HomeMy WebLinkAboutSubmittal-Changes To The Legislation Proffered by District 4File Number: 10-00739 Final Action Date:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.rniamigovzorn
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN-OPERATED
MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT
GAMES OR MACHINES," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS,
CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR
ENFORCEMENT AND PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT
GAMES OR MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE
ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS
REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING
SECTION 31-50. ENTITLED "SCHEDULE OF ESTABLISHED BTR'S," BY DELETING AN
ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, gambling is prohibited within the City of Miami, except in certain pari -mutual
locations as allowed pursuant to a referendum; and
WHEREAS, Florida Statute Chapter 849 strictly prohibits any gambling or "game of
chance" involving the exchange of money or other thing of value or under the pretext of a safe,
gift, or delivery thereof, or for any right, share, or interest therein; and
WHEREAS, Florida Statute Chapter 849 allows amusement games or machines which
are considered "games of skill", and
WHEREAS, it is in the best interest of health, safety, and general welfare of the
community, residents, and businesses of the City of Miami ("City") to regulate the operation of
amusement games or machines within the City in order to ensure the proper safeguards with
respect to the prohibition of gambling; and
WHEREAS, the purpose and intent of this ordinance, as amended, is to narrow the
definition of amusement games or machines by making it conform with State law and
specifically, to eliminate any misconstruction of the definition of the types of machines permitted
as one which expands rights beyond the limitations imposed under the exception to gambling by
State law; and
WHEREAS, the purpose and intent of this ordinance, as amended, is to make changes
to the regulations for adequate supervision of the operation of amusement games or machines
within the City; and
WHEREAS, a regulatory scheme is to be implemented to ensure that the operators of
amusement games or machines comply with all state and local statutes and ordinances; and
City of Miami Page 1 of 36 File !d: 10-00739 (Version 5) Printed on 912012010
-1 _3 &'ok-) Proffe-r-ed bj '!)*s�ricf �
City of Miami
r
.; ;c+.
Legislation
_
Ordinance
File Number: 10-00739 Final Action Date:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.rniamigovzorn
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN-OPERATED
MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT
GAMES OR MACHINES," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS,
CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR
ENFORCEMENT AND PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT
GAMES OR MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE
ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS
REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING
SECTION 31-50. ENTITLED "SCHEDULE OF ESTABLISHED BTR'S," BY DELETING AN
ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, gambling is prohibited within the City of Miami, except in certain pari -mutual
locations as allowed pursuant to a referendum; and
WHEREAS, Florida Statute Chapter 849 strictly prohibits any gambling or "game of
chance" involving the exchange of money or other thing of value or under the pretext of a safe,
gift, or delivery thereof, or for any right, share, or interest therein; and
WHEREAS, Florida Statute Chapter 849 allows amusement games or machines which
are considered "games of skill", and
WHEREAS, it is in the best interest of health, safety, and general welfare of the
community, residents, and businesses of the City of Miami ("City") to regulate the operation of
amusement games or machines within the City in order to ensure the proper safeguards with
respect to the prohibition of gambling; and
WHEREAS, the purpose and intent of this ordinance, as amended, is to narrow the
definition of amusement games or machines by making it conform with State law and
specifically, to eliminate any misconstruction of the definition of the types of machines permitted
as one which expands rights beyond the limitations imposed under the exception to gambling by
State law; and
WHEREAS, the purpose and intent of this ordinance, as amended, is to make changes
to the regulations for adequate supervision of the operation of amusement games or machines
within the City; and
WHEREAS, a regulatory scheme is to be implemented to ensure that the operators of
amusement games or machines comply with all state and local statutes and ordinances; and
City of Miami Page 1 of 36 File !d: 10-00739 (Version 5) Printed on 912012010
-1 _3 &'ok-) Proffe-r-ed bj '!)*s�ricf �
b, pool or billiard tables, vending machines, laundry machines, kiddie rides, and
automatic music machines.
G. any dame, machine, contrivance, or device that may be construed as a gambling
device under state law, including any came or machine that includes an _element
of chance and may allow the user to become entitled to receive any money, credit,
allowance, or additional chance to use the _game or machine.
Notwithstanding the language in this provision, paragraph (c) shall not apply to
para -mutual facilities properly allowed under referendum or federal law.
Moreover, paragraph (c) shall not apply to children's Amusement Games or
Machines located in bDna-fide Arcade Amusement Centers and allowable under
Chapter 849, Florida Statutes,
a. This defiRitlor; shall not be iHteweted te mnelude aRy game, P;aGhdRe. GeR
mama toehi-h r,-�y Fewarri the IlSeP With aRY mnncY. GFedi� allawaRpe nr additieRal nl^��nno t_n
GjC.iTT"f9—P'P'rlOTl-IZl'Q-1-'ITi'TPLTT'Cf�LTT[—LT.,f�-TfT[]T'pTTy1'TR�TTG��OTCQl'[HT1'OYl'O'I';phi—pS�Cf'R'Irl'0'I'F'tZr'�iTLi'1'I'QG-CO
efa-PTR foF any AmLl: eMeRt Game $♦-iG }e- at somulates a s!Gt maGhipe, apsmne q_ s
GIRY a-krenir -Dein- name nnrl d -ns nn4 Fewapd_.the bear -litharlu moAetr -Fedi
allns � BF addit n nl -ha 44S - he Ilmus tht� Qf _ateF hall
' E! �r�-I�v3yi�le�#��rF'�e&a�h�n2, shall
to the Git rem. all 'ndependa t r.nmin-.. leherntenr PGeRned nl Irnr inn.
�sF"'r,r'rrrr-so Iz-rv'�ir -
to F=IGF9da Statute Chapter 551, WhiGh iRdoGates that earah AmusemeRt GaMe G� MaGhnne fulf&
all the req Firemepts of Perida Statute Cn-fie- 849 .15 +end this GotFr redo G4apter 17
Wohmithntnnd,nn._ the l_n-nquane On_. this PaFa-raph above, this PPOVisinn �I not._+�ppN a _ren
, 1v�fa, .rel,T! _
mutual
e ilities vwwly alle,a ed uRdesr referendum er fed- rel Inlay MgFeGveF thin nrnrisin
n4^IL nlitto -.hI,,ld Fn n's AmTTnTGnrrl -ren.,t.�Onrna—Qena-fide Ar-nr[l-nn n1td
Aen man4 ('onto rs
i nm� use
Arcade Amusement Center means a place of business that has at least 50 amusement -games
or machines on premises which are operated for the entertainment of the general public and
tourists as a bona fide amusement facility. Examples of such facilities include but are not
limited to, Chuck E. Cheese Cameworks, or Dave and Busters.
Mini -Arcade Amusement Center means a place of business accessory or incidental to another
business Ji.e. a restaurant theater, bowling alley, billiards, etc.) that has 10-49 amusement
games or machines on premises which are operated for the entertainment of the general public
and tourists as a bona fide accessory amusement facility.
City of Miami Page 3 of 36 File id: 10-00739 (Version 5J Pnnted on 91702010
Operator means ho shall own
operate, or otherwise control an Amusement Game or Machine, an Arcade Amusement
Center, or a Mini -Arcade Amusement Center.
Sec, 12-2. Location of Amusement Garnes or Machines, Exception Required.
a. An Operator shall not locate and overate an Amusement Game or Machine within a
room or enclosed area not open—to the —gene rat—pu blic - If a room where an
Amusement Game or Machine is being aerated is locked or barricaded, a
rebuttable -pre wrnotion is created that the area is not open to the.-geneLlf public in
violation of this section_
b. There shall be no more than four Amusement Gatraes or Machines issued to an
Operator 'Per location. More than four -14) Amusement Games or Machines at a
particular location WN re uire further review from the Planning and Zo in
Denartments- Moreover, the location shall reguire an Exception from the Planning,
Zoning. and Appeals Board for more than fourE�achines.
c- Amusement Games or allowed in
zoni than four 4 machines at a
location are only allowed in zoning transects T6-0 or above, and must obtain an
Exception as described above.
Sec. 12-3. Business tax receipts (BTR),
In addition
Prior to beina issued a BTR from the City, the Operator must resent a state
Amusement Game or Machine certificate from the C?e artment of Revenue and
an applicable county STIR for each Amusement Game or Machine Inopergtign
at every locatioD. Operator will need tg-provide the fit with certificate
_L _ _proof of a cer
issued by the Department of Revenue for an Arcade Amusement Center or a
Mini -Arcade Amusement Center and aDy_Applicable count v BTRs for such use.
The r Machine at each
location shall be issued in the name of the ODerator, The ODerat6r must provide
tgjte Citya notarized affidavit from the business owner and the property owner
allowing operation of Amusement Games or Machines within the business and
,pro art res active! friar to the issuance ref the BTR. theperatar shall
provide the City the affidavits of consent from the business owner and the
property owner. All BTRs must be displayed within public view and accessible in
an area within five (5) feet from the physical site of the Amusement Game or
'Machine. BTRs for Amusement Games or Machines are not transferable from
-one (1) Operator to another. If an Operator wishes to relocate an Amusement
Game or Machine covered under a current BTR from one lljlocation to another
then the Operator must submit a new application together with the corEgLppqdinq
transfer fee to chance locations. A new business tax receipt will. be issued
Game or Machine and a
corrected BTR shall be issued reflectin-g the removal of the Arnusernent Game or
Machine at the previous location. The name, address and telephone number of
0 usement Game or Machine
Ciel of Miami Pag6 4 of 36 Re Id: 10-00739 (Vee on 5) Printed an 9d2a,7010
in a location easily read by Amusement Game or Machine users with the size of
lettering equal to or greater than twelve (12) point type
c. It shall be unlawful for the owner, lessor, manager, or person in charge of any
business premises to permit any such Amusement Game or Machine upon such
premises unless such Amusement Game or Machine has the BTR required by
this Code displayed thereon.
For purposes of this subsection each individual animated screen shall constitute
one (1) Amusement Game or Machine regardless of whether the screen is
encased in a console, cabinet, or other fixture, with other screens which receive
electric power, through one (1) source or cord, or are set into motion or permitted
to function through the use of ane (1) bill acceptor, where thUlayer may select a
game at any one (1) screen, such that at any one (1) time you ma rV have more
than one (1) person playing or operating games, at different screens
independently from another. No artifice or scheme shall be used to circumvent
the intent of this subsection.
City staff shall be responsible for the placement of a BTR on each individual
Amusement Game of Machine. The BTR shall be of a material approved by the
City that cannot be tampered with or removed once affixed to the Amusement
Game or Machine and will self-destruct, pull apart, or become void upon removal
from any Amusement Game or Machine. No BTR may be transferred from any
one Amusement Game or Machine to another Amusement Game or Machine.
Any Operator who attempts to remove a BTR from an Amusement Machine or
Game without prior authorization from the City shall be subject to the provisions
described in Section 12-6.
No BTR shall be issued for any machine, contrivance. or device that may be
construed as a gamblinc device under state, including any amusement game or
machine that simulates a slot machine, casino card game or any electronic
casino game, if such game or machine includes an element of chance and may
entitle the user to receive any money, credit, allowance, or additional chance to
use the amusement game or machine.
Notwithstanding the langkj a in this provision, paragraph (f) shall not apply to
para -mutual facilities properly allowed _under referendum or federal law.
Moreover, paragraph (f) shall not apply to children's Amusement Games or
Machines located In bona -fide Arcade_ Amusement Centers and allowable under
Chapter 849, Florida Statutes.
Sec. 124-4. Failure to n��ar�e 'i^�Sa #��
,� ,obtain a business, tax receipt (BTR)m seizure
and disposition of machines.
(a) In the event of nonpayment of the fee for a Gap,- BTR required for any semi -Operated
n4asla+neAmusement Game or Machine, authority is hereby given and granted to the dl+restOFef
fiRanGeCity�Manager or his designee to seize the mash%Amusement Game or Machine, and,
in the event any maGh4eAmusement Game or Machine is seized for the nonpayment of any
t+seRse dee BTR, there shall be added, charged and collected by the city an additional su
hauling fee of $&.9Q125.00 for each Amusement Game or Machine seized and an additional
City of Miami Page 5 of 36 File Id- 10-00739 (Version 5) Printed on 9120/2010
storage fee of $10.00 per day for each A userr nt Game or Machine storedfer--��
In the event any P4ar.#�Amusement Game or
Machinehasbeen seized for the nonpayment of any BTR, such
n4ao4ReAmusernent Game or Machine shall not be released or returned until and unless the
owne opaf�a�Operator thereof has paid to the city the necessary BTR, and the
$54)0 storage fee, and hauling charges,
(b) ThedireGtGF Gf fiRanGeQi�tManaer or �his d�esi nee is hereby authorized and directed, in all
cases where there has been a seizure made for the nonpayment of the 4c�BTR for
---rated marhOesAmusement Games or Machines, to notify the
to Operator, where possible, that the same are being retained under the provisions of the
city Code, and he/she shall, within ninety (90) days from the date of seizure, permit the
owneroperator to regain possession thereof by submission of proof of ownership and the
payment of all charges connected with seizure and storage of the machines.
(c) After the expiration of such ninety (90) -day period, the diFeGtGr _-f1_,_1;naP4eQity Manager or
desigaee shall sell any such m6aGhipiesAmusement Games or Machines not claimed or reduced
to possession by the awpeOperator thereof at public sale after ten JLQj days' notice in writing to
the owpef:02erator, if he can be found, and by advertisement in a newspaper of general
circulation in the city.
(d) Out of the proceeds of the sale of any such fnaGh44e_&Amusement Games or Machines. all
costs and storage shall be first paid, and any balance remaining shall be retained by the city in a
fund in possession of the city for a period of one LI) year in order to enable the owReF 9f th
Operator to prove ownership of the d44 Amusement Games or Machines so
sold, and when such ownership is proven, such surplus fund shall be paid to the OWF�eF
Operator,
(e) After the expiration of one year M, as provided in the paFagraph Rext pr-eoeed44qLhLis
section, any sums arising from the &a4essale of the waGNR&sAmusement Games or Machines
in accordance with the provisions of this section, if unclaimed by the Geof t
maGhinesOperator, shall be transferred to the general fund of the city.
Sec. 12-5. Payment of certificate of authorization fee.
a. An QRerator shall obtain a certificate of authorization from the City for one I ear by
submitting.. a payment of a regulatory fee in the amount of $500.00 per Amusement Game or
Machine. Each year, the Operator shall obtain a new certificate of authorization from the City by
submitting a renewal fee in the amount of $500.00 Der Amusement Game or Machine. No BTR
shall be issued until the certificate of authorization has been obtained, including.the payment of
any other.outstandjn-q reaulatory fees_
b. An Arcade Amusement Center shall pay certificate of authorization fees as established b
the Finance Department below:
I to 4 machines in an Arcade Amusement Center: $500 each machine
5 machines in an Arcade Amusement Center: $2500 flat fee,
6 to 10 machines in an Arcade Amusement Center-.
$3000 flat fee�
11 machines and over'. $5000 flat fee.
c. A Mini -Arcade Amusement Center shall pay certificate of authorization fees as established
by the Finance Department below:
1 to 4 machines in an Arcade Amusement Center: $500 each machine;
5 machines in an Arcade Amusement Center.$2500 flat fee -
6 to10 machines in an Arcade Amusement Center: $3000 flat fee;
11 machines and over: $5000 flat fee.
Sec. 12-36_ Ar aGhiRes Rot to be used for gaFP `'iRgProhibited uses and Enforcement.
s�Amusement Games or Machines opeFated by ;ns Ftisn of Goin,slug�F papeF rwwet o,
shall not be used for gambling or as a game of chance as stated in F.S. §§ 849.15--849.22.
Violations of these provisions shall be subject to penalties stated in F.S. § 849.23 and to a city -
imposed fine in the amount of $500.00.
(b) No Amusement Game or Machine shall depict, exhibit, illustrate, describe, or otherwise
relate to sexual conduct, specified anatomical areas or other adult entertainment as further
defined in the City Zoning Ordinance. Such an Amusement Game or Machine is strictly
prohibited in the City.
(c) No Amusement Game or Machine shall allow replays without the exchange of anything
of value or insertion of a coin, sly token, credit card, or paper currency. Such an Amusement
Game or Machine is strictly prohibited in the City.
0) Violations of this Section shall be prosecuted pursuant to this section and any other
remedy available by law, including but not limited to. Chapter 2, Article X Code Enforcement of
this Code. No Amusement Game or Machine shall operate at a particular business location or
site for one (1) year from the date of any court order, order of the City Commission,- order of a
code enforcement board, or order of a special master that determines or upholds that a
business owner at any location or Operator operates, allows to be operated, or causes to be
placed or operated an Amusement Game or Machine at that particular location or site in
violation of any City, County, state, or federal statute, rule, regulation, or ordinance.
Section 3. Chapter 31 of the City Code entitled Local Business Tax and Miscellaneous
Business Regulations," is amended in the following particulars -.(l)
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
City of Miami Page 7 of 36 File !d: 10-00739 (Version 5) Printed on 9/2012010