Agenda Item Cover Sheet Agenda Item No. A-23 Meeting Date x Consent Section Regular Section October 03, 2012 Public Hearing Subject: Set a Public Hearing to consider enactment of an ordinance amending Hillsborough County Ordinance 11-22 which prohibits the use of simulated gambling devices in the unincorporated areas of Hillsborough County. Department Name: County Attorney's Office Contact Person: Paul D. Johnston Sign-Off Approvals: Contact Phone: Managing County Attorney County Attorney 09/21/2012 Date NA Joint Department Director 09/21/2012 Management and Budget – Approved as to Financial Impact Accuracy Date 272-5670 09/21/2012 Date Date 09/21/2012 Assistant County Attorney Date Staff's Recommended Board Motion: Direct Staff to advertise and set a public hearing for October 17, 2012 at 2:00 p.m. to consider enactment of an ordinance amending Hillsborough County Ordinance 11-22 which prohibits the use of simulated gambling devices in the unincorporated areas of Hillsborough County. This action will have no impact on County finances. Financial Impact Statement: This action will have no impact on County finances. Background: Hillsborough County Board of County Commissioners enacted Ordinance 11-22 prohibiting the use of simulated gambling devices in the unincorporated areas of Hillsborough County. Since its enactment and in an effort to get around the intent of the ordinance, some businesses have changed the manner in which the user accesses, or connects with, such devices. Staff has determined that the term "upon connection with" should be amended to close this loop-hole in the ordinance. Staff, through consultation with the State Attorney and Sheriff Offices, has also determined that the criminal enforcement and penalties in 11-22 should be removed, allowing all enforcement to be conducted by the County's code enforcement department. Removal of the criminal enforcement and penalties will bring 11-22 in line with the Seminole County ordinance which has already survived preliminary challenges in federal court. The BOCC, at its regular meeting of September 19, 2012, directed the County Attorney's Office to draft an ordinance amending 11-22 to address the above matters. Staff has drafted the attached proposed ordinance and requests that the Board direct staff to advertise and schedule a public hearing for the consideration of this ordinance on October 17, 2012 at 2:00 p.m. List Attachments: Proposed Ordinance 3 2nd Draft PDJ 09/20/12 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE OF HILLSBOROUGH COUNTY, FLORIDA AMENDING HILLSBOROUGH COUNTY ORDINANCE 11-22; PROVIDING FOR AMENDMENT OF THE TERMS “UPON CONNECTION WITH” AND “OBJECT”; PROVIDING FOR THE DELETION OF CRIMINAL ENFORCEMENT AND MISDEMEANOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE AND AN EFFECTIVE DATE. WHEREAS, on December 7, 2011, the Hillsborough County Board of County 12 Commissioners enacted Hillsborough County Ordinance 11-22 to prohibit the use of 13 simulated gambling devices in the unincorporated areas of Hillsborough County; and 14 WHEREAS, after the enactment of ordinance 11-22 some businesses, in an effort to 15 circumvent the intent of the ordinance, altered the manner by which a user accessed or 16 connected with a simulated gambling device; and 17 18 WHEREAS, the BOCC has determined that ordinance 11-22 should be amended to address these attempts to circumvent the ordinance; and 19 WHEREAS, the BOCC has determined that it is in the best interest of the County to 20 provide enforcement of ordinance 11-22, as amended, through the administrative code 21 enforcement process, eliminating criminal enforcement and penalties from the ordinance; 22 and 23 24 WHEREAS, implementation of this ordinance amending ordinance 11-22 is in the best interest of the citizens of Hillsborough County. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THAT: 28 SECTION 1. The aforementioned recitations are incorporated herein by reference. 4 2nd Draft PDJ 09/20/12 1 2 3 4 5 SECTION 2. Section 3 of Hillsborough County Ordinance 11-22 is amended to read: SECTION 3: DEFINITIONS (a) Person: means an individual, association, partnership, joint venture, 6 corporation, or any other type of organization, whether conducted for profit or not for 7 profit, or a director, executive, officer, manager, or employee of an association, 8 partnership, joint venture, corporation, or other organization. 9 (b) Simulated gambling device: means any device that, upon connection 10 with an object, is available to play or operate a computer simulation of any game, and 11 which may deliver or entitle the person or persons playing or operating the device to a 12 payoff. The following rules of construction apply to this definition of “simulated gambling 13 device”: 14 (1) The term “device” means any mechanical or electrical contrivance, 15 computer, terminal, video, or other equipment that may or may not be capable of 16 downloading games from a central server system, machine, computer, or other device 17 or equipment. 18 (2) The term “upon connection with” means insertion, swiping, passing 19 in range, or any other technical means physically or electromagnetically connecting an 20 object to a device, or by the inputting of a set of numbers or other code received directly 21 or indirectly from an employee or agent of the business for the purpose of accessing or 22 activating a device. 23 24 (3) The term “object” means a coin, bill, ticket, token, card, set of numbers or other code, or similar object, obtained directly or indirectly through payment 2 5 1 2nd Draft PDJ 09/20/12 of consideration, or obtained as a bonus or supplement to another transaction involving 2 the payment of consideration. 3 (4) 4 The terms “play or operate” or “play or operation” includes the use of skill, the application of the element of chance, or both. 5 (5) The term “computer simulation” includes simulations by means of a 6 computer, computer system, video display, video system, or any other form of electronic 7 video presentation. 8 9 (6) The term “game” includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a drawing, contest or other 10 promotion, lotto, sweepstakes, and any other game associated with gambling or which 11 could be associated with gambling, but the term “game” does not necessarily imply that 12 actual gambling is involved. 13 (7) The term “payoff” means cash, monetary or other credit, billets, 14 tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise 15 or anything of value whatsoever, whether made automatically from the machine or 16 manually. 17 (8) The use of the word “gambling” in the term “simulated gambling 18 device” is for convenience of reference only. The term “simulated gambling device” as 19 used in this Ordinance is defined exclusively by this subsection and does not 20 incorporate or imply any legal definition or requirement applicable to gambling that may 21 be found elsewhere. 3 6 1 (c) 2nd Draft PDJ 09/20/12 Slot Machine: means any electrical, mechanical, or electromechanical 2 device which is adapted for use such that by the insertion of coin(s), token(s), or other 3 method of payment the device will allow an operator to play or operate the machine 4 such that the device displays pictures, icons, or other images which may, depending 5 upon the displayed combination of said pictures, icons, or other images, allow the 6 operator to obtain an item or items of value, including but not limited to money, objects, 7 or coupons. Such devices shall be deemed slot machines regardless of whether the 8 operation of the device is affected by chance, by the application of skill, or by any 9 combination thereof. Examples of slot machines include but are not limited to the 10 games known as “Fruit Paradise”, “New Cherry”, “Fruit Bonus”, “Triple Jack”, “Magical 11 Odds”, “Mystery J&B”, “Klondike”, and “Reel of Fortune”. Games such as pinball, 12 mechanical grab machines, shooting games, and other similar games are not slot 13 machines. 14 15 16 SECTION 3. Section 9 of Hillsborough County Ordinance 11-22 is amended to read: SECTION 9: ENFORCEMENT, PENALTIES, AND INJUNCTIVE RELIEF 17 The County’s code enforcement officers, law enforcement, or any other person 18 authorized to enforce county ordinances in Hillsborough County may enforce the 19 provisions of this ordinance. 20 enforcement action pursuant to Hillsborough County Ordinance No. 10-27, as amended. 21 However, Aany enforcement action or legal remedy available under controlling state law 22 including, but not limited to, prosecution as a misdemeanor with a fine not exceeding 23 Five-Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) 24 days or by both fine and imprisonment, may be imposed as a penaltypursued in order Enforcement of this ordinance shall be by code 4 7 2nd Draft PDJ 09/20/12 Each simulated gambling device, 1 to carry out the provisions of this ordinance. 2 possession or use thereof, constitutes an individual offense for the purpose of 3 Hillsborough County Ordinance 10-27, as amended. Nothing contained herein shall 4 prevent the County from taking such other lawful action in law and equity as may be 5 necessary to remedy any violation of, or refusal to comply with, any part of this 6 Ordinance, including but not limited to: 7 8 9 10 11 12 13 14 (a)Code Enforcement action pursuant to Hillsborough County Ordinance No. 1027, as amended. (e)(a) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction; (f)(b) Initiating an action to recover any and all damages that may result from a violation of, or a refusal to comply with, any part of this Ordinance; or (d)(c) Utilizing any other action or enforcement method allowable by law. SECTION 4: SEVERABILITY 15 If any section, subsection, sentence, clause, phrase, or provision of this 16 Ordinance is for any reason held invalid or unconstitutional by any court of competent 17 jurisdiction, such holding shall not be construed to render the remaining provisions of 18 this Ordinance invalid or unconstitutional. 19 SECTION 5: FILING OF ORDINANCE AND EFFECTIVE DATE 20 In accordance with the provisions of §125.66, Florida Statutes, governing 21 ordinances, a certified copy of this Ordinance shall be filed with the Florida Department 22 of State by the Clerk of the Board of County Commissioners. This Ordinance shall take 23 effect upon filing with the Florida Department of State. 5 8 2nd Draft PDJ 09/20/12 1 2 3 4 5 STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) I, PAT FRANK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of 6 County Commissioners of Hillsborough County, Florida, do hereby certify that the above 7 and foregoing is a true and correct copy of an Ordinance adopted by the Board at its 8 regular meeting on the ___ day of _____________, 2012, by a vote of _______ voting 9 yes and ______ voting no, as the same appears in record in Minute Book ________ of 10 the Public Records of Hillsborough County, Florida 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WITNESS my hand and official seal this ______ day of _______________, 2012. PAT FRANK CLERK OF THE CIRCUIT COURT BY:_____________________________ Deputy Clerk Approved By County Attorney As To Form and Legal Sufficiency: By: ________________________ Sr. Assistant County Attorney 29 30 6
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