1619-2-1 Laws of Florida-House Bill License "Coin-Operated Devices" LAWS OF FLORIDA 1085
t herewith be and CHAPTER 17256—(No. 485). Chap. 17257
1935
HOUSE BILL NO. 122
!parable, and if any
_nal, such unconsti- AN ACT to Provide for the Conservation of Shrimp and Prawn
emaining provisions in Certain Waters of the Gulf of Mexico and its Tributaries
Within the Jurisdiction of the State of Florida; Prohibiting the
upon its becoming Catching and Taking of Shrimp and Prawn in Said Waters Dur-
ing Stated Seasons and Providing Penalties for the Violation
Thereof; and Providing for the Enforcement of the Provisions
of Law by all Conservation Officers of the State of Florida.
335. Be It Enacted by the Legislature of the State of Florida:
i
Section 1. It shall be unlawful to take or catch shrimp or prawn season
inside of any bay or sound or pass or at any place within one mile Closed. 1
of the shore in any of the waters of the Gulf of Mexico or its tribu-
:ion of, Buy, Sell, taries within the jurisdiction of the State of Florida, during the
Shrimp or. Prawn period from February first to April first, or during the period
ties-for Violations from August first to October first in any year.
Section 2. Any person violating the provisions of this Act shall Punishment.
f Florida: upon conviction thereof be punished by fine not exceeding Three
son, persons, firm Hundred Dollars or by imprisonment not exceeding six months.
ii
it possession, buy, Section 3. - The provisions of this law shall be enforced by all
<sarily destroy any Conservation Officers of the State of Florida.
ore than,forty-five Section 4. All laws and parts of law in conflict herewith are
hereby repealed.
shall be deemed Became a law without the Governor's approval.
shall be punished
s ($500.00) or by Filed in Office Secretary of State, May 29, 1935.
by both such fine
k'.
ediai - y CHAPTER 17257—(Np. 486).
HOUSE BILL NO. 1131
oval.
AN ACT to License Certain Types of Coin-Operated Devices; to
35. Regulate the Operation Thereof; to Designate the Penalties for
the Violation of the Provisions of This Act; to Define Certain
Types of Coin-Operated Devices; Providing for the Division
and Distribution of the Revenue Derived Therefrom and Other
Matters Properly Relating Thereto; and to Provide for Holding
¢..
,, a, ,-,,,,e',. ..,--0'"+.`'
1086 LAWS OF FLORIDA x
chap, 17287 Recall Elections in any County to Determine Whether "Lice.
1935 Shall be Revoked or Continued Therein. ,
i" " allit, t
�; slot
Be It Enacted by the Legislature of the State of Florida; esti
IIIMINIIIIIIIIIIK.iY slot Machine Section 1. It shall be unlawful for,an � ' sha
License. y person or persons, 4� = '° �a V.
poration or corporations to set up for operation, operate, lease, ,
distribute for the purpose of operating, any coin-operated devi,. (
as defined in Section Two of this Act, without first having obtain:,' `'6 to 1
a license therefor. This Act, however, does not apply to mach,
or devices being displayed or demonstrated by manufacturers, dis=' t anc
tributory, salesmen and agents for sales purposes. Y` _ nee
Definitions. Section 2. For the purpose of this Act, coin-operated devices; pm
are defined and classified as follows:
Sta
15> ,"
(1) Automatic coin-operating vending and amusement 1
chines with premium features, which may or may not vend for 4, '.. t out
coin deposited a standard article of merchandise having a re, oth
nized retail value, and which at intervals vend checks, tokens, co'. a IV dei
or orders which may or may not be exchanged for additional mer:::: be
chandise. Hereinafter this type will be referred to as automatic- 1
vendors. fi a,M„ del
(2) Coin-operated skill machines (commonly referred to ` x, y opt
Pin-Games, Marble Tables, and similar devices of this type whi > i
may have a skill feature) which may or may not pay a reward.f.
for skillful operation or upon which operation, premiums may or , , the
may not be given for high score or making certain combinations r- ; 1 for
Such premiums may be awarded either automatically by the ma-a in
chine in the form of checks, tokens or orders, which designate
value of the premium or premiums or may be indicated by a score.„':: of
card attached to the machine. Hereinafter this type shall be rem-.''.,- ; the
ferred to as skill machines.
(3) Trade machines. These machines have no automatic vend ,,
ing feature, although at intervals indicate that patron is entitled t
to receive premiums. Hereinafter this type will be referred to as ''r tri
trade machines. Only such types of machines as are hereinabove tof
o
described and referred to as 'automatic vendors, skill machines- f to
and/or trade machines are covered by this Act. Nothing herein ' }s to,
contained shall be construed to apply to any coin-operated machine---..3f,,, ' : ea,
or device which returns amusement, entertainment or some service ta
.
or article of value or a combination of the above, uniformly as to .
quantity and quality, upon each insertion of a coin into the same, fo
nor to any coin-operated telephone. , Al
Sk
Mii
b
I=4,,,'''
LAWS OF FLORIDA 1087
r_is.__.1
(4) "Other Machines." All other coin-operated machines or chap 17257
slot machines not covered by any of the above definitions, classifi-
cations or descriptions, shall be classified as "other machines" and 35
';i ,
shall be subject to an occupational license tax as hereinafter pro- I .
,cided.
' ' (5) This Act shall not apply to coin-operated telephones nor
to U. S. Stamp machines.
(6) The Comptroller is hereby authorized and directed to make •
and promulgate such reasonable rules and regulations as may be }
necessary to secure and determine uniform classifications for the
purposes of this Act, of all devices and/or machines within the
:_ State of Florida.
Section 3. Any person, firm or corporation who leases or rents Opel ear
out or places, under any kind of arrangement whatsoever, with any i
other person, or a location operator, any coin-operated device or
devices, as herein defined, shall pay an occupational tax and shall
• be known as an "Operator."
Any person, firm or corporation who displays any coin-operated Location
Operator
device or devices, as herein defined, to the public to be played or nefinea.
operated by the public shall be known as a "location operator" and
shall pay an occupational license tax as provided in Section 5.
Section 4. All licenses shall be due and payable on or before Licenses I
" the first day of October of each year, and no license shall be issued
Payable. ( ;
for any fractional portion of a year, except as otherwise provided
in this Act, and except that any license for a location tax may be ,
hnued after the first day of April and to expire on the 30th day
of September of the same year, upon the payment of one-half of
the amount fixed as the price of such license for one year.
Section 5. The foes for such licenses to be as follows: Each Fees for I ,
Licenses.
"Operator" of automatic vendors, and/or skill machines, and/or �
trade machines, shall pay to the Tax Collector an occupational tax
of One Hundred Fifty Dollars to the State and Seventy-five Dollars j '
to the County and Seventy-five Dollars to the city or incorporated
town, and in addition thereto the following occupational tax on f
; each machine as set forth in this Section, and each "location op-
erator," as defined in Section 3, shall pay an occupational license
tai on each machine to the said Tax Collector for the State, as ,',
follows:
Automatic vendors — ---- _---$ 30.00
Skill machines ---------------------_----- -- ---..-.___..._._...__...__ ._ 10.00 !'
lt'
i „
•
1088 LAWS OF FLORIDA
(...._x_-,
Chap. 17257 Trade machines10.00 t
- 1935 Other machines 500.00
}t; and shall pay a license tax to the said Tax Collector for the county
in which said machines are operated on each machine, as follows:
IIIIIIIIIIIIIIINIIIIIIIIIS40 Automatic vendors $ 15.00
Skill machines _ _._ 5.00
Trade machines _ 5.00
Other machines _._....._.._.__.._.__....__. 250.00
and shall pay a license tax to the city or incorporated town on each
machines, as follows:
Automatic vendors _..__..___.______...._..._......_...._.._.$ 15.00
Skill machines 5.00
Trade machines ..._.._..._ ___
5.00
Other machines _ 250.00
Provided,that if any "Operator" or "location operator" shall '',
maintain such device or devices at any place or places so that such
"Operator" or "location operator" is not subject to the payment
of a city or town occupational license tax, then in that event such
location operator shall pay twice the amount of county license tax
as herein provided.
Administra- Section 6. The administration and enforcement of this Act
tion and En-
forcement. shall be the duty of the Comptroller or his duly appointed agents,
and for that purpose he is hereby directed, authorized and em-
powered; to make, promulgate and enforce such reasonable rules
and regulations as he may deem necessary or expedient; to con-
fiscate all machines as herein defined upon which all taxes herein
imposed have not been paid as herein provided; to appoint and
deputize a sufficient number of inspectors to properly enforce the
provisions of this Act and the rules and regulations made pur-
suant hereto; to give instructions to and provide all forms to
county tax collectors; and to do any and all acts necessary or ex-
pedient for the strict enforcement of the provisions of this Act.
Provisions Section 7. Any and all machines licensed under this Act shall
of License. be subject to the following provisions:
1. No person in direct charge or supervision of such machine 4`
shall knowingly permit any person under 21 years of age to engage
in the play of such machines.
2. All machines licensed by this Act, must be operated and
maintained at all times in an orderly manner, and the operation
thereof shall be conducted with the same dignity as any other well
regulated business.
LAWS OF FLORIDA 1089
10.00 3. Provided that no automatic vending machine shall at any Chap.s 57
500.00 time be "plugged" or changed in any manner so as to alter its 1935
county ratio of premiums.
ollows
Section 8. That any person, firm or corporation, desiring to
$ 15.00 operate any of the machines described in this Act in any county orP cense.
5.00 of the State of Florida, shall first make application for a license
5.00 for the privilege of operating any such machines as are described
250.00 in this Act in such county, to the Comptroller of the State of
n each ' Florida, for such license, and upon the filing of such application
with the Comptroller of the State of Florida, said Comptroller
15.00 shall certify to the Tax Collector of the county, or counties, desig-
5 nated in such applications that such applications have been made,
5 and the Tax Collector and the County Judge of such county shall
X50.00 thereupon, and upon the payment of the license charges as pro-
- vided by this Act, issue to the said applicant the license as applied
' shall for in said application and certified by the Comptroller. The Comp-
tt such troller of the State of Florida shall not grant the application of
tyment any person, persons, firm or corporation in any of the several
it such counties of the State of Florida operating any of the machines
Ise tax described in this Act in excess of one such machine to each one
- hundred persons in said county, according to the last State or
is Act .',A1 Federal census, and the applications received by the Comptroller
agents shall be certified in the order in which such applications are filed
id em- % in the office of the Comptroller, and the County Tax Collector and
e rules the County Judge shall issue license in the same order in which
'o con applications are filed with and certified by the Comptroller, and
herein no license shall be issued by any Tax Collector or County Judge
it and without first having received certificate from the Comptroller, as
-ce the herein provided, and without first having received in cash the
e pur- amount of money provided in this Act for State and County license
rms to on the machine, or machines, described in such certificates.
or ex- Section 9. Concurrent with the issuance of the licenses for each Serial Num-
Act. machine the Tax Collector shall issue a metal plate or other device her Plate.
t shall prescribed by the Comptroller, upon which shall appear the serial
number of the license and manufacturer's serial number of the
machine, for which he shall receive a fee of Two Dollars, which
iachine shall be in lieu of any other compensation and which shall be in
engage full for all services required by this Act; such plates must at all
times be firmly attached to the machine and prominently displayed
ed and thereon. Any such machine removed, for operation, to another city
eration or county, other than the county or city in which it was originally
er well licensed shall be subject to the payment of a location tax, as herein
provided for such city and county as herein set forth.
ii
J
1090 LAWS OF FLORIDA
Chap. 17257 Section 10. Any person, firm or corporation defined in this
1935 Act engaged in the operation of coin controlled machines as herein
Penalty. defined, in violation of any of the provisions of this Act, shall be
guilty of a misdemeanor and shall, upon conviction thereof, be
fined not less than One Hundred Dollars ($100.00) and not more
than Two Thousand Dollars ($2000.00), or imprisoned in the
county jail not to exceed one year or both within the discretion of
the court. And each day of operation in violation of any provision
of this Act shall constitute a separate offense.
Money Section 11. All money collected hereunder for the State license
Collected. tax as herein provided, shall, after the expense of administering
this Act, be promptly remitted, as required by law, to the Comp-
troller and placed in the 'Treasury to the credit of the General
Revenue Fund. '
Gambling Section 12. No laws or parts of laws which have for their pur-
Laws not Ap- "
pllcable. pose the prohibition of gamblingdevices shall be construeoap-
ply to licensed coin-controlled machines, as defined and permitted
under this Act. Provided, further, that nothing herein shall be
construed to mean that more than one occupational tax may be
required from any one operator, and not more than one location
tax may be required of each machine, in the same county or city.
Locations. Section 121/2. No machines operated under the provisions of
this Act shall be maintained or operated within 300 feet of any
public school or church; provided, however, that this shall not ap-
ply to any machine operated or maintained in any hotel.
Approval of Section 12-A. Upon petition of twenty percent of the qualified }
Electors. electors of any county the County Commissioners of such county
shall provide for the submission to the electors of such county at t'
the then next succeeding general election, the question of whether
any permit or license theretofore granted for the operation of any
of the machines or devices described in this Act shall be continued
or revoked and if the majprity of the electors voting on such ques-
tion in such election shall vote to cancel or recall the licenses or
permits theretofore given, then the Comptroller of the State of i
Florida and the Tax Collector of such county shall not thereafter
grant any license for the operation of the machines and devices
described in this Act. Provided, further that any County revoking
such licenses shall not thereafter participate in any of the rev-
enues derived under this Act.
'
Saving Section 13. SAVING CLAUSE. If any section, sub-section, E 4
Clause. sentence, clause, phrase or word of this Act, is for any reason, held
1
1.
LAWS OF FLORIDA 1091
iefined in this or declared to be unconstitutional, inoperative or void, such hold- Chap. 17258
hines as herein ing or invalidity shall not affect the remaining portions of this 1935
s Act, shall be Act; and it shall be construed to have been the legislative intent
ion thereof, be to pass this Act without such unconstitutional, inoperative or in-
and not more valid part therein; and the remainder of this Act after the ex-
risoned in the elusion of such part or parts shall be deemed and held to be valid
ie discretion of as if such excluded parts had not been included herein; or if this
F any provision Act or any provision thereof shall be held inapplicable to any per-
son, groups of persons, property, kind of property, circumstances
or set of circumstances, such holding shall not affect the applica-
ie State license bility thereof to any other person, property or circumstance.
administering
to the Comp u` Section 14. All laws or parts in conflict herewith are hereby
of the General repealed.
Section 15. This Act shall take effect'immediately upon its be-
for their pur- coming a law.
>nstrued to ap- Betaine a law without the Governor's approval.
and permitted
ierein shall be Filed in Office Secretary of State June 10, 1935.
alfaXmay be
Ln one location CHAPTER 17258—(No. 487).
county or city.
.i.
provisions of HOUSE BILL NO. 692
00 feet of any AN ACT to Amend, Revise and/or Re-enact the Act Creating
is shall not ap- South Florida Conservancy District, Formerly Palm Beach
hotel. Drainage and Highway District, Entitled: "An Act Creat-
A the qualified ing Palm Beach Drainage and Highway District; to Main-
3f such county tain and Operate said Drainage and Highway District in this
Such county at State and Define its Boundaries; to Create a Board of Super-
iors of whether visors for said District, and to Define its Powers; Authorizing
>eration of any the Construction of Hard Surfaced Roadways and Other Road-
11 be continued ways, Canals, Ditches, Drains, Dikes, Reservoirs and Other
on such quer f Works for the Reclamation, Improvement, Convenience and
the licenses or -:: Benefit of the Lands Embraced in said District, and to Levy
f the State of-,`,, Assessments of Taxes Upon the Lands in Such District, and
not thereafter to Provide for the Collection of the Same, and the Sale of
es and devices " Lands to Enforce the Collection of such Assessments, and to
)unty revoking _ Authorize the Board of Supervisors of, this said District to
ay of the rev- Borrow Money, to Issue Bonds, Notes, Warrants and Evidences
of Indebtedness and Deposit of the Same; to Procure Money to
n, sub-section Carry Out the Provisions of this Act, and Prevent Injury to any
ay reason, held Works Constructed Under this Act, and to Provide Penalty for