1. SIMULATED GAMBLING ORDINANCE Board of County Commissioners Public Hearing October 18, 2011

2. BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE 2

3. BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE 3

4. BACKGROUND Proliferation of Simulated Gambling Establish- ments elsewhere in Florida Commissioner Ted Edwards 06/28/11 Report to BCC Requested an Ordinance: 1.Prohibiting Simulated Gambling Devices, and 2.Amending Zoning Regulations (Safety Net) 09/28/11 Draft Ordinance in Agenda Packet 4

5. BACKGROUND (Contd) First Component of Ordinance – Prohibition – Creates New Article VIII in Chapter 26, O.C. Code, Prohibiting Simulated Gambling Devices (pgs. 1-7 of 09/28/11 Draft) Second Component – Zoning – Amends Chapter 38, O.C. Code, Zoning Regulations (pgs. 7-8 of 09/28/11 Draft) 5

6. BACKGROUND (Cont'd) Todays Public Hearing: Required Public Hearing to Adopt Prohibition Required 2 nd of 2 Public Hearings to Amend Zoning Regulations 6

7. 7 BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE

8. 8 PROHIBITION COMPONENT (Contd) Prohibition (Sec. 26-156, pg. 6) Unlawful to manage, own, possess or use a simulated gambling device in a commercial or non-profit establishment or to lease or operate a premises for use of simulated gambling devices

9. 9 PROHIBITION COMPONENT (Contd) Defenses and exceptions (Sec. 26-157, pgs. 6-7): 1.Individual using simulated gambling device for recreation in residence 2.Use of simulated gambling device expressly permitted by law 3.Religious or charitable organizations fund-raising event (2x per calendar year with 24-hour notice to Sheriffs Office)

10. 10 PROHIBITION COMPONENT (Contd) Definitions (Sec. 26-155, pgs. 4-6) Simulated gambling device (pgs. 4-6) Any device that, upon connection with an object, is available to play or operate a simulation of any game or gambling, and which may reveal, deliver, or entitle any person playing or operating the device to a payoff.

11. 11 PROHIBITION COMPONENT (Contd) Definitions (Sec. 26-155, pgs. 4-6) (Contd) Subparts of definition of simulated gambling device (pgs. 5-6) -Device (pg. 5) -Upon connection with an object (pg. 5) -Object (pg. 5) -Play or operate (pg. 5) -Simulation (pg. 5) -Game (pgs. 5-6) -Payoff (pg. 6) -Gambling (pg. 6)

12. 12 BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE

13. ZONING COMPONENT Existing Zoning Regulations (Sections 38-1, 38-77, and 38-79, O.C. Code) Adult gaming arcade definition (Sec. 38-1) Permitted by right in heavy industrial zoned districts (Sections 38-77 and 38-79) Restrictions (Sec. 38-79) -No Alcoholic Beverages -Hours of Operation Limitation (9:00 am – 2:00 am) -Distance Separation Requirements (1,500 ft) -schools, churches, residential-zoned areas, parks, bars, etc. No adult gaming arcades in unincorporated area 13

14. ZONING COMPONENT (Cont'd) Zoning Amendment Proposal in 09/28/11 Draft: -Amends definition of adult gaming arcade (pg. 8) -Amends Use Table (Appendix A, referenced pg. 8) -Amends Section 38-79 (pgs. 8-9) -Simulated gambling establishments will be permitted as special exception, subject to restrictions, but only if prohibition is declared invalid -Zoning regulations not operative unless and until prohibition is invalidated 14

15. ZONING COMPONENT (Cont'd) Planning and Zoning Commission/Local Planning Agency: -Found proposed zoning amendments consistent with Comprehensive Plan, -Recommended approval, but allow use as special exception; do not permit use by right 15

16. ZONING COMPONENT (Cont'd) P&ZCs Revisions: -Amended Sec. 38-79(22) (lines 350-351 at pg. 8):... simulated gambling establishments may be permitted by special exception,... not... simulated gambling establishments may be a permitted use,... -Changed P (for permitted use) to S (for special exception) in Use Table (Appendix A) 16

17. 17 BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE

18. PROPOSED REVISIONS 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A) 18

19. PROPOSED REVISIONS 19 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A)

20. PROPOSED REVISIONS (Cont'd) Sec. 26-155(e) - Simulated gambling device means any device that, upon connection with an object, is available to play or operate a simulation of any game or gambling, and which may reveal, deliver, or entitle any person playing or operating the device to, a payoff. or something of value; or any device that is used or adopted for use to conduct and/or reveal the results of a drawing by chance conducted by a charitable or non-profit organization, or a game promotion conducted in connection with the sale of a consumer product or service, or sweepstakes; or any device that is used or adopted for use in any game promotion that displays results by simulating a gambling style game or card game or game ordinarily played on a slot machine. The following rules of construction apply to this definition of simulated gambling device:... 20

21. 21 PROPOSED REVISIONS (Cont'd) 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A)

22. Sec. 26-155(e)(3) - The term object means a coin, bill ticket, token, card, password, account or user number, user name, or similar object, code, or number, or other object obtained directly or indirectly through payment of consideration or a donation, or obtained as a bonus or supplement to another transaction involving the payment of consideration or a donation. 22 PROPOSED REVISIONS (Cont'd)

23. 23 PROPOSED REVISIONS (Cont'd) 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A)

24. 24 Sec. 26-155(e)(7) - The term payoff means cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually, from the owner or operator of the device, or any affiliate, associate, person, or entity acting in concert or connection with the owner or operator of the device, or from any person, entity, or machine at the premises or building where such device is located. PROPOSED REVISIONS (Cont'd)

25. 25 PROPOSED REVISIONS (Cont'd) 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A)

26. 26 Sec. 38-79. Conditions for permitted uses and special exceptions. * * * (22) Adult gaming arcades.Simulated gambling establishments. If the ordinance prohibiting simulated gambling devices, codified at Sections 26-150 through 26-164 of the Orange County Code, is declared invalid by a court of competent jurisdiction, and the time expires to file on appeal without one being filed or an appeal is timely filed but the appeal is ultimately unsuccessful, or is found to be preempted by state law or state statute, simulated gambling establishments may be a permitted use permitted by special exception, subject to all the following requirements and conditions in this paragraph. No alcoholic beverages shall be served... PROPOSED REVISIONS (Cont'd)

27. 27 PROPOSED REVISIONS (Cont'd) 1.Definition of simulated gambling device Sec. 26-155(e) (lines 178-191, pgs. 4-5) 2.Definition of object (Sec. 26-155(e)(3)) (lines 207-212, pg. 5) 3.Definition of payoff Sec. 26-155(e)(7) (lines 233-237, pg. 6) 4.Conditions for allowing simulated gambling establishments (Sec. 38-79(22)) (lines 345-353, pg. 8) 5.Use Table (Sec. 38-77, Appendix A)

28. 28 PROPOSED REVISIONS (Cont'd) Sec. 38-77. Use Table Keep P in Use Table Do not insert S or strike P

29. 29 BACKGROUND PROHIBITION COMPONENT ZONING COMPONENT PROPOSED REVISIONS ACTION REQUESTED SIMULATED GAMBLING ORDINANCE

30. ACTION REQUESTED Adopt Ordinance Prohibiting Simulated Gambling and Amending Zoning Regulations, with Proposed Revisions 30

31. SIMULATED GAMBLING ORDINANCE Board of County Commissioners Public Hearing October 18, 2011