By Terry Witt – Spotlight Senior Reporter

             Officials for the Florida Gaming Control Commission met online with Bronson Town officials Tuesday but made no decision on whether the Bronson Jiffy Store’s simulated gambling devices are legal.

            Bronson Town Manager Susan Beaudet said the commission wants to read a 5-page letter from attorney Kelly B. Mathis, who represents Jiffy Store owner Stoney Smith before responding.

            “No decisions have been made by the Florida Gaming Control Commission with regard to the simulated gambling machines at 399 North Hathaway Avenue,” Beaudet said. “They did not have a copy of the letter from Attorney Kelly Mathis, so Town Attorney Steven Warm forwarded it to them for review. We expect to hear back from them in a week or two.”

            Smith hired Mathis as his lawyer after receiving a Dec. 8, 2022, letter from Beaudet saying it appeared the Jiffy Foods Convenience Store at 399 N. Hathaway Ave. contained several “simulated gambling devices” that violate a town ordinance.

            In the letter, Beaudet said the town prohibits any person “to design, develop, manage, supervise, maintain, provide, possess, or use one or multiple simulated gambling devices. Each individual act to design, develop, manage, supervise, maintain, provide, produce, possess, or use a simulated gambling device constitutes a separate violation of this section.”

            The letter went on to say that if the machines aren’t being used for any sort of payoff (gift cards, money, store credit, tickets, etc.) “then they do not fall under the umbrella of “simulated gambling,” and may remain in place.”

            “However, if the devices are being used for any sort of payoff, then they do fall under the umbrella of “simulated gambling,” and they must be removed immediately,” the letter said.

            She gave Hudson Food Stores, the corporate owner of the Jiffy Foods Convenience Store, until Jan. 6 to disclose whether the machines being used at the Bronson store fell into the category of providing payoffs to customers. If the devices fell into that payoffs category the town would take corrective action through its code enforcement board.

            Mathis took exception to the letter, suggesting the town was in error.

            “While we appreciate your concern regarding the amusement games at the store, there are a number of provisions in Florida law that my client wished to be brought to your attention to allay any misconceived concerns that you might have,” Mattis said in his Dec. 30, 2022, letter of response.

            The attorney said the town’s code exempts any device that is permitted by Florida statutes “and not otherwise prohibited by the Florida Constitution.”

            “As such, the Code does not apply to activity expressly permitted under the Florida Statutes. Of course, Florida state law preempts local law, and municipalities cannot enact legislation which prohibits what is permitted under state law,” Mathis added. “Florida state law expressly permits both skilled-based electronic amusement games and sweepstakes operations.”

            The outcome of this legal conflict between Hudson Food Stores and the Town of Bronson could impact other store owners in Levy County, municipalities, and stores in unincorporated areas governed by the Levy County Commission. Many stores in other cities have devices similar to what Smith is using in Bronson, and stores in the unincorporated areas of Levy County likewise have devices of this nature.

            Much is riding on the outcome of this case.

            Do these devices amount to gambling or are they merely amusement games allowed by state law?

            Mathis argued in his letter that if a game is cards, keno, or faro, it is gambling. If it is any game of chance, it is gambling.

            “Thus, it is absolutely clear that Florida law requires as the principal element of the offense, that the activity constitutes a game of chance. Without the element of chance there is no gamble and no criminal activity,” Mathis said. “The Florida Supreme Court has held that, ‘Chance is the material element in both (lotteries and unlawful gambling)…if there is no chance the activity is not gambling even though money is paid to participate and money is awarded as a prize.”

            Mathis said there is another corner of state law that allows a motor fuel business to operate “sweepstakes games” with specific rules and regulations spelled out by statute. The Jiffy Foods Convenience Store in Bronson sells motor fuels through its Marathon gas station at the same site.

            “It is my client’s understanding that the Jiffy Foods Convenience Store maintains a license pursuant to Section 206.404, Florida Statutes, and therefore, is allowed to operate sweepstakes games pursuant to the above statute,” the letter added.

—————————–

Enterprise Reporting by Terry Witt March 9, 2023; Posted March 9, 2023