HomeMy Public PortalAbout15-15 REGULATING COIN OPERATED DSEVICES 1st Reading: June 10, 2015
2"d Reading: July 8, 2015
Public Hearing: July 8, 2015
Adopted: July 8, 2015
Effective Date: July 8, 2015
Sponsor: Mayor Taylor
ORDINANCE NO. 15-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA AMENDING CHAPTER XIII,
ARTICLE V OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES REGULATING COIN OPERATED DEVICES;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING
FOR SEVERABILITY AND CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka has reviewed Chapter XIII,
Article V of the Opa-locka Code of Ordinances, regulating coin operated devices, including
amusement machines; and
WHEREAS, the City Commission has received public input regarding the revised Code and
believes that an amendment to the code is required to be consistent with existing law and to protect
the public interest.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Chapter XIII, Article V of the Opa-locka Code of Ordinances is
hereby amended as follows:
Sec. 13-93.Amusement machines defined.
As used in this article, the term "amusement machine" shall mean any coin operated
machine or device other than those dispensing or providing goods or services.
Type 1 amusement machines means any machine, contrivance or device that provides for the
bona fide entertainment or amusement of the public and that, as a result of the insertion of a coin,
Ordinance No. 15-15
slug, or token, the machine or device is set in motion, permitted to function or operate and that
by application of skill, may entitle the person playing or operating the machine to:
Receive points or coupons that may be exchanged for merchandise only, (limited to
noncash prizes, toys, or novelties, excluding cash, gift cards or any other cash
equivalents, alcoholic beverages, beer or wine), provided the cost value of the
merchandise or prize awarded in exchange for such points or coupons does not exceed
$1.00 on any game played; or
(ii)
Replay the game or device at no additional cost if the game or device can accumulate or
react to no more 15 replays, can be discharged of accumulated free replays only by
reactivating the game or device for one additional play for such accumulated free
replay, and can make no permanent record, directly or indirectly, of free replays.
This definition shall not be interpreted to include any game or machine that may be construed as a
gambling device under state law. This definition excludes pinball machines, pool or billiard
tables, vending machines, laundry machines, soda machines, kiddie rides, and automatic music
machines.
Type II amusement machine means a type I machine whose graphics depict, exhibit,
illustrate, describe or relate to casino-style games. This definition shall not be interpreted to
include any game or machine that may be construed as a gambling device under state law.
• Sec.13-103A - Amusement centers and bingo parlors.
All amusement centers shall be located in B-2 Commercial liberal Zoning District
locations (the entire shopping center) that have floor areas in excess of 75,000 square feet. There
shall be only one amusement center in each shopping center meeting the area requirement.
Amusement centers and bingo parlors are exempted from the limitation on the number of type II
amusement machines allowed at any one location; provided, however, that the amusement center
separates the location of type II amusement machines from type I amusement machines on the
premises.
Sec. 13-103B. - Alcoholic beverages; limitations.
Type II amusement machines, as defined in section 13-93, shall not be located or operated
on premises where alcoholic beverages, beer or wine are consumed or sold for consumption on
the premises if the total ground or upper floor space of the service or seating area located on the
premises is less than or equal to 850 square feet. Type II amusement machines, as defined in
scction 13-9.3, may be located or operated on premises where alcoholic beverages, beer or wine
are consumed or sold for consumption on the premises if the total ground or upper floor space of
the service or seating area located on the premises exceeds 850 square feet.
Sec. 13-98.—- Maximum number of amusement machines.
2
Ordinance No. 15-15
A. Type I amusement machines, limitations.
Not more than four(4) amusement machines shall he licensed or operated at any one
place of business unless a permit is obtained.for additional machines at a location which shall
provide a certificate of compliance with the requirements of the Dade County Fire Code and all
applicable regulatory codes.
B. Type II amusement machines, limitations.
Operators of type II amusement machines are subject to the following limitations in
addition to those imposed by state law:
There shall be no more than four type II amusement machines in any permissible business
location or site, except as provided for amusement centers, bingo parlors, or carnivals.
The computation of the number of machines shall include counter amusement
machines and standing amusement machines.
(b)
An operator shall not locate and operate a type II amusement machine within a room or
enclosed area not open to the general public. If a room where a type II machine is
being operated, is locked or barricaded, a rebuttable presumption is created that the
area is not open to the general public in violation of this subsection.
• Sec. 13-103C. - Revocation of certificate of authorization and business tax receipt.
If the person to whom a business tax receipt or certificate of authorization has previously
been issued under this article shall thereafter be convicted or plead guilty or nolo contendere to
any felony involving gambling, fraud, theft, controlled substances, or a violation of any criminal
law, including misdemeanors, involving gambling or the sale, transportation, distribution or use
of amusement machines or gambling machines, the certificate or business tax receipt shall
immediately thereafter be revoked by the city council after a public hearing, notice of which
shall be served in writing upon the certificate or business tax receipt holder at least 15 days
before the date set for the hearing, if the public hearing establishes that the facts set forth in this
section requiring a revocation of the certificate or business tax receipt do indeed exist.
Sec. 13-99. - Use of amusement machines by minors.
(a)
• Prohibited. No coin operated amusement machine, of - - • • • - • -•
patronized, operated or used by children under the age of seventeen (17) years and it shall
be unlawful to permit such use.
3
Ordinance No. 15-15
• Prohibited. No type I amusement machines deemed by City Officials or Designee, and
type II amusement machines, shall be patronized, operated nor used by children under the
age of seventeen (17)years and it shall be unlawful to permit such use.
(b)
• Responsibility. The owner, proprietor or licensee of any such machine, and the owner,
proprietor or licensee of any place of business where any such machine is located or
operated, or any employee in charge thereof, shall each and severally be responsible for
the enforcement of this section.
• Sign required. Every licensee, owner, proprietor and person in charge of such machine
shall cause to be placed and maintained at the end of the machine and attached theretg,
facing any operator thereof, one neatly painted or printed sign easily legible ten (10)feet
away from the machine, and carrying the words: "Children Under l 7 Not Allowed to
Operate This Machine."
(d)
• Type II amusement machines shall each bear a sticker, at least three inches in diameter,
which clearly and legibly says "play prohibited by minors."
(e)
• It shall be the responsibility of the machine operator to ensure that minors (Children
under the age of seventeen (17) are prohibited from playing such machines at all times.
Failure of the machine operator to monitor and prohibit play by minors of such
designated machines shall be sufficient cause to subject the machine operator to
revocation of the certificate of authorization or business tax receipt under this article.
chance.
• Sec. 13-97. - Gambling.
No operator authorized under this article, business owner, or any other person shall permit
any type I amusement machine or type II amusement machine to be used for gambling or games
of chance so as to be in violation of F.S. ch. 849.
• Sec. 13-103D. - Hours of operation in industrial-zoned properties.
Type I or type II amusement machines shall operate only between the hours of 7:00 a.m.
and 9:00 p.m. within properties that are zoned industrial. If a type I or type II amusement
machine is found to operate on the premises of a business outside of the permitted hours of
4
Ordinance No. 15-15
operation, then the business shall cease operations after 9:00 p.m. and before 7:00 a.m. The city
shall enforce this limitation of the hours of operation through a cease and desist order issued by
the license administrator or the police chief, acting on behalf of the license administrator,
immediately after the order is posted on the premises.
• Sec. 13-103E. - Payment of certificate of authorization and per machine fee for type II
machines; payment and performance bond; criminal background check and proof of
corporate good standing for machine operator hereunder of type II amusement machines.
A machine operator of a type II amusement machine shall obtain:
A certificate of authorization from the city as a non-exclusive franchise for one year by
submitting a payment of a nonrefundable fee of$2,500.00;
(ii)
A payment and performance bond, letter of credit, cash or other security acceptable to the
city in the amount of$10,000.00 with the city as the obligee; and
(iii)
Shall pay a fee of nonrefundable $600.00 for each of the first four type 11 amusement
machines at each location.
An amusement center is excused from payment of the certificate of authorization fee under
subsection (i) and payment of or proof of the $10,000.00 security deposit under subsection (ii)
above, provided that the amusement center is a member in good standing of a state or regional
arcade or amusement center association in Florida that adopts and enforces bylaws, rules,
regulations, and/or a code of ethics and standards that focus on compliance with state law and
foster good business practices and actively supervises the lawful operation of their member's
amusement centers monitoring compliance with the requirements of state law and the
association's bylaws, rules, regulations and/or code of ethics and standards and disciplining its
members by imposing corresponding penalties for violations. Amusement center operators must
provide proof of membership in good standing, copy of the association's bylaws, rules,
regulations, and/or code of ethics, and a copy of the association's disciplinary standards,
procedures, and penalties. The amusement center must consent to the disclosure of any and all
records relating to disciplinary actions taken by the association against it for violations of the
association's bylaws, rules, regulations, and/or code of ethics and standards.
Certificates of authorization shall be issued only to corporations in good standing and registered to
do business in Florida, limited liability companies in good standing, partnerships in good
standing, limited liability partnerships in good standing or limited liability limited partnerships in
good standing or individuals. Certificates of authorization shall only be issued to a corporation or
partnership where all corporate officers and directors, or partners, as the case may be, and by all
stockholders who own, hold or control five percent or more of issued and outstanding stock in
the corporation or beneficial interest therein, or individual owners, upon a criminal background
check paid by the certificate-holder reveal that such officers, directors or stockholders of a
corporation or corporate general partner; or partners of a partnership within the last five years
5
Ordinance No. 15-15
preceding the application date or renewal date for a certificate of authorization hereunder have
not committed a felony or pled guilty or no contest to a felony involving gambling, fraud, theft
or controlled substances; or violation of any criminal law, including misdemeanors, involving the
sale, distribution or use of amusement machines or gambling machines. Each year, the machine
operator shall provide proof of the renewal or new bond, a certificate of status from the Florida
department of state, submission of a background check as described above, and payment of all
fees. In addition to the submission of a criminal background check, amusement centers must
provide a certificate of good status from the Florida department of state, a certificate of
membership in good standing from the industry association, and payment of the fee for each
machine pursuant to subsection (iii).
• Sec. 13-103F. - Additional penalty.
(a)
In addition to penalties provided in this code, no type I or type II amusement machine shall
operate at a particular business location or site for one year from the date of the court order,
order of the city council, code enforcement board or special master that determines or
upholds that a business owner at any location, or machine operator operates, allows to be
operated or causes to he placed or operated, an amusement machine at that particular
location or site in violation of sections 13-93 13-l03A� ! 1t) l3 13-9)813_t)'I 13 (t )
and 1 3-- 1(131.
(b)
In addition to penalties provided in this code, no business shall operate at a particular
business location or site for one year from the date of the court order, order of the city
council, code enforcement board or special master that determines or upholds that a
business owner of the location, or machine operator operates, allows to be operated, or
causes to be placed or operated, an amusement machine at that particular location or site in
violation of section 13-97
a.
Pinball and the like, each 30.00
b.
Juke organs, or phonographs, each 50.00
c.
Shuffleboard, pool tables, skill machines, etc. 100.00
Soft drinks, food products, and the like,journals and digests, merchandise
machine 10.00
e:
6
Ordinance No. 15-15
.: • .., -::: . . . - like,journals and digests, merchandise vending
Weighing machine or device, each 10.00
(Note: Proprietors of places of business and/or owners of record of the premises
in or on which the above listed machines are placed shall be jointly responsible
for the vending machine license if not otherwise paid.)
Section 3 All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence,clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 8th day of July, 2015.
/
�_l ' AA
/M ra L..aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
ISe '"
`oanna Flores Vincent T. Brown
City Clerk The Brown Law Group
City Attorney
7
Ordinance No. 15-15
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER PINDER
Commissioner Vote: 4-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: NOT PRESENT
Mayor Taylor: YES
8
14ND I ND MiamiHerald.com I MIAMI HERALD
MIAMI SPRINGS
d o11,
! City agrees to `major
CITY OF OPA-LOCKA,FLORIDA repairs' at Curtiss Mansion
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka.Florida BY THEO KARANTSALIS sion remains open,safe and to settle"all claims"regard-
will hold a public hearing at its Regular Commission Meeting on Wednesday,July 8,2015 Special to the Miami Herald available to rent for wed- ing the Curtiss Mansion with
at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Barack Obama(Perviz) Miami Springs council dings,quinceneras,meetings, RJ.Heisenbottle Architects
Avenue,Opa-locka,Florida to consider the following items: members have voted unani- birthdays or any special day P.A.,Douglas Wood Associ-
SECOND READING ORDINANCES/PUBLIC HEARING: mously to execute a settle- you wish to celebrate with ates,and Carivon Construc-
ment agreement to conduct friends and family." tion Co.The parties"deny
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- "major repairs"at the Curtiss Ayearandahalflater,city any allegation of any wrong-
LOCKA,FLORIDA,AMENDING CHAPTER 2,ARTICLE XIV;SECTIONS Mansion,500 Deer Run Dr. attorney Jan Seiden told the doing,"states the settlement
2-653—2-658 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES About one year after the council on June 22: "For agreement
CHAPTER 2,.ADMINISTRATION,ESTABLISHING A SCHEDULE OF FEES; mansion reopened its doors some time now,the Curtiss The pueblo-style home,
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR in April 2012,it started fall- Mansion has experienced built in 1925,was once home
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND mg apart. warranty issues involving to Glenn Curtiss, who is
The city quickly sent the the wood,the timbers there credited with building Mia-
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading architect,engineer and con- have been rotted out,some mi Springs,as well as neigh-
held on June 10,2015).Sponsored by L.S. tractor notice of the man- have been replaced and now boring Hialeah and Opa-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF sion's "premature rotting, major repairs need to be locker The home burned
OPA-LOCKA, FLORIDA, AMENDING THE RATES FOR SOLID deterioration,and failure of done" down in the 1970s.
cypress timbers in the col- The costs of repairs re- In1998,the nonprofit Cur-
WASTE COLLECTION SERVICES; PROVIDING FOR CONFLICT AND limns,balcony,railings and main unknown,Seiden said tiss Mansion Inc. was
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; trellis" areas, a notice of Friday,when asked by the formed and tasked with rais-
PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 10,2015). claim filed by the city Feb.11, Miami Herald how much it ing money to rebuild the
Sponsored by C.M. 2014,shows. would cost to replace the historic home, which reo-
That
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF That month, the city of rotted wood at the mansion. penedin2012."This all-vol-
Miami Springs and the non- "No real dollars involved," unteer group raised more
OPA-LOCKA, FLORIDA, AMENDING CHAPTER XIII, ARTICLE V OF profit group that runs the Seidensaid."The insurers re- than$4.5 million for this ef-
THE CITY OF OPA-LOCKA CODE OF ORDINANCES REGULATING Curtiss Mansion jointly is- sponsible for the architect, fort,"according to the city of
COIN OPERATED DEVICES; PROVIDING FOR INCORPORATION OF sued a news release that engineer and contractor are Miami Springs website.
RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING stated,in part:"The Curtiss picldngupthecosts." "The work will start on
FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN Mansion in Miami Springs is The Miami Springs City Aug.l7 and be concluded be-
EFFECTIVE DATE(first reading held on June 10,2015).Sponsored by Al.Z not falling down.The Man- Council voted 5-0 on June 22 fore Sept.21,"Seiden said.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA,AMENDING CHAPTER 11,ARTICLES I THROUGH KEEPING KIDS FIT
IV AND ADDING ARTICLE V OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES CHAPTER 11,GARBAGE AND TRASH; PROVIDING FOR Keep kids healthy outside this summer
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; •OUTDOORS,FROM I2ND s,are at higher risk of injury Even fireworks that seem
PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 1(1,2015). and death than motor vehi- ldd-friendly,like sparklers,
Sponsored by PP structions on the product cle passengers.To enjoy can reach temperatures
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- label.Apply only on ex- biking safely: over 1,000 degrees and put
posed sldn and outside of •Always wear a helmet. kids at risk for severe
LOCKA,FLORIDA,AMENDING CHAPTER 15,ARITCLE III OF THE CITY clothing.Do not use prod- Develop the"helmet habit," burns.Here is the only tip
OF OPA-LOCKA CODE OF ORDINANCES CHAPTER 15,ARTICLE III ucts that combine sun- where your kids wear a you need to enjoy
LITTERING,PROVIDING FOR CONFLICT AND REPEALER;PROVIDING screen and insect repellent helmet every bike ride,no fireworks:
FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN into one. matter how close they are
EFFECTIVE DATE(first reading held on June 10,2015).Sponsored hyPP •If using repellent con- to home. PriyankaMehrotra is a
taining DEET,make sure it FIREWORKS SAFETY fourth-year medical student
Additional information on the above items may be obtained in the Office of the City Clerk, contains less than 30 per- in the MD-MPH program
3400 NW 1 35th Street,Bldg.B,Opa-locka,Florida.All interested persons are encouraged to cent DEET. One of the most iconic and Julia Belkowitz,M.D.,is
attend this meeting and wilt be heard with respect to the public hearings. •Insect repellent should summer celebrations is the assistant professor of din-
PC RSUANT TO FS 286.0105:Anyone niro desires to appeal any decision made by any board, not be used in kids less Fourth of July.However, ical pediatrics and Assistant
agency or conrmis.sion taint respect to any natter considered at such meeting or hearing will than two months of age. this day is especially dan- Regional Dean for Student
need a record of the proceedings.and fin that reason,sitar steed to ensure that a verbatim gerous because of injuries Affairs at the University of
record of the proceedings is made.which record includes the testimony and evidence upon BIKE SAFETY related to home fireworks, Miami Miller School of
which the appeal+nor he bused. Biking is a great way to especially among children. Medicine.For more infor-
.JO.ANNA FLORES,CMC get around and exercise in Hands,eyes and faces are motion,visit UHealth
CITY CLERK the summer days.However, among the most common System.com/patients/
bicyclists,especially kid- sites of fireworks injuries. pediatrics.