§ 26-154. Findings of fact.

(a)

Section 107 of the Orange County Charter provides that, if and when casino gambling becomes lawful under the Florida Constitution and laws of the State of Florida, no action may be taken by the board of county commissioners, by the governing body of any municipality, or by any elected or appointed official or employee of either the county or any municipality, the effect of which is to authorize, to approve, or in any manner to allow casino gambling to occur anywhere in the county unless and until casino gambling in the county is first authorized by an approving vote of a majority of the qualified electors residing in the county and voting on the question at referendum.

(b)

Casino gambling is not presently lawful in Orange County, Florida, under the Florida Constitution and laws of the State of Florida, and no vote authorizing casino gambling in Orange County has taken place.

(c)

Presently, throughout Florida, there is a proliferation of establishments that utilize computer or video displays of spinning reels, poker or other card games, or other simulations of games ordinarily played on a slot machine or in a casino or otherwise in connection with gambling and which show, or purport to show, the results of raffles, sweepstakes, contests or business game promotions (hereinafter collectively referred to in these recitals as "simulated gambling devices") for commercial or pecuniary gain.

(d)

The board recognizes that, because the State of Florida has authorized slot machine gaming at licensed or authorized facilities in certain areas outside of Orange County, establishments that utilize simulated gambling devices can deceive members of the public, including the elderly, the economically disadvantaged, the uneducated, and the unsuspecting, into believing that they are engaging in a lawfully permitted gaming or gambling activity.

(e)

Simulated gambling devices are, therefore, inherently deceptive.

(f)

Due to the inherently deceptive nature of simulated gambling devices, establishments that utilize simulated gambling devices are adverse to the quality of life, tone of commerce, and total community environment in Orange County, and have an unreasonably adverse effect upon the elderly, the economically disadvantaged, the uneducated, the unsuspecting, and other citizens of Orange County.

(g)

In terms of the negative impact recited herein, there is little or no material difference between the use of slot machines as defined in F.S. § 849.16, and the use of simulated gambling devices.

(h)

Often, a correlation exists between establishments that utilize simulated gambling devices and crime or disturbances of the peace and good order of the community and, although there has not been a proliferation of such establishments in Orange County, the concurrence of those activities would be hazardous to the public health, safety, and general welfare of the citizens of Orange County.

(i)

While some jurisdictions in Florida have attempted with mixed success to utilize existing state laws to close or regulate establishments that utilize simulated gambling devices, it is believed that a local prohibition of such simulated gambling devices would close any alleged loopholes or gaps left by the state laws, clarify for the public that such devices are not legal in Orange County, and enable local law enforcement to consistently enforce existing code provisions and statutes and safeguard the public's welfare.

(j)

In order to ensure the uniform enforcement of existing laws, to preserve the public peace and good order, and to safeguard the health, safety, and general welfare of the community and citizens thereof, it is necessary and advisable to prohibit the use of simulated gambling devices, subject to the affirmative defenses set forth in this article.

(k)

The board affirmatively determines that this article will not have a substantial impact on the development of, and construction on, real property within Orange County, and, as such, an economic impact or justification study is neither necessary nor required.

(Ord. No. 2011-12 , § 1, 10-18-11)