§ 18-279. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial or nonprofit establishment means a place, business, lodge, post, or meeting hall operated for commercial or pecuniary gain, or used for the collection of donations or gifts.

Drawings by chance or drawing means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term "drawing" does not include those enterprises, commonly known as "matching," "instant winner," or "preselected sweepstakes," which involve the distribution of winning numbers, previously designated as such, to the public.

Game promotion means, but is not limited to, a contest, game of chance, or gift enterprise, conducted within or throughout the state and other states in connection with the sale of consumer products or services, and in which the elements of chance and prize are present. However, "game promotion" shall not be construed to apply to bingo games conducted pursuant to state law.

Person means an individual, association, partnership, joint venture, corporation, entity, or any other type of organization, groups or combinations as defined in F.S. § 1.01(3), whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation or other organization.

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 nonprofit 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 adapted 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 device. The following rules of construction apply to this definition of "simulated gambling device":

(1)

The term "device" means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, device, computer or other device or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device, or in the case of a password, inputting the password.

(2)

The term "upon connection with an object" means insertion, swiping, passing in range, or any other technical means of physically, electronically, or electromagnetically connecting an object to a device, or inputting or inserting a password, code, account or user number or user name, into a device.

(3)

The term "object" means a coin, bill, ticket, token, card, password, account or user number, user name, code, or number, 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.

(4)

The terms "play or operate" or "play or operation" include any activation of a device whether involving the use of skill, the application of the element of chance, or both, or neither, or the implementation of an outcome unpredictable to the person activating the device.

(5)

The term "simulation" includes simulation by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

(6)

The term "game" includes slot machines, poker, cards, bingo, craps, keno, any other type of game commonly played in a casino; a game involving the display of the results of a raffle, drawing, contest, game promotion, lotto or sweepstakes; or any other game associated with gambling or which could be associated with gambling. The term "game" does not necessarily imply or require actual gambling, as that term may be defined elsewhere.

(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 device 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 device at the premises or building where such device is located.

(8)

The use of the word "gambling" in the term "simulated gambling device" is for convenience of reference only. The term "simulated gambling device" as used in this article is defined exclusively by this section and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

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 except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both, 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. The term includes associated equipment necessary to conduct the operation of the contrivance, terminal, machine, or other device. Slot machines may use spinning reels, video displays, or both. Slot machine also means any machine or device that may be adapted for use in such a way that, as a result of the insertion of any piece of money, coin, or other object, such machine or device is caused to operate or may be operated and if the user, by reason of any element of chance or of any other outcome of such operation unpredictable by him or her, may:

(1)

Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or

(2)

Secure additional chances or rights to use such machine, apparatus, or device, even though it may, in addition to any element of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value.

(Ord. No. 2011-38, § 2, 1-3-12)