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Florida Statute 546.10 Summary

This statute is titled the "Family Amusement Games Act" and falls under Title XXXIII, "Regulation of Trade, Commerce, Investments, and Solicitations," specifically in Chapter 546, "Amusement Facilities."

Here's a summary and analysis of the key provisions:

Section 546.10(2): Purpose

  • The legislature aims to regulate skill-based amusement games or machines to prevent the expansion of casino-style gambling.
  • The statute intends to clarify the operation and use of these games to avoid misinterpretation.

Section 546.10(3): Definitions

  • Defines "Amusement game or machine" as a game activated by currency or tokens, based on skill, with no material element of chance. Excludes specific types of games and devices related to gambling.
  • Defines "Arcade amusement center" as a place with at least 50 amusement games for public entertainment.
  • Defines "Card" as a means to activate games and may contain information on coupons or points.
  • Defines "Game play" as the process of playing without additional currency.
  • Defines "Material element of chance inherent in the game or machine" to clarify what constitutes chance in these games.
  • Defines "Merchandise" as non-cash prizes and lists exclusions.
  • Defines "Redemption value" as the imputed value of coupons or points.

Section 546.10(4): Operation of Amusement Games or Machines

  • States that amusement games or machines may be operated according to this section.

Section 546.10(5): Types of Amusement Games or Machines

  • Defines "Type A," "Type B," and "Type C" amusement games or machines based on their characteristics.

Section 546.10(6): Locations for Operation

  • Specifies where Type B and Type C amusement games or machines can be operated.

Section 546.10(7): Maximum Value

  • Sets a maximum value of $5.25 for these games and allows for adjustments based on inflation.

Section 546.10(8): Enforcement

  • Specifies who can take legal action to enjoin the operation of games or machines.

Section 546.10(9): Penalties

  • Outlines misdemeanor and felony penalties for violating this section.

In summary, this statute regulates the operation of skill-based amusement games or machines to prevent them from being interpreted as exceptions to the state's general prohibitions against gambling. It defines different types of games, sets location requirements, and establishes penalties for violations. The maximum value of these games is capped, with provisions for adjustment based on inflation. Legal action to enjoin the operation can be taken by specific authorities or substantially affected persons. Violations are subject to misdemeanor or felony penalties.

ANALYSIS

Is there any way to award cash?

Under Section 546.10 of the 2022 Florida Statutes, the regulation of amusement games or machines is designed to ensure that they do not award cash or cash equivalents. These games are intended to be skill-based and for entertainment purposes, with restrictions to prevent them from being used for gambling or cash rewards.

Specifically:

  • "Type A" amusement games or machines, as defined in the statute, are not allowed to deliver cash or anything of value, including electronic credits to be exchanged for cash. They can only entitle players to free replays, subject to certain conditions.

  • "Type B" amusement games or machines may entitle players to receive coupons or points, but these can only be redeemed onsite for merchandise. The statute restricts the redemption value to prevent cash rewards.

  • "Type C" amusement games or machines allow players to receive merchandise directly from the game or machine, but the wholesale cost of the merchandise must not exceed 10 times the maximum value specified in the statute, which is $5.25.

Is there any provisions allowing the play of amusement games that award cash in private clubs?

There are specific provisions that allowed for the operation of certain types of amusement games (referred to as "Type A" games) in various locations, including private clubs. However, these games were not allowed to award cash or anything of substantial value.

Type A Amusement Games:

  • A Type A amusement game or machine, when activated and played, can not deliver cash, tickets, tokens, points, or anything of substantial value. These games can only provide free replays.

Type B Amusement Games:

  • Type B amusement games or machines, upon activation and game play, may entitle or enable a person to receive coupons or points that can only be redeemed onsite for merchandise.
  • The coupons or points obtained from playing these games should not have any value other than for redemption onsite for merchandise.
  • The redemption value of the coupon or point received for a single game played should not exceed a maximum value, as determined by the statute.
  • Players can accumulate coupons or points to redeem onsite for merchandise, but there are limits on the wholesale cost of the merchandise and the aggregate value of items redeemed.

Type C Amusement Games:

  • Type C amusement games or machines allow players to manipulate a claw or similar device within an enclosure to receive merchandise directly from the game or machine.
  • The wholesale cost of the merchandise awarded should not exceed a certain limit, as determined by the statute.

For both Type B and Type C amusement games, the key distinction is that they award merchandise rather than cash or anything of substantial value. These games are intended for entertainment purposes, and the merchandise awarded is typically non-cash prizes such as toys and novelties.

It's essential to keep in mind that these laws can change over time, and local regulations or club-specific policies may also apply. Therefore, it's crucial to consult the most current and relevant legal sources, such as the Florida Statutes and any local ordinances, to determine the current regulations regarding amusement games in private clubs.

Additionally, if you are associated with a private club like a VFW or Moose Lodge and are considering the operation of amusement games that award cash or prizes, it's advisable to consult with legal counsel or local authorities to ensure compliance with all applicable laws and regulations. Laws and regulations related to gambling and amusement games can vary, and it's essential to understand the specific rules that apply to your situation.