, contest or other promotion, or 28otherwise, shall not be prohibited by this Chapter. 29 30

1 - 7 - 1Sec. 149.107 Civil Penalties and Injunctive Relief. 2 (a) Civil Penalties. Any person who knowingly violates this 3Chapter shall be subject to a civil penalty of not more than $500 4for each violation of this Chapter. Each day a violation occurs 5shall be considered a separate violation. 6 (b) Injunctive relief. The Office of General Counsel or 7special counsel as otherwise authorized, is authorized to pursue 8temporary or permanent injunctive relief in courts of competent 9jurisdiction to cure, remove or end any activity violative of this 10Chapter. 11Sec. 149.108 Severability. 12 If any portion of this ordinance is determined to be invalid 13for any reason by a final nonappealable order of any court of 14competent jurisdiction, then it shall be severed from this act. 15All other provisions of this act shall remain in full force and 16effect. 17 Section 3. Effective Date. This Ordinance shall become 18effective upon signature by the Mayor or upon becoming effective 19without the Mayor’s signature. 20

21Form Approved: 22

23 /s/ Steven E. Rohan______24Office of General Counsel 25Legislation Prepared By: Steven e. Rohan 26

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