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ORDINANCE NO. 600
AN ORDINANGE OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING CHAPTER 78, ARTICLE Vt, SCHEDULE QF
DfSTRICT REGULATIONS, DIVtSiON 2, SCHEDULE OF USE
REGULAT{ONS, SECTION 78-177, TO PROYIDE FOR ADULT
ARCADE QMUSEMENT CENTERS AS DEFINED HEREIN, �4S A
SPECIAL EXCEPTtON USE IN THE C-2 ZONlNG DlSTRtCT;
PROVIDING REGULATfONS FOR ADULT ARCADE
AMUSEMENT CENTERS, INCLUDING BUT NQT LIMITED T�,
LOCATlONAL REQUtREMENTS, OPERATIONAL STANDARDS,
SIGNAGE REQUIREMENTS, SUPPLEMENTAL SPECIAL
EXCEPTCON REQUIREMENTS, SUPPLEMENTAL
OCCUPATIONAL LICENSING REQUIREMENTS, STANDARDS
OF PATRON CONDUCT, REGfSTRATION REQUfREMENTS FOR
MACHINES; AMENDING CHAPTER 70, SECTION 70-46 TO
ESTABLISH AN OCCUPATtONAL LfCENSE FEE OF $2,500.00
FOR ADULT ARCADE AMUSEMENT CENTERS; PROVIDING
FOR SEVERABlLITY; PROVIDtNG FOR CODtFtCAT{ON; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta has determined
that game rooms and/or enterprises offering coin-operated amusements which
are commonly known as adult arcade amusement centers, as defined herein,
("adult arcades") at which electronic, mechanical, coin, ticket, token, card, or
other similarly operated, computer, video or other similar games of amusement,
chance or skiil are played, whether for consideration or not, require iocational
standards and use regulations to protect the public health, safety, morals and
genera! welfare; and
WHEREAS, the Planning and Zoning Advisory Board he(d a public
meeting, in accordance with state law on May 5, 2005; and
WHEREAS, it is the intent of this Ordinance to regulate adult arcades that
frequently mimic the look and atmosphere of gambling venues, but are operated
in accordance with Chapter 849, Florida Statutes, ("Gambling"}; and
WHEREAS, it is also intent of this Ordinance to regulate the location
of adult arcades as a special exception use in the C-2 zoning district within the
Viliage of Tequesta in conformance with the ViNage's Comprehensive Ptan, to
provide for, restrictions and limitations pertaining to this use to attempt to reduce
the negative secondary effeets of adult arcades and to advance the pubtic policy
of protecting children and the general public welfare; and
WHEREAS, this Ordinance is not intended and shall not be construed in
any way to permit or facilitate any act or activities prohibited by Chapter 849, Fla.
Stat. Moreover, this Ordinance is not intended to expand, in any way, the
provisions of Section 849.161, Fla. Stat., specifically, Chapter 849, Fla. Stat.,
gerterally, or any other statutes or laws that may in the future be enacted by the
Florida Legislature or the federal govemment, pertaining to adult arcades,
amusement games or machines and/or other forms of gambting activities
conducted in adult arcades; and
WHEREAS, the Village Councit of the Village of Tequesta has held all
required pubfic hearings in accordance with the provisions of Chapter 166, Fla.
Stat: �nd has provided �rotice to the public and an opportun'rty to be heard by the
public on this Ordinance and has afforded procedural due process to the public in
the enactment hereof; and
WHEREAS, the Village Councii of the Village of Tequesta, Florida has
previously adopted Ordinance 355 as the Offcial Zoning Ordinance of the Vi(lage
of Tequesta.
NOW THEREFORE BE lT ORDAINED BY THE VILLAGE COUNCIL OF
THE V{LLAGE OF TEQUESTA, FLORfDA:
SECTION 1. The whereas clauses are incorporated herein as true and
correct findings of fact and conclusions of law of the Viltage Council.
SECTION 2. Chapter 78, Article VI, Division 2, Section 78-177(d)(17) is
hereby created to read as follows:
Sec. 78-177(d)(17). Adult Arcade Amusement Centers ("adult arcades")
upon a determination by the vifiage eouncil that the proposed use is consistent
with the provisions of Section 849.161, Fta. Stat., and subject to the following
additional standards. This regulation shall not apply to bona fide charitable
organizations that have been awarded Section 501(c)(3), status under the
Internal Revenue Code of the United States, and which may operate five (5) or
fewer games of amusement, chance or skiA on their premises.
(a} Defrnition. An aduit arcade is defined herein as an amusement
center, game room, or other enterprise, at which electronic, mechanical, coin,
ticket, token, card, or other similarly operated, computer, video or other simifar
games of amusement, chance or skill are played, whether for consideration or
not. The presence of games or gaming devices that are similar to, or in the
nature of, slot machines shall resuft in a rebuttable presumption that the
establishment at which such machine is located is an adult arcade as defined
herein.
(b) Location. No special exception shail be granted for a new adult
arcade or to permit the substantial enlargement or transfer af ownership or
control of an adult arcade, to be located within 2,50Q feet of the property line of a
property assigned a land use designation or zoning classification that permits �
residential uses, another adult arcade, a pub(ic or private sehool, a day care
facifity, a church or house of worship, a pubtic library, an afcoho(ic beverage
establishment, or a public park. The required 2,500 feet minimum separation
shall be measured by drawing a straight line between the nearest point on the
perimeter of the property line of the proposed adult arcade use, to the nearest
property line of the other existing use. An adult arcade shall not be located within
the same development, planned unit development, plaza, shopping center, retai{
office or industriai park, as any other adult arcade regardless of the separation
: distance�.
(c) Operational requirements.
(1) Adult arcades shall not be open to the public before 9;00 a.m. or after 9:00
p.m.
(2) An employee of the adult arcade who is finrenty-one (21) years o# age or
older, shall be on the premises of the adult arcade to supenrise the operation
thereof during all hours of operations.
(3} No alcoholic beverages, including beer or wine, may be brought to, sold,
distributed, or consumed on the premises of any adult arcade.
(4) No person under the age of eighteen (18) years shall be permitted on the
premises of an adult arcade unless such person is accompanied by a parent or
legal guardian.
(5) An adult areade shalt not discriminate based upon race, creed, gender,
nationat origin, refigion, or physical handicap.
(6) The use of gift certificates, gift cards, and/or other similar items of value or
cash substitutes are strictly prohibited.
(76} Prizes shall be limited to $5.00 retail value per day, and sha{f be confined
to use on the premises.
(8) All machines and devices must comply with state laws, rules, regulations ,
and prohibitions, pertaining to slot machines, and shall be in full compliance with
Section 849.161, Fla. Stat., as amended.
(9) Law enforcement and village code enforcement officers shall have full
access to enter and inspect any machine at any time to ensure compliartce with
the provisions of this section, and the requirements of the Florida Stafutes.
.
(10) The use, operation, or provision of any machine, computer, server, cellular
telephone, or wireless, electronic, or other equipment or device, in or upon the
premises of any adult arcade, for the purpose of gambling, gaming, wagering,
betting, accessing cyber or virtual casinos, Internet gambling websites, lotteries,
bingo games, or participating in any way in any other gaming or gambling
activities (whether making, transmitting, or receiv'rng bets, wagers, etc.) is strictly
prohibited. No owner or operator of any adult arcade shal! provide or make
available any such equipment for use by its patrons and other persons on the
premises, nor shall the owner or operator permit the use of any such device by
any person while on the premises. All state of Florida and Federal Internet
gaming laws, prohibitions, and statutes, as are adopted and may be amended
from time to time, �re hereby incorporated by reference into this section.
(11) The violation of any of the provisions of this section shall constitute
sufficient grounds for the village counciPs revocation of the special exception for
the adult arcade:
(d) Signage. The use of any imagery or graphics on a sign referencing
gambling or games of chance including, but not limited to, slot machines, poker
wheels, or any other simifar machine or device is prohibited and unfawful, when
visible from the exterior of the adult arcade, including, but not limited to, wall
signage and window signage. The use of strip, neon or flashing lighting is
prohibited and unlawful.
(e} Parking. The parking requirements for an adult arcade shafl be
prescribed in the development order granting the special exception.
(fl Supplementaf Special Exception Requirements.
The following supplementai requirements shall apply to al{ adult arcades, and
shall be set forth as conditions of approvals, in atl development orders granting a
special exception for an adult arcade.
(1) The property owner and/or the person or entity operating or conducting
the adult arcade shall regularly inform the vil{age manager, or designee, of any
changes in the information required in this se�tion.
(2) No person or entity shall operate or conduct an adult arcade in the village
without first obtaining an occupational license from the village and Palm Beach
County.
(3) An occupational license for an adult arcade use shall not be issued by the
viliage, if any person with an interest in the enterprise or business operating the
adult arcade, or an employee of the business, has been convicted of a violation
of a federal or state law or statute, or any local ordinance pertaining to gambling
or any other crime involving moral turpitude within seven (7) years preceding the
application for the special exception.
(g) Supptemental Occupational Licensing Requirements. These
suppfemental requirements sha(I apply to each subsequent owner and operator
of an adult arcade operating under a speciaf exception approvaf. As a
prerequisite to the issuance of an occupational license for an aduft arcade by the
vilfage, an inspection shall be made of the premises by the village manager, or
designee, building official, fire chief, chief of police, or their designee, each of
whom must consent to the issuance of such occupationaf license. In addition to
the requirements of chapter 70 of this code, #he applicant for an occupational
license for an adutt arcade, must provide the following information to the
satisfaction of the village: -�
(1} Proof that the applicant for an occupationaf license for an aduit arcade is
a# least twenty-one years of age.
(Z) The name under which the enterprise or business is #o be condueted.
(3) The location at which the enterprise or business is to be operated.
(4) The name, address, telephone numbers, date of birth, driver's license
number, and principle oecupation of every person with an interest in the
enterprise or business of the adult arcade.
(5) The number (quantity} of the machines and other such equipment to be
located on the premises of the adult arcade.
(6) A complete description of each machine to be located on the premises of
the adult arcade, inc{uding at a minimum the name of the manufacturer(s), serial
numbers, name, type, or description of each machine, name of the actual
owner(s) of each machine with address(s) and phone number(s), including any
person or entity with a financial or an equitable interest, and aff UCC financing
statements.
(7) Whether the applicant has ever been engaged in operating a gaming or
gambling house, card room, games of chance, an amusement arcade, of any
type or nature, and when, where, and how long in each place within the five (5)
years preceding the date of the application.
(h) Machine Registration Requirements. Registration of each
amusement device however operated, is required at the time the application for
an occupational license is submitted and the machine registration must be
renewed annually at the time the occupational license is renewed. For each
machine registered in the village, a numbered metal or plastic decal shall be
issued by the village to the applicant for each machine and must be prominently
displayed by the applicant of where the machine is to be operated in the licensed
premises, the manufacturer of the machine, the manufacturer's serial number,
and the software version if any. Registration decals are not transferabie from
person to person, business to business, location to location, or machine to
machine. The registration decal for each machine shall be attached thereto and
in plain view at all times. The failure of any machine to display a current
registration decal shall be a violation of this section and subject to enforcement
action by the village. No machine will be eligible for a registration decal if its
operation involves any material elements of chance unless:
(1) The applicant submits with the application, satisfactory proof that
the applican# has registered with the United States Department of Justice
pursuant to 15 United States Code 117't , and
(2) The applicant submits with the application, all records required by
Federa{ {aw to be maintained by those who register under 15 United
States Gode 1171, and certifies the machine bears the permanent
marking required by Federal law.
(3) The applicant shalf keep the registered machines, the records of
acquisition, location and disposition required by Federat Law, and records
of prize awards open to law/code enforcement inspection at any time.
(i) Peace Disturbances, Gambling, lntoxicated Persons, Minors.
No tenant, tessee, licensee or owner of any aduft arcade, or any seroant, agent,
or employee of such a licensee or owner, shall permit upon the premises of an
adult arcade, any of the following:
(1} Disorderly persons.
(2) Gambling or the use of, possession, or presence of gambling
paraphernalia, as defined in Chapter 849, Fta. Stat:, or wagering, betting,
gambling and/or gaming via the Internet, such as in virtuat or cyberspace casinos
or otherwise, as more specifically prohibited herein.
(3} Intoxicated or substance impaired persons.
(4} Loud noise, sounds or music to emanate from the adult arcade, which
noise, sounds, or music is disturbing to the surrounding properties.
(5) Any tenant, lessee, ficensee or owner, or any servant, agent, or employee
of an adult arcade, shall be presumed to have permitted the conduct enumerated
in this section if it occurs on premises housing an adult arcade .
SECTION 3. Chapter 70, Section 70-46 of the Village Code of
Ordinances is hereby amended as foliows:
Sec. 70-46. Tax schedule.
(b) The amount which shall be paid by the several firms, persons or associations
engaging in or managing businesses, professions or occupations for which a
license is required is hereby fixed as fol{ows:
AMUSEMENTS (OA}:
Adult arcade amusement centers... $2,500A0 .
SECTION 4. SEVERABILITY. If any se�tion or portion of a section of this �
Ordinance proves to be invalid, unlawful or unconstitutional, it shatl not be hetd to
impair the validity, force or effect of any other section or part of this Ordinance.
SECTION 5. CONFLlCTS. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 6. CODlFlCATION. It is the intention of the Vilfage Council of
the Village of Tequesta, Florida, and it is hereby ordained that the provisions of
this Ordinance shalf become and be made part of the Land Development Code of
the Village of Tequesta; that the Sections of this Ordinance may be renumbered
or relettered to accomplish such intention.
SECTION 7. EFFECTIVE DATE. That this Ordinance shall become
effective immediateiy upon passage and adoption.
THE FOREGOING ORDINANCE was offered by Council Member
, who moved its adoption. The Ordinance was seconded by
Council Member and upon being put the vote, the
vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 2005.
Jim Humpage, Mayor
ATTEST:
Viilage Clerk