Agenda Item Cover Sheet

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
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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
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Commissioners enacted Hillsborough County Ordinance 11-22 to prohibit the use of
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simulated gambling devices in the unincorporated areas of Hillsborough County; and
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WHEREAS, after the enactment of ordinance 11-22 some businesses, in an effort to
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circumvent the intent of the ordinance, altered the manner by which a user accessed or
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connected with a simulated gambling device; and
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WHEREAS, the BOCC has determined that ordinance 11-22 should be amended to
address these attempts to circumvent the ordinance; and
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WHEREAS, the BOCC has determined that it is in the best interest of the County to
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provide enforcement of ordinance 11-22, as amended, through the administrative code
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enforcement process, eliminating criminal enforcement and penalties from the ordinance;
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and
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WHEREAS, implementation of this ordinance amending ordinance 11-22 is in the
best interest of the citizens of Hillsborough County.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THAT:
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SECTION 1. The aforementioned recitations are incorporated herein by reference.
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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,
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corporation, or any other type of organization, whether conducted for profit or not for
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profit, or a director, executive, officer, manager, or employee of an association,
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partnership, joint venture, corporation, or other organization.
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(b)
Simulated gambling device: means any device that, upon connection
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with an object, is available to play or operate a computer simulation of any game, and
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which may deliver or entitle the person or persons playing or operating the device to a
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payoff. The following rules of construction apply to this definition of “simulated gambling
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device”:
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(1)
The term “device” means any mechanical or electrical contrivance,
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computer, terminal, video, or other equipment that may or may not be capable of
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downloading games from a central server system, machine, computer, or other device
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or equipment.
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(2)
The term “upon connection with” means insertion, swiping, passing
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in range, or any other technical means physically or electromagnetically connecting an
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object to a device, or by the inputting of a set of numbers or other code received directly
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or indirectly from an employee or agent of the business for the purpose of accessing or
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activating a device.
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(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
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of consideration, or obtained as a bonus or supplement to another transaction involving
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the payment of consideration.
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(4)
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The terms “play or operate” or “play or operation” includes the use
of skill, the application of the element of chance, or both.
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(5)
The term “computer simulation” includes simulations by means of a
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computer, computer system, video display, video system, or any other form of electronic
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video presentation.
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(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
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promotion, lotto, sweepstakes, and any other game associated with gambling or which
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could be associated with gambling, but the term “game” does not necessarily imply that
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actual gambling is involved.
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(7)
The term “payoff” means cash, monetary or other credit, billets,
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tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise
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or anything of value whatsoever, whether made automatically from the machine or
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manually.
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(8)
The use of the word “gambling” in the term “simulated gambling
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device” is for convenience of reference only. The term “simulated gambling device” as
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used in this Ordinance is defined exclusively by this subsection and does not
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incorporate or imply any legal definition or requirement applicable to gambling that may
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be found elsewhere.
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(c)
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Slot Machine: means any electrical, mechanical, or electromechanical
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device which is adapted for use such that by the insertion of coin(s), token(s), or other
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method of payment the device will allow an operator to play or operate the machine
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such that the device displays pictures, icons, or other images which may, depending
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upon the displayed combination of said pictures, icons, or other images, allow the
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operator to obtain an item or items of value, including but not limited to money, objects,
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or coupons. Such devices shall be deemed slot machines regardless of whether the
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operation of the device is affected by chance, by the application of skill, or by any
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combination thereof. Examples of slot machines include but are not limited to the
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games known as “Fruit Paradise”, “New Cherry”, “Fruit Bonus”, “Triple Jack”, “Magical
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Odds”, “Mystery J&B”, “Klondike”, and “Reel of Fortune”. Games such as pinball,
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mechanical grab machines, shooting games, and other similar games are not slot
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machines.
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SECTION 3. Section 9 of Hillsborough County Ordinance 11-22 is amended to read:
SECTION 9:
ENFORCEMENT, PENALTIES, AND INJUNCTIVE RELIEF
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The County’s code enforcement officers, law enforcement, or any other person
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authorized to enforce county ordinances in Hillsborough County may enforce the
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provisions of this ordinance.
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enforcement action pursuant to Hillsborough County Ordinance No. 10-27, as amended.
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However, Aany enforcement action or legal remedy available under controlling state law
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including, but not limited to, prosecution as a misdemeanor with a fine not exceeding
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Five-Hundred Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60)
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days or by both fine and imprisonment, may be imposed as a penaltypursued in order
Enforcement of this ordinance shall be by code
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Each simulated gambling device,
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to carry out the provisions of this ordinance.
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possession or use thereof, constitutes an individual offense for the purpose of
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Hillsborough County Ordinance 10-27, as amended. Nothing contained herein shall
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prevent the County from taking such other lawful action in law and equity as may be
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necessary to remedy any violation of, or refusal to comply with, any part of this
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Ordinance, including but not limited to:
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(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
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If any section, subsection, sentence, clause, phrase, or provision of this
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Ordinance is for any reason held invalid or unconstitutional by any court of competent
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jurisdiction, such holding shall not be construed to render the remaining provisions of
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this Ordinance invalid or unconstitutional.
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SECTION 5: FILING OF ORDINANCE AND EFFECTIVE DATE
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In accordance with the provisions of §125.66, Florida Statutes, governing
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ordinances, a certified copy of this Ordinance shall be filed with the Florida Department
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of State by the Clerk of the Board of County Commissioners. This Ordinance shall take
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effect upon filing with the Florida Department of State.
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STATE OF FLORIDA
)
COUNTY OF HILLSBOROUGH )
I, PAT FRANK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of
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County Commissioners of Hillsborough County, Florida, do hereby certify that the above
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and foregoing is a true and correct copy of an Ordinance adopted by the Board at its
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regular meeting on the ___ day of _____________, 2012, by a vote of _______ voting
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yes and ______ voting no, as the same appears in record in Minute Book ________ of
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the Public Records of Hillsborough County, Florida
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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
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