HomeMy WebLinkAboutSubmittal-Memo-Commissioner SuarezCITY OF MIAMI
OFFICE OF COMMISSIONER FRANCIS SUAREZ
MEMORANDUM
TO: Honorable Mayor Tomas Regalado, City Commissioners, and City- Manager
CC: Julie 13ru and Elvi Gallastegui
FROM: Commissioner Francis Suarez
DATE: March 26, 2013
Pocket Rein - Urging, Governor Scott and Members of the Florida Legislature 10
Adopt Legislation Clarifying that Vide Gaining Machines Are Prohibited
By this memorandum, I am respectfully requesting to discuss the following pocket item at thc
March 27, 2013, Commission meeting.
RESOLUTION OF Tim MIAMI CITY COMMISSION URGING
GOVERNOR RICK SCOTT AND THE MEMEBERS OF THE FLORIDA
LEGISLATURE TO ADOPT LEGISLATION FURTHER CLARIFYING
FHAT VIDEO GAMING MACHINES ARE STRICTLY PROHIBITED IN
THE STATE OF FLORIDA; FURTHER DIRECTING THE CITY
MANAGER TO ENFORCE THE EXISTING PROHIBITION AGAINST
VIDEO GAMING MACHINES.
Submitted into the public
record in connectiopwith
_ 31"6
2 - St/6/1'01/a frierv)0 - COMM SC/ One r a.)arez itemson 024311
Todd B. Hannon
City Clerk
REDO|l]T|@N OF TUG M}8��l CITY COMMISSION URGING
GOV6K-NOR RICK qC0TTAND TH[ N,1CABU�S 8FTH[ FLORIDA
LEG|9LATUAE TO ADOPT LEGISLATION F0DJUEH C(.ARlFYly�G
THAT VIDEO 6A�{[N(�MAC81NL8ARE STRICTLY PROHIBITED lN
TUE STATE OF yL0N|nA; FURTHER D|KGCT[NG THE CITY
MANA.C�R TO ENFORCE THE EXISTING PROHlB(T[ON AGAINST
V\D60GAMING MACH[NFS.
W11EREAS, Section 849.15 of the Florida Statutes prohibits the commercial operation of
,;any x|nt machine or device, pursuant to which the user thereof, as u nrxu|( of any c|enncn1 of
Chuuco` or o1hur outonnoc unpredictable to binn or her, may become co\iUcd to rocuiv« any
money, credit, allowance, or thing o[va|ue or additional chance or right to usesuch machine or
device"; and
WBBRJ_-AS, every appellate court that has examined Scc�k/o 849.15 has held that this
section prohibits the commercial operation of video gaming ucNn�y because these machines
contain "an inherent element of chance"; and
WHEREAS, onOctober |4,2O|(Lthe City Commission amended Chapter |2o[the City
Code to prohibit the issuance of Business Tax Receipts for machines that '^oimu|mtc[l u x|nt
machine, casino card Aaxnc, or any electronic uuninogomc/` ifyorh machines ncv/ood n|uycm with
nnonc},crcdi1x,oradditional chances to use the machine; and
lVH[J{[A8, the {lt7 o[Mimmi has not issued o single Business Tux Receipt for n video
gaining machine since October Z0l0.making every video gaming machine indncCity illegal und
ouNcct0n immediate confiscation; and
W|IER.E/\S,on October Z6,20|V,the City o[Miumi Police Department announced the
confiscation of'hundrrdu of iUcgo| video gaining machines as part of an enforcement oKbrt
dubbed "Operation Lucky 7x°;and
WBERLEA8. in June 20\|,the (}tficcof/heCi(y/\Uorncyretained ugaining machine
expert to analyze the legality oy97 machines seized during "Operation Luck), 7s,`` and said
expert produced n5V'pagoreport inwhich lie concluded that every seized machine constituted un
illegal gambling device;
WH[Ft[AS, the Florida [ens|uiurc is presently considering legislation sponsored by
Representative Carlos Trujillo that further c|miDcx that video gaming machines are strictly
prohibited in the State o[F|nridu;and
W8ER-EA,S,video gaming machines, which have been linked toorganized crime, destroy
neighborhoods and prey on low-income seniors and families;
� Submitted into the public
' record inconn rd h
items no, /on 034?90
Todd B'Hannon
NOW, THEREFORE, BE IT RESOLVED RY THE COMMJSSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Rcsolutioii are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Rick Scott and the members of
the Florida Legislature to adopt legislation further clarifying that video gaming machines are
strictly prohibited in the State of Florida.
Section 3, The City Manager is directed to develop and implement a plan to identify
and confiscate all illegal video gaining machines in the City of Miami, and to provide a status
report to the City Commission within 30 days of the enactment of this Resolution.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor
Scott, and the members of the Florida Legislature.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{ I}
{1} If the Mayor does not sign )this Resolution, it shall become effective at the end of tett
calendar days from the date it was passed and adopted. II the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
Submitted into the public
record in connection w'th
items ra 1 on 0123 13
Todd B. Hannon
City Clerk