Ord 58-04 ORDINANCE NO. 58-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO
PROVIDE A DEFINITION OF "ADULT GAMING
CENTER", "COIN-OPERATED AMUSEMENT DEVICES"
AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS",
SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC
USES"; BY ENACTING A NEW SUBSECTION 4.3.3(AAA),
"ADULT GAMING CENTERS", IN ORDER TO PROVIDE
FOR REGULATION AND ZONING OF SUCH FACILITIES;
AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", AND SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT
GAMING CENTERS AMONG THE CONDITIONAL USES
ALLOWED IN BOTH THE GC AND PC ZONING
DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION
OF CONSUMPTION, POSSESSION, OR SALE OF
ALCOHOLIC BEVERAGES", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined that
game rooms or enterprises offering coin-operated amusements also known as adult gaming centers
require locafional standards and additional regulations and requirements to ensure and protect the
public health, safety, morals and welfare; and
WHEREAS, it is the intent of this ordinance to regulate gaming centers that oftentimes
mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter
849, Florida Statutes, (Gambling0; and
WHEREAS, the regulation of these venues ensures that they are permitted as a conditional
use in the appropriate compatible zoning classification within the City of DeIray Beach and that
appropriate police powers are established and applied to ensure reduction in any secondary effects
and to advance the public policy of protecting children; and
WHEREAS, it is not the intent of this Ordinance to purport to permit any act or activities
prohibited by the provisions of State law including, but not limited to, the provisions of Chapter
849, Fla .Stat. Moreover, it is not the intent to expand, in any way, the provisions of Section
849.161. Fla. Stat.; and
WHEREAS, this Ordinance does not regulate "adult arcades", which are considered adult
entertainment establishments which are separately regulated under the City's ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations of the City of
Delray Beach, Florida, be amended as follows:
/Idult Gaming Center means any place or premises catering to persons 18 and over that
mimic the look and feel of ~mbling venues where there are more than six (6) amusement
~mes or machines which operate by the means of the insertion of a coin and which by
means of skill may entitle the person playing or operating the ~me or machine to receive
points or coupons which m ay be exchanged for merchandise only, excluding cash and
alcoholic bevera~s, provided the cost value of the merchandise or prize awarded in
exchange for such points or coupons does not exceed 75 cents on any ~me played are
available to the public. The presence of games or ~g devices that are similar to, or in the
nature of slot machines, shall result in a rebuttable presumption that the business at which
such machines are located is an adult gaming center.
Amusement Game Fadh'ties means any place or premises not considered an adult
gaming center, which caters to families and children and where there are ~mes such as
pinball, air hockey, electronic games, and other similar coin operated games and the premises
does not meet the definition of an Adult Gaming Center.
Coin-Operated Amusement Device means an amusement machine, device, or instrument
operated by means of the insertion of a coin, bill, currency, credit card, debit card, token or
slug for use as a ~me, contest of skill or amusement of any description operated in
accordance with 849.161, Fla. Stat. This definition is not intended to and does not include
merchandise vending machines or coin-operated mechanical or electrical instruments or
devices.
Slot Machine means a coin-operated amusement device allowable pursuant to law that
pays off according to the matching of symbols on wheels spun by a handle or by a push
button.
Section 2. That Article 4.3, "District Regulations, General Provisions", of the Land
Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements
2 ORD NO. 58-04
for Specific Uses", Subsection 4.3.3(AAA), "Adult Gaming Centers" is hereby enacted to read as
follows:
(AAA) Adult Gaming_ Centers: Purpose: It is the intent of this section to regulate
adult gaming centers that mimic the look and feel of ~mbling venues but are operated in
accordance with Florida State Statute Chapter 849 (Gambling). Regulation of these venues
ensures that they are permitted as conditional uses in the appropriate compatible designation
within the City and that appropriate police powers are established to ensure reduction of any
secondary effects. This section does not purport to regulate adult arcades which are
addressed in Section 4.3.3(AA) of the City's Land Development Regulations entitled "Adult
Entertainment Establishments" and Section 113.20 of the City's Code of Ordinances, nor
Amusement Game Facilities as defined herein.
(1) Development Standards for Adult Gaming Centers.
(a) No Adult Gaming Center shall be located within one thousand
(1,000) feet of or in the same block as, whichever distance is ~eater. an existing adult ~ming
center, measured from lot line to lot line in a straight line.
(b) Location. No Adult Gaming Center shall be located within an
historic district, on an historic site, on properties listed on the Local or National Re,stet of
Historic Places or in any Redevelopment Area.
(c) Adult Gaming Center Requirements.
1. An attendant must be provided on the premises during all
hours of operation.
2. The hours of operation shall be limited to 9:00 a.m. to 11:00
p.m., 7 days a week.
3. No one under 18 years of age shall be allowed in the Adult
Gaming Center.
4. The consumption and/or possession of alcohol shall be
prohibited on the premises.
5. The license for each machine shall be attached thereto.
6. The use of ~ft certificates. ~ft cards, credit cards or other
cash substitutes shall be prohibited.
3 ORD NO. 58-04
7. Prizes shall be limited to $.75 retail value per game played.
8. Any machine on the premises of the enterprise or business
shall not violate the State's laws a~amst slot machines and shall be in full compliance with
Section 849.16, Florida Statutes.
9. The enterprise or business shall permit unlimited access to
law/code enforcement officials to enter the premises and inspect any machine at any time to
ensure that the provisions of this Ordinance are in compliance.
(2) Conditional Use Criteria.
(a) Application. No person shall operate or conduct an adult ga~g
center for use by the general public in the City for the reward of prizes without first applying
for a conditional use and stating in the application, at a minimum, the following:
1. The name under which the enterprise or business is to be
conducted~
2. The location at which the enterprise or business is to be
carried on~
3. The name, address and principal occupation of every person
with an interest in the enterprise or business;
4. The number of machines to be exhibited;
5. The manufacturer, serial numbers, name of each machine,
name of actual owner of each machine with address and phone numbers; and
6. Whether the applicant has ever been engaged in operating a
~ming center, of whatsoever type or nature, and when, where and how long in each place
within five (5) years preceding the date of application.
7. A conditional use shall not be approved if a person with an
interest in the adult gaming center, or an employee of the adult gaming center, has been
convicted of a violation of a Federal or State statute or any local ordinance pertaining to
~mbling or any other crime invok4ng moral turpitude.
8. The applicant shall be eighteen (18) years of age or more and
provide proof thereof.
4 ORD NO. 58-04
(b) Inspection. As a prerequisite to the continuation of the granting of a
conditional use within 6 months and periodically thereafter during the operation of the adult
gaming center, the Chief Building Official, or designee, the City Fire Inspector or desi~maee
and the Delray Beach Police Department shall have the right to inspect the premises
certi~.~g that the adult gaming establishment is operating in accordance with the
requirements of law and this ordinance.
(c) Registration. Upon approval of a conditional use, registration for
each coin operated amusement gang device, however operated, shall be required. For
each machine registered, a numbered metal tag or plastic decal shall be issued to the
applicant for each machine so covered. Application for machine registration stickers must
disclose the location where the machine is to be operated, the manufacturer of the machine,
the manufacturer's serial number, and the software version, if any. Registration stickers are
not transferable from person to person, place to place, or machine to machine. No machine
will be eligible for a registration sticker if its operation involves any material elements of
chance, unless:
1. The applicant submits with the application, satisfactory proof
that the applicant has registered with the United States Department of Justice pursuant to 15
United States Code 1171, and
2. The applicant submits with the application, the records
required under Federal law to be maintained by those who register under 15 United States
Code 1171, and certifies the machine bears the permanent marking required by Federal law.
3. The applicant shall keep the registered machines, the records
of acquisition, location and disposition required by Federal law, and records of prize awards
open to law/code enforcement inspection at any time.
(3) Peace Disturbances; Gambling; Intoxicated Persons; Minors. No licensee or
owner of any adult gaming center, or any servant, agent or employee of such a licensee or
owner, shall permit upon the premises housing a mechanical amusement devise any of the
following:
(a) Disorderly persons;
(b) Gambling, or the use, possession or presence of gambling
paraphernalia;
(c) Intoxicated persons to loiter on the premises;
OR.D NO. 58-04
(d) Loud noise or music to emerge from the licensed premises, which
noise or music is disturbing to the surrounding area; and
(e) Any licensee or owner, or any servant, a~nt or employee thereof,
shall be presumptively deemed to have permitted the conduct enumerated in this Section if it
occurs on the premises housing an adult gaming center.
(4) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the
City of Delray Beach shall apply, but shall not be the exclusive penalty for violations of this
section, which may include but not be limited to a £mding that the conditional use is null and
void if any adult gaming center is found to be in violation of Chapter 849, Fla. Stat. or this
ordinance or conditions of approval.
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection (D),
"Conditional Uses and Structures Allowed", be amended to read as follows:
02)) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by
Section 4.4.9(G)(2).
(1) Residential Alcohol and Drag Abuse Treatment Facilities, subject to
restrictions set forth in Section 4.3.302)).
(2) A ga fa iliti
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(S) Clubs and Lodges; social, fraternal, and recreational.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(10) Hotels and Motels.
6 ORD NO. 58-04
(11) Free-standing multiple-family housing subject to the requirements of
the RM District except for setback and height requirements which shall be pursuant to this
Section.
(12) Recreational establishments such as bowling alleys, gymnasiums,
health spas, mimature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
Section 4. That Section 4.4.12, "Planned Commercial (PC) District", Subsection (D),
"Conditional Uses and Structures Allowed", be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the PC District except as modified in the Lindell/Federal
(Redevelopment Area #6) Overlay District by Section 4.4.12(G):
(1) All uses allowed as such within the Ge District.
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes.
(3) Private schools and other similar educational facilities, subject to
Section 4.3.3(HHH).
(4.) Adult Gaming Centers.
Section 5. That Section 113.03, "Prohibition of Consumption, Possession or Sale of
Alcoholic Beverages" be enacted to read as follows:
7 ORD NO. 58-04
Section 113.03 PROHIBITION OF CONSUMPTION, POSSESSION OR
SALE OF ALCOHOLIC BEVERAGES.
(A) Within this City, it shall be unlawful for any person to consume, possess or
sell alcoholic beverages at any Adult Gaming Center pursuant to ~849.161, Fla. Stat. and
Section 4.3.3(AAA) of the City's Land Development Regulations.
Section 6. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
e~, P~AS.SED AND ADOPTED in regular session on second and final reading on this ~C~day
of~,~x~l~ ,2004.
ATTEST:
ACTING CITY CLERK
8 ORD NO. 58-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~!
SUBJECT: AGENDA ITEM # ~(~ .'~2 - REGULAR MEETING OF OCTOBER 19, 2004
ORDINANCE NO. 58-04
DATE: OCTOBER 15, 2004
This ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Appendix "A .... Definitions", to provide a definition of "Adult
Gaming Center", "Coin-Operated Amusement Devices", and "Slot Machines" and enacting a new
Subsection 4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers are
conditional uses in the General Commercial (GC) and Planned Commercial (PC) Zoning Districts.
The intent of this ordinance is to regulate gaming centers that oftentimes mimic the look and
atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statues,
(Gambling). The regulation of these venues ensures that they are permitted as a conditional use in the
appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial
(PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative
impact on the general public as well as the area surrounding the use. The proposed amendment does
not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not
permit the use within a designated redevelopment area. This ordinance does not regulate "Adult
Arcades", which are considered adult entertainment establishments which are separately regulated
under the City's ordinance.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 4-0 to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with respect to
LDR Section 2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 58-04.
Recommend approval of Ordinance No. 58-04 on second and final reading.
S: \City Clerk\agenda memos\Ord.58.04.10.19.04
CITY :COMMISSlONDOCUMENTATION
-.,..
THRU:
PAI:JL DORLIN~, DIREC~ R O A lNG ZONING
FROM: JEFFREY A. COSTELLO, AS~~.L~NNING DIRECTOR
SUBJECT: MEETING OF OCTOBER 5, 2004
CI~ INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER",
"COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES" AND
ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", AND
CLARIFYING THAT ADULT GAMING CENTERS ARE CONDITIONAL USES IN THE
GENERALCOMMERCIAL (GC) AND PLANNED COMMERCIAL (PC) ZONING
DISTRICTS.
On December 15, 2003, the Planning and Zoning Board considered a conditional use request to
establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping
center at the southeast corner of Milita~ Trail and Linton Boulevard (Boca Ray Plaza).
During the analysis of that request the issue of whether this type of use would be considered gambling
or not was discussed. The applicant's accompanying narrative a~empted to explain how the coin
operated amusement facility met the definition of "Arcade Amusement Cente(' as described in Florida
State Statute 846.161. Pursuant to Florida Statute 846.161, an Arcade Amusement Center is
business that contains machines that operate by means of the inse~ion of a coin and which by
application of skill may entitle the person playing or operating the game or machine to receive points or
coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages,
provided the cost value of the merchandise or prize awarded in exchange for such points or coupons
does not exceed 75 cents on any game played." The "STOP" buttons described in the applicant's
narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen.
The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition.
Given the current regulations the City Commission approved the Spinners Arcade request at their
meeting of Janua~ 6, 2004.
At that time, similar operations in the State of Florida, more notably in the County of Sarasota were
being reviewed by the couds to determine whether they met the definition of Arcade Amusement
Facility and are therefore exempt from Florida's prohibition on gambling. Given the legal review of this
type of use, a four month moratorium, pursuant to Florida Statute 166.021, was established to allow
adequate time for the coups to render their decision.
At its meeting of March 11, 2004, the City Commission approved an ordinance (Ord. No. 13-04)
establishing a four month moratorium for Adult Arcade Establishments to enable staff to study the
impacts of the use and develop criteria to establish the use. On May 12, 2004, according to State v.
Cyphers, 2004 WL 1057797 (Fla. 2nd DCA 2004) (appealed from a decision of the Circuit Cou~ of
Sarasota County), the Second District CouA of Appeals held that the gambling exemptions of
~49.161(1)(a)(1), Fla. Stat. are valid exceptions to the gambling prohibitions of ~849.01 and 849.15,
Fla. Stat. On July 20, 2004, the City Commission approved an ordinance (Ord. No. 37-04) extending
the moratorium for 90 days (O~ober 20, 2004) to complete the LDR amendments.
The intent of this ordinance is to regulate gaming centers that oftentimes mimic the look and
atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statutes,
City Commission Documentation
LDR Amendment - Adult Gaming Centers
Page 2
(Gambling). The regulation of these venues ensures that they are permitted as a conditional use in
the appropriate compatible zoning classification of General Commercial (GC) and Planned
Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would
have a negative impact on the general public as well as the area surrounding the use. The proposed
amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center
and does not permit the use within a designated redevelopment area. This Ordinance does not
regulate "adult arcades", which are considered adult entertainment establishments which are
separately regulated under the City's ordinance.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. This amendment is being initiated to provide clarification and regulations
regarding adult gaming centers, which are consistent with Florida Statutes. While the amendment
does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing regarding
the amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 4-0 (Borchardt, Morris & Walker absent) to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with LDR Section
2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations Appendix
"A", enacting a new Subsection 4.3.3(AAA), "Adult Gaming Centers", and clarifying that Adult Gaming
Centers are Conditional Uses in the General Commercial (GC) and Planned Commercial (PC) zoning
districts, by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations, and set a public hearing date of October 19, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 58-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO
PROVIDE A DEFINITION OF "ADULT GAMING
CENTER", "COIN-OPERATED AMUSEMENT DEVICES"
AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS",
SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC
USES"; BY ENACTING A NEW SUBSECTION 4.3.3(3akA),
"ADULT GAMING CENTERS", IN ORDER TO PROVIDE
FOR REGULATION AND ZONING OF SUCH FACILITIES;
AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", AND SECTION 4.4.12, "PLANNED
COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT
GAMING CENTERS AMONG THE CONDITIONAL USES
ALLOWED IN BOTH THE GC AND PC ZONING
DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION
OF CONSUMPTION, POSSESSION, OR SALE OF
ALCOHOLIC BEVERAGES", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined that
game rooms or enterprises offering coin-operated amusements also known as adult gaming centers
require locafional standards and additional regulations and requirements to ensure and protect the
public health, safety, morals and welfare; and
WHEREAS, it is the intent of this ordinance to regulate gaming centers that oftentimes
mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter
849, .Florida Statutes, (Gambling); and
WHEREAS, the regulation of these venues ensures that they are permitted as a conditional
use in the appropriate compatible zoning classification within the City of Delray Beach and that
appropriate police powers are established and applied to ensure reduction in any secondat3' effects
and to advance the public policy of protecting children; and
WHEREAS, it is not the intent of this Ordinance to purport to permit any act or activities
prohibited by the provisions of State law including, but not limited to, the provisions of Chapter
849, Fla .Stat. Moreover, it is not the intent to expand, in any way, the provisions of Section
849.161. Fla. Stat.; and
WHEREAS, this Ordinance does not regulate "adult arcades", which are considered adult
entertainment establishments which are separately regulated under the City's ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations of the City of
Del'ay Beach, Florida, be amended as follows:
Adult Gamin.~ Center means any place or premises catering to persons 18 and over that
mimic the look and feel of gambling venues where there are more than six (.6) amusement
games or machines which operate by the means of the insertion of a coin and which by
means of skill may entire the person playing or operating the game or machine to receive
points or coupons which m ay be exchanged for merchandise only, excluding cash and
alcoholic beverages, provided the cost value of the merchandise or prize awarded in
exchange for such points or coupons does not exceed 75 cents on any game played are
available to the public. The presence of games or gaming devices that are similar to, or in the
nature of slot machines, shall result in a rebuttable presumption that the business at which
such machines are located is an adult gaming center.
Amusement Game Fadlities means any place or premises not considered an adult
~ming center, which caters to families and children and where there are ~mes such as
pinball, air hockey, electronic ~mes, and other similar coin operated games and the premises
does not meet the definition of an Adult Gaming Center.
Coin-Operated Amusement Device means an amusement machine, device, or instrument
operated by means of the insertion of a coin, bill, currency, credit card, debit card, token or
slug for use as a game, contest of skill or amusement of any description operated in
accordance with 849.161, Fla. Stat. This definition is not intended to and does not include
merchandise vending machines or coin-operated mechanical or electrical instruments or
devices.
Slot Machine means a coin-operated amusement device allowable pursuant to law that
pays off according to the matching of symbols on wheels spun by a handle or by a push
button.
Section 2. That Article 4.3, "District Regulations, General Provisions", of the Land
Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements
2 ORD NO. 58-04
for Specific Uses", Subsection 4.3.3(AAA), "Adult Gaming Centers" is hereby enacted to read as
follows:
(AAA) Adult Gaming_ Centers: Purpose: It is the intent of this section to regxxlate
adult gaming centers that mimic the look and feel of gambling venues but are operated in
accordance with Florida State Statute Chapter 849 (Gambling). Regulation of these venues
ensures that they are permitted as conditional uses in the appropriate compatible designation
within the City and that appropriate police powers are established to ensure reduction of any
secondary effects. This section does not purport to regulate adult arcades which are
addressed in Section 4.3.3(AA) of the City's Land Development Regulations entitled "Adult
Entertainment Establishments" and Section 113.20 of the City's Code of Ordinances, nor
Amusement Game Facilities as defined herein.
(1) Development Standards for Adult Gaming Centers.
(a) No Adult Gaming Center shall be located within one thousand
(1,000) feet of or in the same block as, whichever distance is ~eater, an existing adult gaming
center, measured from lot line to lot line in a straight line.
(b) Location. No Adult Gaming Center shall be located within an
historic district, on an historic site, on properties listed on the Local or National Register of
Historic Places or in any Redevelopment Area.
(c) Adult Gaming Center Requirements.
1. An attendant must be provided on the premises during all
hours of operation.
2. The hours of operation shall be limited to 9:00 a.m. to 11:00
p.m., 7 days a week.
3. No one under 18 years of age shall be allowed in the Adult
Gamine Center.
4. The consumption and/or possession of alcohol shall be
prohibited on the premises.
5. The license for each machine shall be attached thereto.
6. The use of ~ft certificates, ~ft cards, credit cards or other
cash substitutes shall be prohibited.
3 ORE) NO. 58~04
7. Prizes shall be limited to $.75 retail value per game played.
8. Any machine on the premises of the enterprise or business
shall not violate the State's laws against slot machines and shall be in full compliance with
Section 849.16, Florida Statutes.
9. The enterprise or business shall permit unlimited access to
law/code enforcement officials to enter the premises and inspect any machine at any time to
ensure that the provisions of this Ordinance are in compliance.
(2) Conditional Use Criteria.
(a) Application. No person shall operate or conduct an adult gaming
center for use by the general public in the City. for the reward of prizes without first applying
for a conditional use and stating in the application, at a minimum, the following:
1. The name under which the enterprise or business is to be
conducted~
2. The location at which the enterprise or business is to be
carried on;
3. The name, address and principal occupation of every person
with an interest in the enterprise or business;
4. The number of machines to be exhibited;
5. The manufacturer, serial numbers, name of each machine,
name of actual owner of each machine with address and phone numbers; and
6. Whether the applicant has ever been en~ged in operating a
gaming center, of whatsoever type or nature, and when, where and how long in each place
within five (5) years preceding the date of application.
7. A conditional use shall not be approved if a person with an
interest in the adult gaming center, or an employee of the adult gaming center, has been
convicted of a violation of a Federal or State statute or any local ordinance pertaining to
gambling or any other crime involving moral turpitude.
8. The applicant shall be eighteen (18) years of age or more and
provide proof thereof.
4 ORD NO. 58-04
(b) Inspection. As a prerequisite to the continuation of the ~anting of a
conditional use within 6 months and periodically thereafter during the operation of the adult
gaming center, the Chief Building Official, or designee, the City Fire Inspector or designee
and the Delray Beach Police Department shall have the right to inspect the premises
certifying that the adult gaming establishment is operating in accordance with the
requirements of law and this ordinance.
(c) Reostration. Upon approval of a conditional use, registration for
each coin operated amusement gaming device, however operated, shall be required. For
each machine registered, a numbered metal tag or plastic decal shall be issued to the
applicant for each machine so covered. Application for machine registration stickers must
disclose the location where the machine is to be operated, the manufacturer of the machine,
the manufacturer's serial number, and the software version, if any. Registration stickers are
not transferable from person to person, place to place, or machine to machine. No machine
will be eligible for a registration sticker if its operation involves any material elements of
chance, unless:
1. The applicant submits with the application, satisfactory proof
that the applicant has registered with the United States Department of Justice pursuant to 15
United States Code 1171, and
2. The applicant submits with the application, the records
required under Federal law to be maintained by those who register under 15 United States
Code 1171, and certifies the machine bears the permanent marking required by Federal law.
3. The applicant shall keep the re~stered machines, the records
of acquisition, location and disposition required by Federal law, and records of prize awards
open to law/code enforcement inspection at any time.
(3) Peace Disturbances; Gambling: Intoxicated Persons; Minors. No licensee or
owner of any adult gaming center, or any servant, agent or employee of such a licensee or
owner, shall permit upon the premises housing a mechanical amusement devise any of the
following:
(a) Disorderly persons;
(b) Gambling. or the use, possession or presence of gambling
paraphernalia;
(c) Intoxicated persons to loiter on the premises;
5 ORD NO. 58-04
(d) Loud noise or music to emerge from the licensed premises, xvhich
noise or music is disturbing to the surrounding area; and
(e) Any licensee or owner, or any servant, agent or employee thereof,
shall be presumptively deemed to have permitted the conduct enumerated in this Section if it
occurs on the premises housing an adult gaming center.
(4) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the
City of Delray Beach shall apply, but shall not be the exclusive penalty for x4olafions of this
section, which may include but not be limited to a fLnding that the conditional use is null and
void if any adult gaming center is found to be in violation of Chapter 849, Fla. Stat. or this
ordinance or conditions of approval.
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 02)),
"Conditional Uses and Structures Allowed", be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by
Section 4.4.9(G)(2).
(1) Residential Alcohol and Drug Abuse Treatment Facilities, subject to
restrictions set forth in Section 4.3.3(12)).
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline 'Stations or the dispensing of gasoline directly into vehicles.
(10) Hotels and Motels.
6 ORD NO. 58-04
(11) Free-standing multiple-family housing subject to the requirements of
the RM District except for setback and height requirements which shall be pursuant to this
Section.
(12) Recreational establishments such as bowling alleys, gymnasiums,
health spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
Section 4. That Section 4.4.12, "Planned Commercial (PC) District", Subsection 02)),
"Conditional Uses and Structures Allowed", be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the PC District except as modified in the Lmdell/Federal
(Redevelopment Area #6) Overlay District by Section 4.4.12(G):
(1) All uses allowed as such within the GC District.
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes.
(3) Private schools and other similar educational facilities, subject to
Section 4.3.3(HHH).
(4) Adult Gaming Centers.
Section 5. That Section 113.03, "Prohibition of Consumption, Possession or Sale of
Alcoholic Beverages" be enacted to read as follows:
7 ORD NO. 58-04
Section 113.03 PROHIBITION OF CONSUMPTION, POSSESSION OR
SALE OF ALCOHOLIC BEVERAGES.
(A) Within this City, it shall be unlawful for any person to consume, possess or
sell alcoholic beverages at any Adult Gaming Center pursuant to [849.161, Fla. Stat. and
Section 4.3.3(AAA) of the City's Land Development Regulations.
Section 6. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this ~ day
of ,2004.
MAYOR
ATTEST:
ACTING CITY CLERK
First Reading
Second Reading
8 ORE) NO. 58-04
www.bocanewS.com · Boca Raton/De. lray Beach News - Tuesday, October 1?./Wednesday, October 13, 2004 7 .
CITY OF DELRAY BEACH /~ ~
' NOtiCE OF PROPOSED AMENDMENT TO THE
.. . LAHD DEVELOPMENT REGULATIONS, ~'t,~
AMENDING APPENDIX "A' TO PROVIDE FOR
DEFINmoNs RELAI~D TO ADULT GAMING
CENIT:RS ENACtiNG A NEW SUBSEQION
4.3.3(AAA), ,'ADULT.GAMING CENTERS'; IH
ORDER TO PROVIDE FOR REGULAtioN AHD
ZONING OF sua.! FAaLmES; AMENDING
SKTIONS 4.4.9 (GC DISTRICT) AHD 4.4.12 (1)C
DigRICT) TO ALLOW ADULT GAMING CENTERS
AS CONDITIONAL USES
.The Ci~ Commission of the City of Delray Beach, Florida, proposes to adopt the follow-
lng oralnance:
ORDIN~J~C:E NO. 58-Q4
AN ORDINANCE OF THE CITY COMMISSION OF THE crPl' OF DELRAY BEACH, FLORI-
DA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX
'A" TO PROVIDE A DEFINmON OF "ADULT GAMING CENTER', 'COIN-OPERATED
AMUSEMENT DEVICES' AND "SLOT MACHINES', BY AMENDING ARTICLE 4.3, 'DIS-
TRICt REGULATIONS, GENERAL PROVISIONS', SECTION 4.3.3 'SPECIAL REQUIRE-
MENTS FOR SPECIFIC USES'; BY ENACTING A NEW SUBSECTION 4.3.3(AAA},
'ADULT GAMING CENTERS", IN ORDER TO PROVIDE FOR REGULATION AND ZON-
iNG OF SUCH FACILITIES; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL iGC)
DISTRICT', AND SECTION 4.4.12, 'PLANNED COMMERCIAL (PC] DISTRICT" TO
INCLUDE ADULT GAMING CENTERS AMONG THE CONDITIONAL USES ALLOWED IN
BOTH THE GC AND PC ZONING DISTRICTS; ENACTING SECTION 113.03, 'PROHIBI-
TION OF CONSUMPTION, POSSESSION, OR SALE OF ALCOHOUC BEVERAGES',
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct ~,o (2) Public Hearings for the purpose of ac.cea, ting
public testimony_regarding the proposed ordinance. The fi~ Public Hearing will be helc]
on TUESDAY, O~'"TOBER $, '~004, AT 7:00 P.I~ in the Commission Chambers at
City Hall, 100'N.W. 1st Avenue, Delray Beac~h, Florida. IF the proposed ordinance is
passed on first reading, a second Public Hearing will be held on TUESDAY, O~'I'OBER
19, 2004, AT 7.'00 P.M. (or at any continuation of such meeting which is set by the
CommissionJ.
All interested citizens are invited to attend the public hearings and comment upon the
proposed ordinance or submit their comments in writingon or before.the date of these
hearings to the Planning and Zoning Deportment. For further information or to obtain
a copy of the proposed ordinance, please contact the Planning and Zoning
Deparlment, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
c>zmail@mvdelravbeach.com) or by calling 561/243-7040), between the hours of
J~:00 a.m. 'and 5'.'00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO AN? MAI'rER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
F.S. 286.0105.
CITY OF DEIRAY BEACH
Chevelle D. Nubin
Acting City Clerk
PUBUSH: Boca Raton/Delmy_ Beach News '
I
(~Y OF DELRAY BEACH
LAND DEVELOPMEHT REGULA'nOHS
AMENDING APPENDIX 'l" TO PROVIDE FOR
DEFIHITIOHS RELATED TO ADULT GAMIHG
CENI'ERS ENACtiNG l NEW SUBSECTION
4.3.$(~, "~UI.I.GIMING
. ORI~R TO PROVIDE FOR REOUI~lloN
ZffilSO OF ~CH I:lOI/ll~; ~ENDING
DISlllIO~ TO l~l.O~ hllll.l'
AS CONDITIONAL USES
ORDINANCE NO. 58-04
ORDII~CES OF: 'file CI'T~ OF DELI~A¥ BEACH, FLORID,~. BY AMENDIf~ APPENDIX
lNG OF SUCH FACII rilES; A~ENDING S~"I'I(~I 4.4.9, 'GENEf~L CO/'~ERCIAL (~)
DISTRICT#, ~A~ID SEC~rlC~ 4.4.12, 'PLANNED CO/~4ERCLA, L (PC) DISTRIC~" TO
The City Commission will conduct Iwo {2) Public Hearings for the purpose of accel_ting
pubiic testimony regarding the proposed ordinance. The first PubJic Hearing will be helcJ
on TUESDAY, OCTOBER 5, 2004, Al' 7:00 P./~I. in tha Commission Chambers at
City Hall, 100 N.W. Ist Avenue, Delmy Beach, Florida. If the proposed ordinance is
passed on first reading, a second Public Hearing will be held on TUESDAY, OCTOBER
19, 2004, AT 7:GO P. t6, (or at any continuc~ion of such meeting which is set by tll. e
Commission).
All interested citizens are invited to attend the public hearings ~nd comment upon the
proposed ordinance or submit'their comments i'n writing on o-r before the date of' - these
hearings to the Planning and Zoning Department. For further information or to obtain
a copy of the proposed ordinance, please contact the Planning'and Zoning
Department, Cily Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 lemail at
Dzmail@mvdelravbeach.com! or by calling 561/243-7040), between the hours of
~:00 a.m. 'and 5'.'00 p.m., Monday through Friday, excluding holi._days.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MAT[ER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBAI'IM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PL~RSUANT TO
ES. 286.0! 05.
CITY OF DELRAY BEACH
Chevelle D. Nubin
Acting City Clerk
PUBUSH: Boca Raton/Delray'Beech News
Monday, September 27, 2004
Tuesday, October 12, 2004
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