10-2150 Resolution to Florida League of Cities RE Internet Cafes

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RESOLUTION 10-2150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORH)A, SUPPORTING THE DETERMINATION BY THE FLORIDA ATTORNEY GENERAL REGARDING AN INTERPRETATION OF CHAPTER 849 OF THE FLORIDA STATUTES, AND URGING THE FLORIDA LEGISLATURE, STATE ATTORNEYS AND THE STATEWH)E PROSECUTOR TO TAKE ACTION AS IT PERTAINS TO THE ILLEGALITY OF LONG DISTANCE OR INTERNET CAFE "SWEEPSTAKES" GAMING ACTIVITIES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, in Chapter 849 of the Florida Statutes, the Florida Legislature has denounced gambling and prohibited it as a ct•iminal offense, which the Attorney General has indicated is to be enforced by the local police and prosecuted by the State Attorney, as set forth in Attorney General Opinions 98-07 and 2007-48; and WHEREAS, gambling causes a host of social ills, including increased indebtedness, bankruptcy, divorce, crime and sometimes even suicide; and WHEREAS, a gambling addiction can be more difficult to overcome than even alcoholism or drug addiction, according to some experts; and WHEREAS, recently there has been a proliferation of businesses that claim to be legitimate businesses operating within exceptions to the gambling law, which actually operate similar to Las Vegas-style casinos; and WHEREAS, these businesses sell cards providing long distance telephone or Internet time, but there is a "sweepstakes" prize associated with the card and customers access the computers provided on-site to find out if they are winners of a cash prize; and WHEREAS, these computers, which, in conjunction with remotely accessed servers and other equipment, are to redeem "sweepstakes" points, have been identified by the courts of other states to constitute illegal slot machines; and WHEREAS, certain undercover police investigations within the state have revealed that customers of these businesses were not using the long distance or Internet time purchased and that said purchase was merely a pretext to continue to redeem points to win cash prizes and as a means of circumventing state and local gambling laws; and WHEREAS, in Attorney General Opinion 2007-48, the Attorney General opined that these types of machines may constitute a gambling device, that the "sweepstakes" may be a lottery, and that these activities are illegal in the State of Florida; however very few State Attorneys have prosecuted these businesses, and the Statewide Prosecutor is reviewing evidence