Goodbye Internet Cafes

[sheclown]

Introduced by Council Members Hyde, Redman,Joost, Holt & Bishop:

ORDINANCE 2010-326
AN ORDINANCE PROHIBITING THE USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTION; MAKING FINDINGS; ESTABLISHING A NEW CHAPTER 149 (PROHIBITION ON THE USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTION) OF TITLE VI (BUSINESS, TRADES AND OCCUPATIONS), ORDINANCE CODE, TO PROHIBIT THE USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTION; PROVIDING FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF FOR THE CONDUCT OF SAME; ESTABLISHING EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, pursuant to Florida law, slot machine gaming is authorized only in certain eligible licensed facilities in Broward and Miami-Dade Counties; and
WHEREAS, there is presently in Duval County an increasing proliferation of establishments that utilize slot machine-like spinning reels, video displays or similar technology for commercial gain and to display the results of, raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine; and
WHEREAS, the use of slot machine-like spinning reels, video displays or similar technology or to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine is inherently deceptive; and
WHEREAS, due to their inherently deceptive nature, establishments that utilize slot machine-like spinning reels, video displays or similar technology or to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine are adverse to the quality of life, tone of commerce, and total community environment in Duval County, and have an unreasonable adverse effect upon the elderly, the economically disadvantaged, and other citizens of Jacksonville; and
WHEREAS, there is a direct relationship between establishments that utilize slot machine-like spinning reels, video displays or similar technology or to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine, and disturbances of the peace and good order of the community, and the concurrency of these activities is hazardous to the health and safety of those persons in attendance; and
WHEREAS, Pinellas, Orange, Marion and other Florida counties have utilized existing state law(s) to close establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine, while the number of such establishments in Duval County is steadily increasing; and
WHEREAS, in order to ensure the uniform enforcement of existing laws, to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the community and citizens thereof, it is necessary and advisable to prohibit the use of slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine; now, therefore,
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1.  Legislative Findings.
The City Council finds as follows:
(a)   The Council, desiring to protect individual rights, while at the same time affording opportunity for the fullest development of the individual and promoting the health, safety, education, and welfare of the people, including the elderly and economically disadvantaged, and the children of this County who are our most precious and valuable resource, finds that the County has a compelling interest in protecting its citizens and children from certain activities and influences which can result in irreparable harm.  The Council is also charged with the responsibility of protecting and assisting its citizens who suffer from compulsive or problem gambling behavior.
(b)   The Council recognizes that the State of Florida has authorized slot machine gaming at licensed facilities.  The Council further recognizes that establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine can deceive members of the public, including the elderly, the economically disadvantaged, and children, into believing that they are engaging in a lawfully permitted gaming activity.
(c)   The Council further recognizes that it has an obligation and responsibility to protect its citizens, and in particular its elderly, economically disadvantaged, and youngest citizens, from the use of displays that deceptively mimic slot machines.
(d)   There is presently in Duval County an increasing trend toward establishments that exploit citizens by the use of slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine.
(e)   Establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine often have an unreasonable adverse effect upon the elderly, the economically disadvantaged, and other citizens of Jacksonville.
(f)   Establishments that exploit the citizens of Duval County by utilizing slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine are adverse to the quality of life, tone of commerce, and total community environment in Duval County.
(g)   There is a direct relationship between these establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine, and disturbances of the peace and good order of the community, and the concurrency of these activities is hazardous to the health and safety of those persons in attendance.
(h)   In order to ensure the uniform enforcement of existing laws, to preserve the public peace and good order, and to safeguard the health, safety, morals and welfare of the community and citizens thereof, it is necessary and advisable to prohibit the use of slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine, unless otherwise exempted by law or ordinance.
Section 2.  Title VI, Ordinance Code, amended to create a new Chapter 149, Prohibition On The Use Of Slot Machine-Like Spinning Reels, Video Displays Or Similar Technology To Display The Results Of A Raffle, Sweepstakes, Contest Or Other Promotion.  Title VI (Businesses, Trades and Occupations), Ordinance Code, is amended to create a new Chapter 149 (Prohibition On The Use Of Slot Machine-Like Spinning Reels, Video Displays Or Similar Technology To Display The Results Of A Raffle, Sweepstakes, Contest Or Other Promotion), to read as follows:
Chapter 149.
PROHIBITION ON THE USE OF SLOT MACHINE-LIKE SPINNING REELS, VIDEO DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS OF A RAFFLE, SWEEPSTAKES, CONTEST OR OTHER PROMOTION.
Sec. 149.101  Legislative Authorization.
This Chapter is enacted in the interest of the public health, peace, safety, morals and general welfare of the citizens and inhabitants of Duval County, Florida, pursuant to Fla. Const. Article VIII, § 1(g) and § 125.01, Florida Statutes (2008).
Sec. 149.102.  Area of Enforcement.
The Council is acting herein as the governing body for Duval County, Florida, and this Chapter shall be effective within the boundaries of Duval County, Florida.
Sec. 149.103  Intent.
The intent of the Council acting as the governing body of Duval County, Florida in adopting this Chapter is to prohibit the use of slot machine-like spinning reels, video displays or similar technology to display the results of a raffle, sweepstakes, contest or other promotion by simulating a game or games ordinarily played on a slot machine.
Sec. 149.104  Definitions.
(a)   "Slot machine" means any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any consideration whatsoever, including the use of any electronic payment system, is available to play or operate, the play or operation of which, including any element of chance, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually.  Slot machines may use spinning reels, video displays, cathode ray tubes, microprocessors or other similar technology, and have as their object, the presentation or lining up, arrangement, or juxtaposition of symbols, alpha-numeric signs, colors, or figures to determine a result or outcome.
(b)   â€œSlot machine game” means an electronically simulated game involving an element of chance played on a slot machine.
(c)   â€œPerson” means an individual, association, partnership, joint venture, corporation, or a director, executive or officer of an association, partnership, joint venture, or corporation.
Sec. 149.105  Prohibition.
(a)   It shall be unlawful to use slot machine-like spinning reels, video displays or similar technology to display the results of a raffle, sweepstakes, contest or other promotion by simulating a game or games ordinarily played on a slot machine in Duval County.  Each individual use shall be a separate violation of this Section.
(b)   It shall be unlawful to design, develop, manage, supervise, maintain, provide, or produce the use of slot machine-like spinning reels, video displays or similar technology to display the results of a raffle, sweepstakes, contest or other promotion by simulating a game or games ordinarily played on a slot machine in Duval County.
Sec. 149.106  Exemptions.
   The use of slot machine-like spinning reels, video displays or similar technology by a slot machine licensee of the State of Florida, or in the operation of a state lottery, or pursuant to the provisions of a lawful gaming compact between the State of Florida and federally recognized Indian tribes, whether to display the results of a raffle, sweepstakes, contest or other promotion, or otherwise, shall not be prohibited by this Chapter.


Sec. 149.107  Civil Penalties and Injunctive Relief.
(a)   Civil Penalties.  Any person who knowingly violates this Chapter shall be subject to a civil penalty of not more than $500 for each violation of this Chapter.  Each day a violation occurs shall be considered a separate violation.
(b)   Injunctive relief.  The Office of General Counsel or special counsel as otherwise authorized, is authorized to pursue temporary or permanent injunctive relief in courts of competent jurisdiction to cure, remove or end any activity violative of this Chapter.
Sec. 149.108  Severability.
If any portion of this ordinance is determined to be invalid for any reason by a final nonappealable order of any court of competent jurisdiction, then it shall be severed from this act.  All other provisions of this act shall remain in full force and effect.
Section 3.  Effective Date.  This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.

Form Approved:

   /s/  Steven E. Rohan_________
Office of General Counsel
Legislation Prepared By: Steven e. Rohan

G:\SHARED\LEGIS.CC\2010\ord\Hyde Gaming Ch.149 4.21.2.doc

[Sportmotor]

This is mostly about slot machines and like spinning reels...how is this goodbye internet cafe? o_o

[riverside planner]

Because most of the "internet cafes" are home to sweepstakes and similar gambling enterprises.

[Sportmotor]

ah, never been to one so I did not know that

[Cliffs_Daughter]

There are enough of them in my neighborhood, sad to say. They move into small vacant structures, like former convenient stores and such, and tint the windows as dark as a XXX store. Most of the time you'll see the 7-7-7 logo on the outside.
It may say 'Internet Cafe', but you know very well what's inside by seeing gambling icons painted all over.

I'll be VERY glad to see them go away. Not just out of my zip codes, but all over.

[sheclown]

I've never been to one either and basically have no opinion one way or another; however...

e)   Establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine often have an unreasonable adverse effect upon the elderly, the economically disadvantaged, and other citizens of Jacksonville.

(f)   Establishments that exploit the citizens of Duval County by utilizing slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine are adverse to the quality of life, tone of commerce, and total community environment in Duval County.

Sec. 149.106  Exemptions.
   The use of slot machine-like spinning reels, video displays or similar technology by a slot machine licensee of the State of Florida, or in the operation of a state lottery, or pursuant to the provisions of a lawful gaming compact between the State of Florida and federally recognized Indian tribes, whether to display the results of a raffle, sweepstakes, contest or other promotion, or otherwise, shall not be prohibited by this Chapter.

I don't see how internet cafes could be any worse than the lottery which is everywhere --

And, I just find it amusing.

[Steve]

Interestingly, there is a place that looks like one of these establishments about to open at Forbes and King in Riverside.  I wonder if this related to that?

[fieldafm]

There are enough of them in my neighborhood, sad to say. They move into small vacant structures, like former convenient stores and such, and tint the windows as dark as a XXX store. Most of the time you'll see the 7-7-7 logo on the outside.
It may say 'Internet Cafe', but you know very well what's inside by seeing gambling icons painted all over.

I'll be VERY glad to see them go away. Not just out of my zip codes, but all over.

Agreed!!

[fieldafm]

Interestingly, there is a place that looks like one of these establishments about to open at Forbes and King in Riverside.  I wonder if this related to that?

No the city, the dog track, and JSO have been engaged in an interesting dance to eliminate these gambling insitutions for a few years now.  A veterans group who owns many of these 'cafes' has been suing the city and being sued by the dog track over the last few years regarding the legality of such institutions.  Go into one, they are full of video game slot machines that the veterans group is claiming are a game of skill and not chance.  This is the crux of the legal argument for and against these internet cafes.  Games of skill(such as the Poker room at the dog track) are legal in the state under limited arrangements.  Slot machines are not.  

They are all over town.

[thekillingwax]

These places are disgusting. They operate here with names like "Veteran's Centers" but they've opened in other towns as "Children's Cancer Cooperative". These guys are dirt. They have absolutely nothing to do with the "causes" they name themselves after. The thing about them is that they fool the elderly and other poor saps into thinking that they're actually playing a game of slots or even gambling with their money, they're sweepstakes with fixed results with an exterior shell of a slot machine or other game over the top of it.

If you've never been to one, they're seriously about as close to be an "internet cafe" as I am to being a vegetarian. They're dark, smokey and sad on the inside- old people come in and spend their entire month's worth of money and come out empty handed.

[fieldafm]

The main group operating these mini-casinos in Jacksonville are indeed a 'veterans group'... but you're not going to confuse this 'group' with the American Legion or VFW, that's for sure!!

[fieldafm]

I've never been to one either and basically have no opinion one way or another; however...

e)   Establishments that utilize slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine often have an unreasonable adverse effect upon the elderly, the economically disadvantaged, and other citizens of Jacksonville.

(f)   Establishments that exploit the citizens of Duval County by utilizing slot machine-like spinning reels, video displays or similar technology to display the results of raffles, sweepstakes, contests or other promotions by simulating a game or games ordinarily played on a slot machine are adverse to the quality of life, tone of commerce, and total community environment in Duval County.

Sec. 149.106  Exemptions.
   The use of slot machine-like spinning reels, video displays or similar technology by a slot machine licensee of the State of Florida, or in the operation of a state lottery, or pursuant to the provisions of a lawful gaming compact between the State of Florida and federally recognized Indian tribes, whether to display the results of a raffle, sweepstakes, contest or other promotion, or otherwise, shall not be prohibited by this Chapter.

I don't see how internet cafes could be any worse than the lottery which is everywhere --

And, I just find it amusing.

The Indian casinos are much different in operation, scope, and legality than these 'internet cafes'.

An acquaintance of mine when I worked in Tallahassee who oversaw the state's gaming operations explained how the Indian casinos 'slot machines' worked and the technical operations of their machines worked on some sort of back-end tic-tac-toe game almost.  It made a lot of sense when it was explained to me, however Im not quite as good explaining it to others, LOL.  Anyway, the Indian casinos do have card tables now that the gaming laws have changed.

I don't have an opinion of the lottery one way or the other, but at the very least the lottery(and corresponding dog tracks and Jai-Alai venues) and Indian casinos are a heavily regulated industry that provides money to either the state or our deserving Indian tribes.  These cafes are not regulated(illegal really) and do not contribute to the state's gaming revenues. 

Im not a righteous person by any means, I actually do legally gamble and have been to a few legal gentlemen's clubs in my lifetime  .  But, these internet cafes are illegal and as such should not be allowed to operate.

[urbanlibertarian]

Competent adults should be free to voluntarily gamble with other adults and not be treated like children by the government.

[luvjax]

Wow!  This has been an interesting read.  I have to get to City Hall for the cock fights.  However, I'll address these comments tomorrow.  There seems to be a lot of misunderstanding going around.

[Ocklawaha]

Oh my God! Part II will be Pool Tables and Pin Ball...

Well, either you're closing your eyes
To a situation you do now wish to acknowledge
Or you are not aware of the caliber of disaster indicated
By the presence of a pool table in your community.
Ya got trouble, my friend, right here,
I say, trouble right here in River City.
Why sure I'm a billiard player,
Certainly mighty proud I say
I'm always mighty proud to say it.
I consider that the hours I spend
With a cue in my hand are golden.
Help you cultivate horse sense
And a cool head and a keen eye.
Never take and try to give
An iron-clad leave to yourself
From a three-reail billiard shot?
But just as I say,
It takes judgement, brains, and maturity to score
In a balkline game,
I say that any boob kin take
And shove a ball in a pocket.
And they call that sloth.
The first big step on the road
To the depths of deg-ra-Day--
I say, first, medicinal wine from a teaspoon,
Then beer from a bottle.
An' the next thing ya know,
Your son is playin' for money
In a pinch-back suit.
And list'nin to some big out-a-town Jasper
Hearin' him tell about horse-race gamblin'.
Not a wholesome trottin' race, no!
But a race where they set down right on the horse!
Like to see some stuck-up jockey'boy
Sittin' on Dan Patch? Make your blood boil?
Well, I should say.
Friends, lemme tell you what I mean.
Ya got one, two, three, four, five, six pockets in a table.
Pockets that mark the diff'rence
Between a gentlemen and a bum,
With a capital "B,"
And that rhymes with "P" and that stands for pool!
And all week long your River City
Youth'll be frittern away,
I say your young men'll be frittern!
Frittern away their noontime, suppertime, choretime too!
Get the ball in the pocket,
Never mind gittin' Dandelions pulled
Or the screen door patched or the beefsteak pounded.
Never mind pumpin' any water
'Til your parents are caught with the Cistern empty
On a Saturday night and that's trouble,
Oh, yes we got lots and lots a' trouble.
I'm thinkin' of the kids in the knickerbockers,
Shirt-tail young ones, peekin' in the pool
Hall window after school, look, folks!
Right here in River City.
Trouble with a capital "T"
And that rhymes with "P" and that stands for pool!
Now, I know all you folks are the right kinda parents.
I'm gonna be perfectly frank.
Would ya like to know what kinda conversation goes
On while they're loafin' around that Hall?
They're tryin' out Bevo, tryin' out cubebs,
Tryin' out Tailor Mades like Cigarette Feends!
And braggin' all about
How they're gonna cover up a tell-tale breath with Sen-Sen.
One fine night, they leave the pool hall,
Headin' for the dance at the Arm'ry!
Libertine men and Scarlet women!
And Rag-time, shameless music
That'll grab your son and your daughter
With the arms of a jungle animal instink!
Mass-staria!
Friends, the idle brain is the devil's playground!


What do we spend a year to keep me "off the grass?"? How much to keep me from losing $50 bucks to Toni Soprano? How much to build a new Jail and/or Prison to hold me for a year? Go ahead and pass more stupid law's suckers, and this is going to cost you big time!

Musical Justice:
Sisters, Brothers And The Whities
Blacks And The Crackers
Police And Their Backers
They're All Political Actors

Hurry, People Running From Their Worries
While The Judge And His Juries
Dictate The Law That's Partly Flaw.
Cat Calling Love Balling Fussing And Cussing


Top Billing Now Is Killing
For Peace No One Is Willing
Kind Of Make You Get That Feeling

Everybody Smoke
Use The Pill And The Dope
Educated Fools
From-Uneducated Schools

Pimping People Is The Rule
Polluted Water In The Pool

And Nixon Talking About Don't Worry
He Says Don't Worry
He Says Don't Worry
He Says Don't Worry

But They Don't Know There Can Be No Show
And If There's A Hell Below We're All Gonna Go

(If There's a Hell Below, The Late Great Curtis Mayfield)

OCKLAWAHA