Conditional Use - Mixed-Use Family Indoor Entertainment Center - 111 Orange Avenue

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

However, the proposed mixed-use with ancillary restaurant facilities should be better described as ‘Family 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.

Therefore, staff recommend the following conditions be applied to any 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 to be installed on/at any display windows connected to the approved use.

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.

Approve the conditional use with alternative/additional conditions.

or

Deny the conditional use.
 

Kev Freeman, Planning Director.

The City Commission at their February 5th, 2024, meeting, requested staff to address the opportunity for such use within the Downtown Entertainment District.