§ 155.104. Definitions.

(a)

Adult arcade amusement center means a business:

(1)

That is located on the "premises" of a facility that is licensed by the State of Florida pursuant to F.S. Ch. 550, and

(2)

That operates adult arcade amusement machines and

(3)

That is licensed under this Chapter.

(b)

Adult arcade amusement machine or machine means an electronic, mechanical, coin, currency, ticket, token, card or other similarly operated, computer, video or other similar machine, device or game which operates on the insertion of money, coin, or other type of monetary consideration or requires the payment of monetary consideration for its operation and which, whether by application of skill or application of the element of chance or both or by any other outcome unpredictable to him or her, may become entitled to receive any money, credit, allowance, or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to receive any credit, allowance or thing of value. The presence of a device as described above that requires the payment of monetary consideration for its operation shall result in the presumption that such machine is an adult arcade amusement machine as defined herein. This definition shall not include Electronic Equipment as defined in Section 156.105(d).

(c)

Amusement game or game shall mean any individual measure of play as indicated by an adult arcade amusement machine. Multiple games may be played by a single activation of the machine with the machine rendering the results of the games played without the decrementing of additional points or the payment of additional consideration.

(d)

Application of skill shall mean the ability of the player, through the application of any of the skill factors listed in this Chapter, to alter the payout percentage of an amusement game by not less than 25 percent over a completely random outcome determined as provided in this Chapter.

(e)

Coupon means a printed instrument that is a representation of points available for merchandise redemption. A coupon may not be redeemed for anything other than merchandise, as defined herein.

(f)

De minimis Activity Facility means a facility operated by an organization exempt from federal taxation under Section 501(c) of the Internal Revenue Code with ten or fewer adult arcade amusement machines at that facility, all of which were in operation on or before January 1, 2010.

(g)

Family Amusement Arcade means a business which, in addition to a food and beverage business for which it possesses state and local licenses, also operates an integrated arcade business that complies with F.S. § 849.161(1)(a)1., catering primarily to families and minors.

(h)

Merchandise means an object of value available for sale to the general public on the premises of the adult arcade amusement center or via catalogs or kiosks produced by an adult arcade amusement center other than alcoholic beverages and cash. The general public must be able to discern:

(1)

The points required to redeem the merchandise; and

(2)

The purchase price of the merchandise.

(i)

Payout percentage means the theoretical portion of played points retained by a machine over a period of time as determined by a licensed testing laboratory.

(j)

Points means a unit of entitlement for play of an adult arcade amusement machine created by either:

(1)

The conversion of coins, bills, tickets, or vouchers when inserted into an adult arcade amusement machine; or

(2)

The results of a played game.

(k)

Premises means the legal description of the land and location of the pari-mutuel facility as licensed according to F.S. Ch. 550.

(l)

Promotional points means points that are provided free of charge by the adult amusement arcade center to patrons.

(Ord. 2010-326-E, § 2)