Ordinance 04-1685 ORDINANCE; N0.04=1685
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA
~ CREA'CIlVGAND ESTA.BLISI-II1`tGA.NEW CHAPTER 3.6, TITLED AND
REGI_TILATING "A.DLTLT ARCADE~~", DEFINING AND PROHIBITING
SLOT MACHINES OR SIlVIIL,AF~ DEVICES IN THE CITY OF
LONG'WOOD, PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, Florida Statutes §849.15, prohibits businesses from permitting the operation
of or using or keeping; slot machines or devices operating on the basis of any element of chance; and
WHEREAS, Florida Statutes § 849.16(1) def nes slot machines as any machine used in such
a way that as a result of the insertion of money or other object,. the. machine is caused to be operated, and
if the user by reason oaf element of chance may be entitled to a prize or replay; and
WHEREAS, businesses known as "Adult Arcades" or "gaming amusement centers" have
begun to operate witYun cities and counties surrounding Longwood in the Central Florida area which
significantly and adversely affect the public health, safety, morals and welfare of the citizens, .residents
and tourists of those areas; and
WHEREAS, despite the fact that theses businesses violate the law by using slot machines,
and awarding. gift certiificates redeemable as .cash, cash valuable gift certificates or other things of value,
or these businesses leave attempted to utilize the state law exemption found in Section 849.1.61, Florida
Statutes, in order to operate their businesses; and
WHEREAS, the City of Longwood finds it necessary to further define "slot machines" to
make clear that these machines are unlawful because the machines involve an element of chance, even if
a business allegedly meets the requirements of §.849. 61, Fla. Stat.; and
WHEREAS, the State of Florida has prohibited all forms of gambling, including the
operation of any kind of slot machines, and gambling is a misdemeanor under the statutes; aid
WHEREAS, the City of Longwood ha:> the duty and authority, through its police powers,
to ensure appropriate regulation, licensing and permitting of businesses, as such are vital to the public's
health, safety, morals ,and welfare as deficient or inadequate regulations can lead to public harm; and
WHEREAS, stricter local regulation of these gaming or slot machines is permissible,
provided such regulations are not in conflict with the State laws.
NOW 7[~-~REFORE, BE IT ENACTI=;D BY THE CITY COIVIlv1TSSION OF THE CITY
OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION 1: There is hereby created a new Chapter 3.6 entitled "Adult Arcades"
which shall provide as follows:
CFIAP7CER 3.6 ADI:TLT ARCADES
Section 3.6-1. Purpose and intent; findings; jLurisdiction; statutory authority.
The purpose of this Article is to regulate, within the City of Longwood, Florida, those games,
machines or devices which are unlawful under Chapter 849, Florida Statutes, because the machines are
slot machines or devices as defined herein and in Chapter 849. The City Commission finds that evidence
has been propounded indicating that slot machines or devices can lead to gambling addictions, along with
the secondary consequences that such addictions impose upon the community, including uicreases in
crime, debt, suicide and other negative effects on the ]health, safety, morals and welfare of the residents
and visitors of the areas where these devices exist. B;~ law, local governments have all powers of self-
government which do not conflict with Florida laws, including those police powers sufficient to eliminate
public nuisances and regulate activities which would otherwise cause harm to the public.
Section 3.6-2 Defmitio:ns.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
Slot Machine o~° device means an amusement machine, device, game or instrument operated by
.
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means of the insertion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a
game, contest of skill or amusement of any description, which device, machine, game or instrument is
similar to, or in the nature of a casino-type slot machine. This definition is not intended to and specifically
does not include merchandise vending machines, coin-operated mechanical or electrical musical instniments
or devices, or coin-operated amusement devices which are not in the nature of, or similar to, casino-type
slot machines.
Casino-Type pilot Machines means, for purpose of this Chapter, a machine, device, game or
instrument which is prohibited by §849.16, Fla. State., or which, by means of any element of chance, even
where the application ~of skill is involved, has as its ot~ject the lining up of two or more colors, lights, or .
spinning objects, or any combination thereof.
Section 3.6-3. Slot MaEChines or Devices Prohibited.
(A} It shall be unlawful to have, own, operate, use, or allow another to have, own operate or
use a slot machine or device in the City of Longwood, and slot machines or devices are
hereby prohibited in the City of Longwood.
(B) No oce~~pational licenses shall be issued! by the City for any business or organization which
proposes to operate a slot machine or dE;vice in the City and no occupational license shall be
issued b~y the City for a slot machine or device.
(C) This Article shall not be construed to emend the Longwood Development Code, or any
other land development regulation or ordinance in effect in the City.
SECTION 2: ]Penal rovi~on. Violations oi'this ordinance shall be punishable by a fine in an
amount not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding sixty
(60) days. Either or both penalties may be imposed. ] ach day during which any violation occurs shall
constitute a separate offense.
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SECTION 3: Severability. Tf any section or portion of a section of this Ordinance proves to be
~ invalid, unlawful or wnconstitutional; it shall not be held to impair the validity, force or effect of any other
section or part of this Ordinance.
SECTION 4: Codifica#ion. It isahe intention of the City Commission of-the City of
Longwood, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be
- made~part of the Code of Ordinance of the City of Longwood, Florida; that the Sections of this Ordinance
may be renumbered or re-lettered to accomplish such intention; that the word, "Ordinance" may be
changed to "Section," "Article," or other appropriate word.
SECTION 5: Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same
..are hereby repealed.
SECTION 6: Effective Date. That this Ordinance shall become effective immediately upon
passage and adoption.
FIYtST READING: ~~d~ ZOO
SECOND READING: r7d~ 2~0
PASSED AND ADOPTED THIS ~~~DAY OF _~d-i`c.li! , A.D., 2004.
~)o~~ ~ _ _
Daniel J. Anderson; MA ~ OR
CITY O:E LONGWOOD, FLORIDA
AT
- ~
Sarah Mijares,-~'ITY C'LEItK
CITY Or LONGWOOD, F.I,ORIDA
Approved as to form and legality for the use and reliance of the Ci_ty_of Longwood, Florida, only.,
j
d"f !
O~''~/~
Richarcl~;S. Taylor, Jr.
CITY A'CTORNEY, LONrCpWOOD, FLORIDA
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