Business tax receipts (BTR)

In addition to the requirements of chapter 31 of this Code, the following shall apply:

(1)

Prior to being issued a BTR from the city, the operator must present a state amusement game or machine certificate from the department of revenue and any applicable county BTR for each amusement game or machine in operation at every location. Operator will need to provide the city with proof of a certificate issued by the department of revenue for an arcade amusement center or a mini-arcade amusement center and any applicable county BTRs for such use.

(2)

The operator of a one BTR per amusement game or machine at each location shall be issued in the name of the operator. The operator must provide to the city a notarized affidavit from the business owner and the property owner allowing operation of amusement games or machines within the business and property, respectively. Prior to the issuance of the BTR, the operator shall provide the city the affidavits of consent from the business owner and the property owner. All BTRs must be displayed within public view and accessible in an area within five feet from the physical site of the amusement game or machine. BTRs for amusement games or machines are not transferable from one operator to another. If an operator wishes to relocate an amusement game or machine covered under a current BTR from one location to another, then the operator must submit a new application together with the corresponding transfer fee to change locations. A new business tax receipt will be issued identifying the new location of that amusement game or machine and a corrected BTR shall be issued reflecting the removal of the amusement game or machine at the previous location. The name, address, and telephone number of the operator must be attached to the front of the amusement game or machine in a location easily read by amusement game or machine users with the size of lettering equal to or greater than 12-point type.

(3)

It shall be unlawful for the owner, lessor, manager, or person in charge of any business premises to permit any such amusement game or machine upon such premises unless such amusement game or machine has the BTR required by this Code displayed thereon.

(4)

For purposes of this subsection, each individual animated screen shall constitute one amusement game or machine regardless of whether the screen is encased in a console, cabinet, or other fixture, with other screens which receive electric power, through one source or cord, or are set into motion or permitted to function through the use of one bill acceptor, where the player may select a game at any one screen, such that at any one time you may have more than one person playing or operating games, at different screens independently from another. No artifice or scheme shall be used to circumvent the intent of this subsection.

(5)

City staff shall be responsible for the placement of a BTR on each individual amusement game of machine. The BTR shall be of a material approved by the city that cannot be tampered with or removed once affixed to the amusement game or machine and will self-destruct, pull apart, or become void upon removal from any amusement game or machine. No BTR may be transferred from any one amusement game or machine to another amusement game or machine. Any operator who attempts to remove a BTR from an amusement machine or game without prior authorization from the city shall be subject to the provisions described in section 12-6.

(6)

No BTR shall be issued for any machine, contrivance, or device that may be construed as a gambling device under state law, including any amusement game or machine that simulates a slot machine, casino card game, or any electronic casino game, if such game or machine includes an element of chance and may entitle the user to receive any money, credit, allowance, or additional chance to use the amusement game or machine.

Notwithstanding the language in this provision, paragraph (6) shall not apply to para-mutual facilities properly allowed under referendum or federal law. Moreover, paragraph (6) shall not apply to children's amusement games or machines located in bona fide arcade amusement centers and allowable under F.S. ch. 849.

(Ord. No. 13213, § 2, 10-14-10)