Posted: Aug 17 10:22 PM

TAMPA – Hillsborough County moved one step closer to banning sweepstakes games at internet cafes.

On Wednesday, commissioners voted 7-0 to draft an ordinance that would ban the sweepstakes games. The ordinance would still have to go through a public hearing and commissioners would have to vote on it.

Commissioner Sandy Murman made the motion. She believes it should be illegal for patrons to purchase time on a computer, where they play sweepstakes games for prizes.

She considers it illegal gambling. On Wednesday, lawyers from the Hillsborough County Attorney’s Office and the Hillsborough County Sheriff’s Office agreed with Murman’s legal assessment, but added the state law on the topic was too ambiguous, making it difficult to enforce.

They recommended the county make its own decision about what to do about the sweepstakes cafes.

After a long, heated debate — during which some commissioners suggested a task force to look into the matter — the commissioners ultimately backed Murman’s proposal.

The ordinance to be drafted would not ban internet cafes, just the use of sweepstakes-style games on the machines at the cafes.

By MIKE SALINERO | The Tampa Tribune
Published: August 17, 2011
Updated: August 17, 2011 – 10:30 PM

TAMPA 

 

Usually one of the calmer, more-demure Hillsborough County commissioners, Sandy Murman broke out of character Wednesday when a fellow board member suggested delaying an ordinance to shut down internet sweepstakes cafés.

Murman made the motion to ban the cafés, which she described as illegal gambling operations that feature computerized slot machines. The county sheriff’s office also supports a ban.

But Commissioner Victor Crist, raising the specter of lawsuits by the café owners, urged caution and suggested the county appoint a work group that included sweepstakes café owners to study the issue.

“I am totally surprised at what’s come out of your mouth,” Murman almost shouted at Crist, who served with her in the Florida Legislature. She pointed out that Crist had served for years on the state Senate Committee on Criminal and Civil Justice Appropriations.

“You can’t sit at the table and try to work out a consensus with people that promote illegal gambling,” she said.

After long debate, Crist withdrew his motion and the board voted 7-0 to have the county attorney draw up an ordinance banning the cafés. A public hearing on the matter will be held sometime in coming months.

The cafés have proliferated in Hillsborough as adjoining counties have moved to shut them down. Murman said there are now 25 operating in the unincorporated areas of the county, and an unknown number in Tampa.

The businesses, which often locate in strip malls, sell internet time on computers. Patrons get phone cards that allow them to participate in sweepstakes contests that are just like playing a slot machine on a computer.

Chris Brown, a lawyer with the sheriff’s office, said the video sweepstakes games meet the state’s legal definition of slot machines, which are largely prohibited in Florida.

“They are illegal gambling,” Brown said.

But the cafés have persisted because of the ambiguity of state gambling law, Brown said. The law’s loopholes make it difficult to successfully prosecute café owners, who often fight back with civil lawsuits.

Defenders of the cafés say they are no different than the sweepstake cards that some businesses give to customers who buy something.

Jacksonville attorney Kelly B. Mathis, representing a not-for-profit called Allied Veterans, said Brown mislead the commission about the legality of the cafés.

“No judge has ever held that they are illegal, that they’re slot machines,” Mathis said after the meeting. Mathis said the veterans group, which operates about 40 internet cafés in Florida, would welcome “reasonable regulation.”

Commissioner Mark Sharp asked whether the board should wait to see if the Legislature passes clarifying legislation to the gambling statute next year. But Commissioner Kevin Beckner, citing the Legislature’s failure to deal with personal injury protection insurance fraud, nixed the idea.

“We need to protect our own community and not wait for Tallahassee to act,” Beckner said. “We have that responsibility as legislators up here to do what we feel are in the best interest of our community.”