By MIKE SALINERO | The Tampa Tribune
Published: December 04, 2011
TAMPA Internet sweepstakes cafés are spreading across Hillsborough County like crabgrass, a concern to county officials who consider the cafés illegal gambling parlors.
But county commissioners also are worried about lawsuits, which is why a majority may vote against banning the cafés when the matter comes up for a public hearing Wednesday.
“I’m leaning toward legally what we can uphold,” Commissioner Mark Sharp said. “I just don’t want the county to be on the losing side of a court battle.”
The legality of the sweepstakes games is in dispute because state law is vague concerning what constitutes a slot machine. Operators of the cafés say they are offering a chance at cash prizes to customers who buy Internet time. Though the players see a slot machine on their computer screen, the winning number is predetermined, supporters of the cafés say.
But the Hillsborough County Sheriff’s Office considers the computerized games slot machines, which are not legal outside of approved venues, such as the Seminole Hard Rock Café. A recent opinion on the issue by State Attorney General Pam Bondi supported that view.
“From my perspective — and Pinellas County pretty much agrees — these devices fit under the definition of slot machines,” said Chris Brown, a lawyer with the Hillsborough Sheriff’s Office.
But if commissioners vote to ban the games, there’s a good chance the county could be entangled in a costly lawsuit. Pinellas and Seminole counties were sued after shutting down sweepstakes operations. As of October, 19 legal challenges to café closures had been mounted across the state.
Allied Veterans of the World, a nonprofit that operates many of the cafés in Florida, has threatened to sue the county if commissioners vote to ban the businesses.
“My clients cannot exclude the possibility of litigation if the Hillsborough County Commission votes to put them out of business, a business that state law allows,” attorney Kelly Mathis said in an email. Mathis said he represents Allied Veterans and others involved in providing electronic sweepstakes.
Hillsborough officials have been struggling with the issue since Commissioner Sandy Murman introduced a measure to ban the cafés in August. The board supported having the county attorney draw up an ordinance to ban the businesses, but some commissioners expressed concerns about possible lawsuits and were reluctant to rush such a measure.
Because of the concerns, Murman offered an alternative in October that would place a moratorium on new cafés until May. Existing cafés would remain open but would be licensed and regulated by the county.
On Wednesday, commissioners can decide between a ban and a moratorium.
“I’m still pushing the ban,” Murman said Friday. “I think the more information that comes out, it’s pretty apparent these are gambling places.”
Murman said she believes the café owners are taking advantage of poor people during a time of high economic anxiety. People with the most to lose — seniors, the poor, the unemployed — are tempted to waste precious dollars in hopes of hitting the big payoff, she said.
Commissioner Kevin Beckner, who also backs a ban, agrees with Murman. Beckner said he has a map showing the location of more than 30 Internet cafes in the county, up from 22 in September. Many are in low-income areas or near residential areas that cater to older residents, such as Sun City Center.
“I have a major concern that these people are targeting economically depressed areas and our seniors,” Beckner said. “I don’t think it’s right for our community.”
Commissioner Victor Crist, on the other hand, cautioned against the county rushing to ban the cafés until the law is clarified, either in court or by the Legislature. Crist said the county should enact the moratorium, then send a strong message to Tampa Bay area lawmakers demanding they pass a bill that states whether the cafés are legal.
“As much as I personally would like to see these places go away … there are certain steps we have to go through in the process to get to that end,” Crist said.
Commissioner Al Higginbotham said he will keep an open mind going into the meeting Wednesday, though he expressed concern that the cafés constitute an expansion of gambling.
Commissioners Ken Hagan and Les Miller could not be reached for comment.
The public hearing on the two ordinances will be after 2 p.m. Wednesday.
