A six-month halt on new Internet sweepstakes cafes inside Tampa city
limits won initial approval Thursday from the City Council.
Officially known as a temporary abatement, the moratorium is meant to
give the city time to enact its own ordinance regulating the cafes. Those
businesses allow customers to participate in sweepstakes contests. But instead
of getting scratch-off tickets to find out their winnings, they use computers
that often simulate the spinning reels of a slot machine.
If passed in a second vote on Oct. 18, the six-month abatement will not
affect Tampa's existing Internet cafes. The city has four that are open, with
a fifth under construction, according to business tax records.
"If you're operating today, and you met code at the time you were
operating, this would not impact you," senior assistant city attorney Julia
Mandell told the council. Also exempt would be the Seminole Hard Rock Casino,
Tampa Bay Downs, the Tampa Greyhound track, authorized bingo games and arcades
properly operated under state law.
Council member Yvonne Yolie Capin brought up the idea of regulating cafes
in March. On Sept. 20, the council voted to look into passing such an
ordinance.
As a model, the city is expected to look to the city of Jacksonville,
which limits the number of permits it will issue for Internet cafes, bases its
permit fees on the number of machines in the cafes, requires security cameras
and guards, and bans alcohol and minors from the cafes.
Tampa council members also have talked about requiring Internet cafes to
have a minimum size and a minimum number of machines. Capin has said she wants
to avoid a proliferation of sweepstakes cafes where coffee shops set up a
machine or two in a back room.
The council is scheduled to discuss its options Nov. 29.
So far, city officials are taking a different path than did Hillsborough
County.
In December, county commissioners voted to prohibit "simulated gambling
devices." Seminole County, Orange County, and the cities of Winter Garden and
Longwood have adopted similar bans.
Less than two weeks later, four sweepstakes companies sued the county in
federal court. The suit, which is pending, claims Hillsborough's ban violates
the cafes' First Amendment rights of free speech, unlawfully interferes with
commerce and deprives them of equal protection and due process of law.
The ordinance establishing Tampa's temporary abatement notes that state
law does not clearly define whether simulated gambling devices are, in fact,
slot machines regulated by the state.
Council Chairman Charlie Miranda voted yes Thursday, but said he would
vote no next month unless the Florida Department of Business and Professional
Regulation is brought into the discussion.
"We're getting into an area that's really state-driven," he said.
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News Column
Tampa Council to Curb Internet Sweepstakes Cafes
Sept. 28, 2012
Richard Danielson, Tampa Bay Times, St. Petersburg, Fla.
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Source: (c)2012 Tampa Bay Times (St. Petersburg, Fla.) Distributed by MCT Information Services
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