§ 156.109. Limitations on Operation of Business.

(a)

Alcoholic Beverages. Permit Holders shall not sell or permit any individual to consume or possess any alcoholic beverages on any Premises with ten or more pieces of Electronic Equipment.

(b)

Minors. Permit Holders shall not permit Minors to enter the Premises except Minors employed at Premises where there are five or fewer pieces of Electronic Equipment.

(c)

Conditions of Alternative Means of Entry. Entries that are available without purchase or financial donations shall be made available on request. The Permit Holder shall not impose any condition on the provision of such entries other than proof of identity by government issued identification from any state. The Permit Holder shall not limit the number of such entries offered per day per individual to less than the equivalent amount of entries that Permit Holder provides to individuals who make a donation, or purchase of a product or service valued at least $1.

(d)

Limitation on Electronic Equipment. Permit Holders shall not operate more than 50 pieces of Electronic Equipment except that Permit Holders operating a drawing by chance offered in connection with the sale of a consumer product or service, sweepstakes or other game promotion using Electronic Equipment on or before January 1, 2010 in the City of Jacksonville may not operate more pieces of Electronic Equipment than were in operation on August 9, 2010, and any reduction following the enactment of this Chapter in Electronic Equipment pieces by such Permit Holders shall be permanent. Replacing an existing piece of Electronic Equipment due to a defect or upgrade shall not be deemed a reduction pursuant to this subsection, provided that such replacement occurs within 30 days.

(e)

Zoning. Game promotions utilizing Electronic Equipment shall be permitted or permissible by exception, as applicable, as set forth in Chapter 656, Zoning Code, subject to all applicable requirements, restrictions and limitations set forth in the Ordinance Code.

(f)

Additional Restrictions. No drawing by chance in connection with the sale of a consumer product or service, sweepstakes or game promotion shall:

(1)

Design, engage in, promote, or conduct a game wherein the winner may be predetermined or the game may be manipulated or rigged;

(2)

Arbitrarily remove, disqualify, disallow, or reject any entry;

(3)

Fail to award any prize offered;

(4)

Print, publish, or circulate literature or advertising material which is false, deceptive, or misleading; or

(5)

Require an entry fee, payment, or proof of purchase as a condition of entering.

(g)

Additional Requirements. An Operator conducting a drawing by chance in connection with the sale of a consumer product or service, sweepstakes or game promotion shall be required to:

(1)

Maintain a list of the names and addresses of all persons who have won prizes which have a value of more than $25 for one year.

(2)

Maintain a trust account or bond in an amount equal to the total announced value of the prizes offered or $50,000, whichever is less.

(Ord. 2010-326-E, § 3)