*Application withdrawn by Applicant"  *CONTINUED FROM MARCH 18, 2024* Quasi-Judicial Hearing - Review and approval of a conditional use with no new construction application submitted by One Eleven Orange, LLC, in respect of a proposed 'Family Amusement Center' to be located within the full main level in the Second Generation Space at 111 Orange Ave. Parcel ID: 2410-509-0002-000-1.

The property, 111 Orange Ave, the subject of this conditional use application, is located within the C-4 Zoning District, which permits mixed-use and indoor entertainment. The C-4 Zoning District and The Downtown District do not permit Arcade Amusement Centers and Amusement Arcades.

However, the proposed mixed-use with ancillary food serving facilities should be better described as a 'Family Amusement Center - Indoor Entertainment’. The proposed use would only be permitted to accommodate particular skill-based amusement games or machines. The type of machines allowed within the proposed use will be restricted by Florida State Statute 546.10, which deals with the allowance of ‘Family Amusement Centers’. Such use does not include:
1. Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.
2. A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.
3. A video poker game or any other game or machine that may be construed as a gambling device under the laws of this state.
4. Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless excluded under 15 U.S.C. s. 1178.

311 Orange Ave, Parcel ID:2410-509-0002-000-1.

Kev Freeman, Planning Director.

Staff recommend approval of the conditional use and that the following conditions be applied to the approval of this use:

1.  Skill-based amusement games or machines are permitted as otherwise restricted by Florida State Statute 546.10 and shall not include;
   1. Any game or machine that uses mechanical slot reels, video depictions of slot machine reels or symbols, or video simulations or video representations of any other casino game, including, but not limited to, any banked or banking card game, poker, bingo, pull-tab, lotto, roulette, or craps.
   2. A game in which the player does not control the outcome of the game through skill or a game where the outcome is determined by factors not visible, known, or predictable to the player.
   3. A video poker game or any other game or machine that may be construed as a gambling device under the laws of this state.
   4. Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless excluded under 15 U.S.C. s. 1178.
2. Window tinting, mirrored windows, or other obscuring elements are prohibited on the front elevation of the premises.

ALTERNATIVE RECOMMENDATION

a.Approve the application for conditional use with modification.

or
b.Deny the application for conditional use.