HomeMy Public PortalAbout15-33 REQUIRE A CERTIFICATE OF AUTHORIZATION FOR MACHINE OWNERS, OPERATORS AND BROKERS 1 s`Reading: October 14, 2015
2nd Reading: December 9,2015
Public Hearing: December 9, 2015
Adopted: December 9, 2015
Effective Date: December 9,2015
Sponsored by: City Manager
ORDINANCE NO. 15-33__
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 TO
ALSO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR
MACHINE OWNERS, OPERATORS, AND BROKERS;
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 will require a certificate of authorization for machine
owners, operators and brokers; 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 Ordinance 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
Ordinance No. 15-33
Type I 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,
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:
(i)
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 I5 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.
• Sec13-103A - 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 he 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 Il
amusement machines allowed at any one location; provided,however, that the amusement center
separates the location of type H amusement machines from type I amusement machines on the
premises.
• Sec. 13-103B.- Alcoholic beverages; limitations.
Type II amusement machines, as defined in section I.3-93, 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
section 13-93, 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.
Ordinance No. 15-33
A. Type I amusement machines,limitations.
Not more than four(4) amusement machines shall be 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:
(a)
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 commission 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, other than a music machine, shall he
be-u41la-wfu to permit such use.
Ordinance No. 15-33
• Prohibited. No type 1 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 he responsible for
the enforcement of this section.
(c)
• Sign reciuired. Every licensee, owner, proprietor and person in charge of such machine
shall cause to he placed and maintained at the end of the machine and attached thereto.
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 17 Not Allowed to
Operate This Machine."
(d)
• Type H amusement machines shall each hear 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.
Sec. 13 97. Use for gambling.
chance.
• Sec. 13-97. - Gambling.
No operator authorized under this article, business owner, or any other person shall permit
any type 1 amusement machine or type II amusement machine to be used for gambling or games
of chance so as to he in violation of F.S. ch. 849.
• Sec. 13-1031). - Hours of operation in industrial-zoned properties.
Type 1 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 11 amusement
machine is found to operate on the premises of a business outside of the permitted hours of
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.
Ordinance No. 15-33
• Sec. 13-103E. - Payment of certificate of authorization and per machine fee for type 11
machines; payment and performance bond; criminal background check and proof of
corporate good standing for machine operator hereunder of type 11 amusement machines.
A machine operator of a type II amusement machine shall obtain:
(i)
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 (lb 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 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
Ordinance No. 15-33
membership in good standing from the industry association, and payment of the fee for each
machine pursuant to subsection
• 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 hoard 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, I �-I( A, 13-I(} h, I 3-9S, I ;-99, 13-i(}X31) and ',-10-;1
)31.
( ))
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 hoard 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 O.00
h.
Juke organs, or phonographs, each 50.00
c.
Shuffleboard, pool tables, skill machines, etc. .....100.00
t1-
Soft drinks. food products, and the like,journals and digests, merchandise vending
10.00
Weighing machine or device, each 10.00
the vending machine license if not otherwise paid.)
Amusement Type I machines.
a.
Pinball and the like, each .....50.00
b.
Juke organs, or phonographs, each 70.00
Ordinance No. 15-33
c.
Shuffleboard, pool tables. skill machines,etc. 120.00
d.
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 re-codified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 9th day of December, 2015.
. /----N.
All r
My a L. 'aylor
- ayor
Attest to: Approved as to form and legal sufficiency:
A L A4kl` I —„,;.
J e. a Flores Vincent T. Brown
C. y Clerk The Brown Law Group, LLC
City Attorney
Ordinance No. 15-33
Moved by: COMMISSIONER PINDER
Seconded by: COMMISSIONER SANTIAGO
Commissioner Vote: 3-0
Commissioner Kelley: NOT PRESENT
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: OUT OF ROOM
Mayor Taylor: YES