§ 15-157. Adult gaming center.

(a)

Permit required. No person shall conduct or operate an adult gaming center in the City of Fort Lauderdale without first having obtained a permit from the city's department of sustainable development.

(b)

Existing adult gaming center. Within sixty (60) days of the enactment of Ordinance No. C-12-45 Existing Adult Gaming Centers shall apply for, facially qualify for, and pay required fees for a permit; shall be granted a permit for the facility as provided for in this section; and shall also comply with the provisions of subsections (c), (e), (f), (g), (h), (i)(2) and (l) of this section.

(c)

Permit application. An applicant shall file with the city's department of sustainable development a permit application on a form provided by the department and shall provide at a minimum the following:

(1)

A copy of the applicant's proposed rules governing the drawing by chance, sweepstakes or game promotion, which includes the odds of winning and the prize table.

(2)

A copy of the applicant's certification of a bond or trust account provided to the Florida Department of Agriculture and Consumer Services if the application is for a sweepstakes and game promotion operating pursuant to F.S. § 849.094.

(3)

A complete list of products and services offered and the prices charged therefor.

(4)

For every principal, officer, shareholder, and director of the adult gaming center, a fingerprint card and letter certifying the results of a criminal background check generated by the Florida Department of Law Enforcement or the City of Fort Lauderdale police department.

(5)

A certification that the computer software of the electronic gaming device located in the adult gaming center used to conduct drawings by chance or game promotions in connection with the sale of consumer products or services has been tested by an independent testing laboratory that has verified that it is not a slot machine as defined by Florida law.

(6)

All information required for a conditional use permit as provided in section 47-24.3 of the ULDR.

(7)

The applicant shall provide a sworn affidavit containing the following information:

a.

The identity of the applicant and if the applicant is an individual, his name, residence address, driver's license number and state of issuance and date of birth; if the applicant is an unincorporated organization, the names, driver's license numbers and state of issuance, dates of birth and residence addresses of its principals; if the applicant is a corporation, the name, state of incorporation and the names, driver's license numbers and state of issuance, dates of birth and residence addresses of its principal officers, directors and shareholders; if the applicant is a limited liability company, the company name, state of incorporation and the names, driver's license numbers and state of issuance, dates of birth and residence addresses of all its members and managers.

b.

A description of the electronic gaming devices, including, but not limited to the number of electronic gaming devices located in the adult gaming center.

c.

A statement of whether any of the individuals listed in the affidavit, within a five-year period immediately preceding the date of the application, have been convicted of any felony in any state or federal offense, and if so, the particular criminal act and the place of the conviction.

d.

A statement certifying that all information on the application and any attachments thereto is true and that the applicant understands that any misstatement of material fact in the application will result in the denial of the permit or, if the permit has been issued, in the suspension or revocation of the permit.

(d)

Fees. Each applicant shall remit a non-refundable fee of five hundred dollars ($500.00) for the application process.

(e)

Renewal. Adult gaming center permits shall be renewed annually on or before the 1st day of October. Any change in ownership shall be provided to the department of sustainable development within ten (10) days and shall require a new application. Adult gaming center permits are not transferable.

(f)

Revocation of permit. The city manager, or his designee, may revoke a permit for a violation of any provision of this section or due to the cessation of the use of electronic gaming devices during its normal business hours for at least thirty (30) consecutive days. Prior to revocation of the permit, the city shall provide to the permit holder a written notice of intent to revoke the permit and provide a maximum of fifteen (15) calendar days to cure the alleged violation(s) and an opportunity to be heard prior to revocation. Revocation shall not take place before twenty (20) calendar days after receipt of the notice of revocation is hand-delivered or mailed via U.S. First Class Mail to the permittee. Any adjudication of a violation of the Code of Ordinances or the ULDR shall result in the immediate revocation of the permit. The decision to revoke is appealable to the code enforcement special magistrate and such appeal must be made in writing to the clerk of the code enforcement special magistrate within fifteen (15) calendar days of the revocation. Failure to file written notice of appeal within the prescribed time prior constitutes a waiver of the right to appeal. All timely appeals shall proceed in accordance with section 11-20 of the Code.

(g)

Inspection. All adult gaming centers shall allow representatives of the city of Fort Lauderdale to enter and inspect their places of business during business hours or at any time the business is occupied for the purpose of an initial inspection to verify compliance with the permit requirements of this article, Code of Ordinances and ULDR of the City of Fort Lauderdale, Florida Building Code and Florida Fire Prevention Code after application is made and thereafter on an annual basis in conjunction with permit renewal. A permittee shall notify the department of sustainable development within forty-eight (48) hours of any changes made to any of the electronic gaming devices in the adult gaming center, including, but not limited to, new electronic gaming device(s).

(h)

Signage requirements.

(1)

Exterior signage shall be limited to the advertisement of the consumer product and/or service sold at the facility. No signs shall be posted on the exterior of any adult gaming center that suggest that gambling takes place or display any image or graphic commonly associated with gambling, included, but not limited to slot machines and video gambling machines. All signage is further subjected to all applicable ULDR requirements.

(2)

The permit holder shall conspicuously post the name of the permit holder, description of all products and services sold, and the complete rules for all sweepstakes or game promotions at any customer counter. Rules for all promotions shall include the following language in at least twenty-six-point font: "State and local law prohibits this establishment from requiring an entry fee, payment, or proof of purchase as a condition of participating. No donation or contribution is required. You may obtain free entries upon request from any employee on the premises." The permit holder shall also post a sign which shall include the following language in at least twenty-six-point type: "The video displays are for amusement and entertainment only. The video displays do not determine the result of your sweepstakes entries." A complete copy of the rules, prize tables, and odds of winning shall be made available on request without cost. Any consumer product or service offered for sale shall be identified by description and price by conspicuous posting. A copy of the permit shall also be posted conspicuously at the entrance of the adult gaming center.

(i)

Review process. The application for a permit shall be submitted to the department of sustainable development to determine if the application is complete and in compliance with the Code. The department of sustainable development shall process the application in accordance with the conditional use provisions and procedures of the ULDR. If the adult gaming center is approved as a conditional use and the department of sustainable development finds that the application complies with the provisions of this section, a permit shall be issued to the applicant. Existing adult gaming centers are not required to be approved as a conditional use.

(j)

Separation requirements. Adult gaming centers shall be subject to the following separation requirements:

(1)

There shall be one thousand (1,000) feet separation between each adult gaming center as defined by this article regardless of the municipal boundaries of the City of Fort Lauderdale.

(2)

There shall be seven hundred fifty (750) feet separation between an adult gaming center and an existing establishment that permits the consumption of alcohol on premises or where adult uses as defined in section 47-18.2, adult uses, are permitted.

(3)

No adult gaming center shall be located within five hundred (500) feet of any schools, residences, churches, houses of worship, parks, libraries or daycare facilities.

(k)

Operational standards. Adult gaming centers shall be subject to the following operational standards:

(1)

An attendant must be present on the premises during all business hours.

(2)

Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., seven (7) days a week.

(3)

Consumption or possession of alcohol on the premises shall be prohibited.

(4)

No one under the age of eighteen (18) years of age shall be permitted on the premises.

(5)

Adult gaming centers shall not operate more than one hundred (100) electronic gaming devices under one (1) permit unless the adult gaming center was legally in operation prior to the adoption of this ordinance.

(6)

The adult gaming center shall not redeem any award with a gift certificate, gift card, credit card or other cash substitute.

(7)

No adult gaming center shall design, engage in, promote, or conduct a game wherein the winner may be predetermined or the game may be manipulated or rigged; arbitrarily remove, disqualify, disallow or reject any entry; fail to award any prize offered; print, publish or circulate literature or advertising material which is false, deceptive or misleading; require an entry fee, payment or proof of purchase as a condition of entering; or cover facility windows with opaque or reflective window tinting.

(8)

Adult gaming centers shall maintain a trust account or bond in an amount equal to the total announced value of the prizes offered or fifty thousand dollars ($50,000.00), whichever is less.

(l)

Penalties and enforcement. Any person who operates or causes to be operated an adult gaming center in violation of any provision of this section shall be subject to the penalties provided in Chapter 1, section 1-6 or Chapter 11 of the Code of Ordinances of the City of Fort Lauderdale. Each day a violation exists shall constitute a separate violation for the purposes of this section and shall be punishable as such.

(m)

Conflict with state law. Nothing in this section is intended to conflict with the provisions of Florida law, specifically, F.S. Ch. 849, concerning gambling. In the event of a direct and express conflict between this section and Florida law, then Florida law controls.

( Ord. No. C-12-45, § 1, 12-4-12 )