Senate Bill sb0098

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    Florida Senate - 2003                                    SB 98

    By Senator Geller





    31-81A-03

  1                      A bill to be entitled

  2         An act relating to the operation of cardrooms;

  3         amending s. 849.086, F.S.; prescribing

  4         licensing requirements when more than one

  5         permitholder uses the same facility; providing

  6         cardroom license fees; revising the amount of

  7         bets allowable for each round, hand, or game;

  8         authorizing facilities to award prizes;

  9         revising the rate of the gross receipts tax on

10         admissions; revising the amount of cardroom

11         receipts that must be used to supplement

12         greyhound and jai alai purses; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Paragraphs (b) and (d) of subsection (5),

18  subsections (7) and (8), and paragraphs (a) and (d) of

19  subsection (13) of section 849.086, Florida Statutes, are

20  amended to read:

21         849.086  Cardrooms authorized.--

22         (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person

23  may operate a cardroom in this state unless such person holds

24  a valid cardroom license issued pursuant to this section.

25         (b)  After the initial cardroom license is granted, the

26  application for the annual license renewal shall be made in

27  conjunction with the applicant's annual application for its

28  pari-mutuel license. In order for a cardroom license to be

29  renewed the applicant must have requested authorization, as

30  part of its pari-mutuel annual license application, to conduct

31  at least 90 percent of the total number of live performances

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    Florida Senate - 2003                                    SB 98
    31-81A-03




 1  conducted by such permitholder during either the state fiscal

 2  year in which its initial cardroom license was issued or the

 3  state fiscal year immediately prior thereto, or, if a harness

 4  permitholder cardroom application, to conduct a minimum of 140

 5  live performances during the state fiscal year immediately

 6  prior thereto, or, if more than one permitholder is operating

 7  at a facility, each of the permitholders must have applied for

 8  a license to conduct a full schedule of live racing or games.

 9         (d)  The annual cardroom license fee for each facility

10  shall be $1,000 for the first table and $500 for each

11  additional table to be operated at the cardroom.  This license

12  fee shall be deposited by the division with the Treasurer to

13  the credit of the Pari-mutuel Wagering Trust Fund.

14         (7)  CONDITIONS FOR OPERATING A CARDROOM.--

15         (a)  A cardroom may only be operated only at the

16  location specified on the cardroom license issued by the

17  division, and such location may only be the location at which

18  the pari-mutuel permitholder is authorized to conduct

19  pari-mutuel wagering activities pursuant to such

20  permitholder's valid pari-mutuel permit or is otherwise

21  authorized by law and current license.

22         (b)  A cardroom may be operated at the facility only

23  when the facility is authorized to accept wagers on

24  pari-mutuel events during its authorized meet.  A cardroom may

25  begin operations within 2 hours prior to the post time of the

26  first pari-mutuel event conducted live at the pari-mutuel

27  facility on which wagers are accepted and must cease

28  operations within 2 hours after the conclusion of the last

29  pari-mutuel event conducted live at the pari-mutuel facility

30  on which wagers are accepted.

31  

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    Florida Senate - 2003                                    SB 98
    31-81A-03




 1         (c)  A cardroom operator must at all times employ and

 2  provide a nonplaying dealer for each table on which authorized

 3  card games which traditionally utilize a dealer are conducted

 4  at the cardroom.  Such dealers may not have any participatory

 5  interest in any game other than the dealing of cards and may

 6  not have an interest in the outcome of the game.  The

 7  providing of such dealers by a licensee shall not be construed

 8  as constituting the conducting of a banking game by the

 9  cardroom operator.

10         (d)  A facility that operates a cardroom may award

11  giveaways or prizes to players who hold combinations of cards

12  specified by the cardroom operator.

13         (e)(d)  Each cardroom operator shall conspicuously post

14  upon the premises of the cardroom a notice that which contains

15  a copy of the cardroom license; a list of authorized games

16  offered by the cardroom; the wagering limits imposed by the

17  house, if any; any additional house rules regarding operation

18  of the cardroom or the playing of any game; and all costs to

19  players to participate, including any rake by the house.  In

20  addition, each cardroom operator shall post at each table a

21  notice of the minimum and maximum bets authorized at such

22  table and the fee for participation in the game conducted.

23         (f)(e)  The cardroom facility shall be subject to

24  inspection by the division or any law enforcement agency

25  during the licensee's regular business hours.  The inspection

26  will specifically encompass the permitholder internal control

27  procedures approved by the division.

28         (g)(f)  A cardroom operator may refuse entry to or

29  refuse to allow to play any person who is objectionable,

30  undesirable, or disruptive, but such refusal shall not be on

31  the basis of race, creed, color, religion, sex, national

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    Florida Senate - 2003                                    SB 98
    31-81A-03




 1  origin, marital status, physical handicap, or age, except as

 2  provided in this section.

 3         (8)  METHOD OF WAGERS; LIMITATION.--

 4         (a)  No wagering may be conducted using money or other

 5  negotiable currency.  Games may only be played utilizing a

 6  wagering system whereby all players' money is first converted

 7  by the house to tokens or chips which shall be used for

 8  wagering only at that specific cardroom.

 9         (b)  The cardroom operator may limit the amount wagered

10  in any game or series of games, but the maximum bet The

11  winnings of any player in a single round, hand, or game may

12  not exceed $2 $10 in value. There may be no more than three

13  raises in any round of betting. The fee charged by the

14  cardroom for participation in the game shall not be included

15  in the calculation of the limitation on the bet pot size

16  provided in this paragraph.

17         (13)  TAXES AND OTHER PAYMENTS.--

18         (a)  Each cardroom operator shall pay a tax to the

19  state of 2 10 percent of the cardroom operation's monthly

20  gross receipts.

21         (d)  Each greyhound and jai alai permitholder that

22  which operates a cardroom facility shall utilize at least 6 4

23  percent of such permitholder's cardroom monthly gross receipts

24  to supplement greyhound purses or jai alai prize money,

25  respectively, during the permitholder's next ensuing

26  pari-mutuel meet.  Each thoroughbred and harness horse racing

27  permitholder that which operates a cardroom facility shall

28  utilize at least 50 percent of such permitholder's cardroom

29  monthly net proceeds as follows:  47 percent to supplement

30  purses and 3 percent to supplement breeders' awards during the

31  permitholder's next ensuing racing meet.

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    Florida Senate - 2003                                    SB 98
    31-81A-03




 1         Section 2.  This act shall take effect July 1, 2003.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Authorizes a harness racing permitholder to apply for a
      cardroom license. Reduces the maximum amount that may be
 6    wagered from $10 to $2. Reduces the amount of gross
      receipts tax for a cardroom operator from 10 percent to 2
 7    percent. Requires that 6 percent rather than 4 percent of
      gross receipts be used to supplement greyhound purses or
 8    jai alai prizes. (See bill for details.)

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