§ 46-937. Definitions.

The following definitions apply to this chapter 46, article XIII:

(1)

"Person" means an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation or other organization.

(2)

"Applicant" means the operator for whom a permit application is submitted and in the name of whom, if the permit is granted, the drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes, or game promotion shall be conducted.

(3)

"Conviction" means a determination of guilt in a criminal case by a court of competent jurisdiction, regardless of whether the defendant pled guilty, no contest, or nolo contendere, or was found guilty by a judge or jury.

(4)

"Simulated gambling device" means any device that, upon connection with an object, is available to play or operate a computer simulation of any game, and which may deliver or entitle the person or persons playing or operating the device to a payoff. The following rules of construction apply to this definition of "simulated gambling device":

a.

The term "device" means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device.

b.

The term "upon connection with" means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device.

c.

The term "object" means a coin, bill, ticket, token, card or similar object, obtained as a bonus or supplement to another transaction involving the payment of consideration.

d.

The terms "play or operate" or "play or operation" includes the use of skill, the application of the element of chance, or both.

e.

The term "computer simulation" includes simulation by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

f.

The term "game" includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, and any other game associated with gambling or which could be associated with gambling, but the term "game" does not necessarily imply gambling as that term may be defined elsewhere.

g.

The term "payoff" means cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.

h.

The use of the word "gambling" in the term "simulated gambling device" is for convenience of reference only. The term "simulated gambling device" as used in this article is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

(5)

"Simulated gambling facility" means the house, building, edifice, or location, along with its grounds in which simulated gambling devices are used, operated or stored.

(6)

"Slot machine" has the same meaning as specified in F.S. § 551.102 or as amended from time to time.

(7)

"Electronic equipment" means any electronic device provided by or on behalf of the operator that is used or adapted for use to conduct and/or reveal the results of a drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes or game promotions that display results by simulating a game or games ordinarily played on a slot machine.

(8)

"De minimis activity facility" means a facility operated by an organization exempt from federal taxation under Section 501(c) of the Internal Revenue Code and with five or fewer electronic or mechanical devices that are used to conduct a drawing by chance, sweepstakes or game promotion utilizing those electronic or mechanical devices, all of which devices were in operation before the passage of this article at that facility.

(9)

The term "minor" means any person under the age of 18 years.

(10)

The term "senior citizen's center" means any public or private center, that is organized and operated exclusively to provide recreational or social services for persons who are 55 years of age or older.

(11)

The term "security personnel" includes any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, or a police officer or other person authorized by law and who is hired to provide security for the simulated gambling facility.

(12)

"City manager" shall mean the Quincy City Manager or his or her designee.

(13)

"Operator" means any person in whose name a drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes, or game promotion that utilizes electronic equipment is conducted.

(14)

"Permit holder" means the operator in whose name the city manager has issued a permit under this article.

(15)

"Rules" means the restrictions and covenants governing the operation of the drawing by chance, sweepstakes, or game promotion.

(16)

"Premises" means the house, building, edifice, or location, along with its grounds, in or upon which the operator conducts an electronic game promotion.

(Ord. No. 1040-2011, 10-11-11)