§ 26-157. Affirmative defenses; exceptions.

It shall be an affirmative defense or an exception to an alleged violation of section 26-156 if the alleged violator demonstrates any of the following:

(a)

The alleged violator is an individual and whose ownership, possession, operation or use of a simulated gambling device was solely for personal, recreational, and noncommercial purposes in a personal residence.

(b)

The alleged violator's ownership, possession, operation or use of a simulated gambling device was expressly permitted by a Florida Statute and not otherwise prohibited by another Florida Statute or the Florida Constitution, except that this affirmative defense or exception shall not apply to devices permitted in Broward County and Miami-Dade County only under Article X, Section 23 of the Florida Constitution and F.S. ch. 551.

(c)

The alleged violator was a religious or charitable organization conducting a fundraising activity involving gaming, provided the religious or charitable organization did not conduct the activity more than twice in any one (1) calendar year, the organization provided at least twenty-four (24) hours advanced written notice to the Orange County Sheriff of the date, time, place, and nature of such activity and who would be conducting it, and the activity was not otherwise unlawful.

(Ord. No. 2011-12 , § 1, 10-18-11)