sweepstakes distribution

Florida Internet Cafes: Legal In City, Illegal In County

Florida Internet Cafes Legal In City, Illegal In County

At least six internet cafes are operating in St. Augustine, Florida. While they are legal in the city, they are not permitted in St. Johns County, where St. Augustine is located. St. Augustine Police Department Assistant Chief Anthony Cuthbert stated, “We’re just monitoring the legal landscape to see if anything comes out of that. For now, from what we can tell, they’re operating legally.”

St. Augustine was the base of Allied Veterans of the World, which operated internet cafes throughout Florida. In 2013, law enforcement arrested dozens of AVW owners and associates for money laundering and racketeering. The Florida legislature subsequently banned the cafes, causing hundreds to shut down.

St. Augustine City Attorney Isabelle Lopez explained that internet cafes are reviewed for zoning and building code compliance, like any other business. She noted that operators understand they could be investigated for hosting illegal gambling and having their machines seized by prosecutors.

“We’ve chosen not to attempt to get into the regulation of gambling, as that is a very complex field right now,” Lopez said. “The state of Florida determines what is or isn’t a gambling establishment. Many people see internet cafes as gambling dens, but technically, if they comply with the specific requirements of state law, they are not deemed gambling. They are often set up as legal sweepstakes, regulated by Florida law.”

She added, “Whether you are truly a sweepstakes or a gambling facility depends on how the computer programs are set up. This requires substantial resources, so typically these matters are handled by the attorney general or the Florida Department of Law Enforcement through major inter-jurisdictional sweeps.”

City Planning and Building Department Director David Birchim mentioned that the city doesn’t define internet cafes, so differentiating between them and coffee shops offering internet access is challenging in terms of zoning.

In St. Johns County, no permits or permit renewals have been issued since state law changed following the Allied Veterans of the World investigation, according to County spokesman Michael Ryan. The number of internet cafes dropped from 21 to one, Lucky Louie’s, which is operating without a business permit in St. Johns County. The county has issued 32 citations, ranging from $118 to $268, against Lucky Louie’s for operating without a business permit and has taken the business to court, where a judge withheld adjudication and issued a fine.

The county does not determine whether a business is involved in gambling, as that is a state-regulated matter. “That’s why we’ve been in touch with the state attorney’s office,” Ryan said.

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