The jury verdict has no precedence value however, it has given confidence to many Adult Arcade owners to open their doors. In August 2006 a Broward County Jury awarded a not guilty verdict to an Adult Arcade owner. Very few of these businesses and owners have been criminally prosecuted.

Further, Florida Statute 849.16 defines illegal slot machines as machine-based games that contain “any element of chance or any other outcome unpredictable by the user.” The implication of this Supreme Court ruling is that even if a business receives its County and City occupational and business licenses to operate the adult arcade business, the business and the responsible owner may still be held criminally liable under Florida State law.īut the story does not end there.

(Fla 2017) held that laws governing Adult Arcade are Constitutionally authorized to be promulgated solely by the State Legislature, and thereby voided all the County ordinances and other referendums enacted by the local agencies or local vote by the electorate.Īs such, Florida Statutes § 849.08 and § 849.16 which makes it a crime to play or engage in any game of chance, at any place, by any device whatever, for money or other thing of value is still in full force as a third degree felony across the State.

FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, etc., Respondent. However, most recently, the Supreme Court of Florida, in GRETNA RACING, LLC, Petitioner, v. Many Counties and local government agencies have attempted to regulate and legalize Adult Arcades through ordinances and referendums. An Adult Arcade is a facility which houses gaming machines which have elements of luck and sometimes, elements of skill which award points which may be converted to prizes and gift certificates. Many business entrepreneurs ask about legalities of opening an Adult Arcade.

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