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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Are coin pusher games (coin-in/coin-out) legal to operate

Customer Question

Are "coin pusher" games (coin-in/coin-out) legal to operate in Florida? What license or sticker needs to be acquired in Volusia county to operate these? Additionally are there any stickers or special license needed to run skill cranes in Volusia County, Florida?
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Coin pushers are usually considered games of skill and not gambling in FL and as such they are allowed all over FL (in fact most are even made in FL). However, curiously the FL attorney general is of the opinion that crane machines where the outcome is unpredictable or by chance and not skill would be an illegal slot machine in places with alcoholic beverage licenses but not amusement rooms or gas stations without permits. see: Attorney General Opinion

FS 849.16 Machines or devices which come within provisions of law defined.--

(1) Any machine or device is a slot machine or device within the provisions of this chapter if it is one that is adapted for use in such a way that, as a result of the insertion of any piece of money, coin, or other object, such machine or device is caused to operate or may be operated and if the user, by reason of any element of chance or of any other outcome of such operation unpredictable by him or her, may:

(a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or

(b) Secure additional chances or rights to use such machine, apparatus, or device, even though it may, in addition to any element of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value.

 

Also:

 

849.161 Amusement games or machines; when chapter inapplicable.--

(1)(a)1. Nothing contained in this chapter shall be taken or construed as applicable to an arcade amusement center having amusement games or machines which operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played.

12. Nothing contained in this chapter shall be taken or construed as applicable to any retail dealer who operates as a truck stop, as defined in 2chapter 336 and which operates a minimum of 6 functional diesel fuel pumps, having amusement games or machines which operate by means of the insertion of a coin or other currency and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise limited to noncash prizes, toys, novelties, and Florida Lottery products, excluding alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played. This subparagraph applies only to games and machines which are operated for the entertainment of the general public and tourists as bona fide amusement games or machines. This subsection shall not apply, however, to any game or device defined as a gambling device in 324 U.S.C. s. 1171, which requires identification of each device by permanently affixing serial numbering and name, trade name, and date of manufacture under s. 1173, and registration with the United States Attorney General, unless excluded from applicability of the chapter under s. 1178. This subsection shall not be construed to authorize video poker games or any other game or machine that may be construed as a gambling device under Florida law.

1(b) Nothing in this subsection shall be taken or construed as applicable to a coin-operated game or device designed and manufactured only for bona fide amusement purposes which game or device may by application of skill entitle the player to replay the game or device at no additional cost, if the game or device: can accumulate and react to no more than 15 free replays; can be discharged of accumulated free replays only by reactivating the game or device for one additional play for such accumulated free replay; can make no permanent record, directly or indirectly, of free replays; and is not classified by the United States as a gambling device in 324 U.S.C. s. 1171, which requires identification of each device by permanently affixing serial numbering and name, trade name, and date of manufacture under s. 1173, and registration with the United States Attorney General, unless excluded from applicability of the chapter under s. 1178. This subsection shall not be construed to authorize video poker games, or any other game or machine that may be construed as a gambling device under Florida law.

(2) The term "arcade amusement center" as used in this section means a place of business having at least 50 coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility.

 


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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91080
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
for what its worth this answer is completely wrong.
Expert:  Law Educator, Esq. replied 2 years ago.
I provided you with the FL Attorney general's opinion, thus if anything is wrong, it is his opinion and not my answer as I did not make it up and I provided you an actual link with the exact wording for you to read for yourself. If you find it wrong, you should contact the Attorney General who authored the opinion I gave you and inform them that they were wrong as nothing I gave you was my own opinion on the law, but a report of what the State Attorney General of Florida said about the law.
Customer: replied 2 years ago.
reading this :

http://myfloridalegal.com/ago.nsf/Opinions/024215701844EC778525621300554167

i'm not sure how you draw the conclusion a coin pusher that dispenses coins (coin-in, coin-out) is legal in florida?

is there something i'm missing?
Expert:  Law Educator, Esq. replied 2 years ago.
I am very sorry, but nowhere in my answer above did I say that they were legal. I said they are "usually considered games of skill and not gambling in FL and as such they are allowed all over FL (in fact most are even made in FL). However, curiously the FL attorney general is of the opinion that crane machines where the outcome is unpredictable or by chance and not skill would be an illegal slot machine in places with alcoholic beverage licenses but not amusement rooms or gas stations without permits." Which, was not an opinion they were legal, it was a statement of fact that they are allowed all over FL and they are and most sheriffs and law enforcement agencies and counties do allow them. However, you were provided the AG's opinion on them as well. We do not draw legal conclusions here we provided you both sides of the issue from which you could draw your own conclusion and I am sorry if there was any miscommunication on the matter.
Customer: replied 2 years ago.
OK when you say

" they are allowed all over FL and they are and most sheriffs and law enforcement agencies and counties do allow them"

are you saying that the laws are not enforced? I'm not clear what you mean by "allow".

Is there an authority or certain type of attorney I can check with to find out a clear opinion?
Expert:  Law Educator, Esq. replied 2 years ago.
I am saying exactly that many FL counties just allow them to operate and do not enforce any laws based on the AG's opinion. Some FL counties do enforce the law and AG opinion, such as Miami, which just seized numerous coin pusher machines. The only way to be actually sure is contacting your county attorney's office and the county sheriff.

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