§ 38-1428. Casino gambling.  


Latest version.
  • (a)

    Findings and declaration of intent.

    (1)

    From time to time, proposals arise to authorize casino gambling or gaming in the State of Florida. As of the date of this ordinance, those proposals have all been rejected by the voters at statewide referendum.

    (2)

    The citizens of Orange County have an especially intense aversion to casino gambling, and it can be shown be referendum results. For example, in November 1994, the people of the State of Florida voted by a sixty-two (62) percent to thirty-eight (38) percent margin in the general election to reject an initiative to amend the Florida Constitution to authorize casino gambling. The people of Orange County voted by a seventy (70) percent to thirty (30) percent margin to reject the same initiative.

    (3)

    If casino gambling were to become lawful in the future, the people of Orange County would be adversely affected by establishments within Orange County engaging in gambling activity.

    (4)

    Orange County has the power and authority under the Florida Constitution, the laws of the State of Florida and the Orange County Charter to regulate land use matters, including zoning issues, relating to casino gambling.

    (5)

    Casino gambling occurs for the purpose of making a profit and, as such, is subject to regulation by Orange County for the purpose of protecting the health, safety, and welfare of the people of Orange County.

    (6)

    Activities which are illegal, immoral or unhealthful tend to accompany, concentrate around, and be aggravated by casino gambling activity. Such activities include, but are not limited to, non-violent crimes against persons and property, violent crimes against persons and property, prostitution, solicitation for prostitution, pandering, and sale or possession of controlled substances.

    (7)

    Casino gambling activity tends to attract an undesirable number of transients, blight neighborhoods, adversely affect nearby businesses, lower real property values, foster crime, particularly the kinds detailed in subsection (a)(6), and ultimately lead residents and businesses to move to other locations.

    (8)

    Orange County is a family-oriented area, especially with respect to its tourism industry.

    (9)

    Orange County is an area that is known for and whose economy is largely dependent upon its popular family-oriented tourist attractions.

    (10)

    The vitality of the tourism industry depends in large part upon an atmosphere that is conducive to attracting tourist families.

    (11)

    Casino gambling activity is not conducive to attracting tourist families.

    (12)

    Prohibiting casino gambling from locating within Orange County's tourism district will help protect the public and private investment in Orange County's tourism district and the county's tourism industry.

    (13)

    It is not the intent of this section to prohibit casino gambling as may be allowed by law, but instead to ensure that if and when it is ever allowed by law, it occurs only in the areas of Orange County where it will not have a material, adverse impact on the community's largest economic sector and the community's largest source of jobs.

    (b)

    "Casino gambling" defined. The term "casino gambling" means playing or engaging in, for money or any other thing of value, baccarat, blackjack or twenty-one, craps, keno, poker, roulette, any electronic gambling or gaming machine, any slot machine, or any other game of skill or chance, regardless of how named, labeled, or otherwise characterized, which game of skill or chance, when played for money or other thing of value, was unlawful under the Constitution or laws of the State of Florida as of July 1, 1995.

    (c)

    Prohibition from tourism district. If and when casino gambling is ever allowed under the Constitution and laws of the State of Florida and the Orange County Charter, it may occur only on land or waters properly zoned therefor and only on land or waters lying outside the tourism district, as that term is defined in section 38-1 and as the district may be changed from time to time by ordinance.

(Ord. No. 96-5, § 1, 1-30-96)

Editor's note

Ord. No. 96-5, § 1, adopted Jan. 30, 1996, set out provisions intended to create § 38-1427. Because a § 38-1427 already existed, and at the editor's discretion, these provisions have been codified as a new § 38-1428 instead.