(1) Purpose. This rule specifies and gives guidance for minimum trade standards for the operation of games at public fairs and expositions.
    (2) Definitions. The definitions in Sections 616.001 and 616.242, F.S. and Fl. Admin. Code Chapter 5J-18, and the following shall apply:
    (a) “”Agent”” means any person who is employed by or otherwise acting on behalf of a concessionaire, whether or not paid in any manner, to work in any game at a public fair or exposition.
    (b) “”Concessionaire”” means any person who owns, operates, or leases a game that has been authorized or permitted by the department.
    (c) “”Game”” means a competitive task or contest in which there is a prize, awarded by skill, for consideration where the skill of the player is the predominant element in the selection of the winner.
    (d) “”Group games”” are those games where the skill of one or more players is pitted against the skills of other players playing the same game simultaneously.
    (e) “”Person”” means any individual, partnership, corporation or agent of the same, acting either individually, or as a group, in any manner covered by this rule.
    (f) “”Player”” means any person who participates in a game.
    (g) “”Prize or Capital Prize”” means any merchandise item won by a player of a game.
    (3) General Regulations.
    (a) No game shall be operated in a manner which presents a hazard to the safety of any person. No equipment shall be used which is not in good working condition.
    (b) Every concessionaire shall be responsible for the actions of his employees or agents as they relate to the operation of the game.
    (c) No concession purporting to operate a game may be operated or modified so as to constitute gambling or become a game of chance, in violation of Florida Statutes Chapter 849
    (d) Games may only operate when in compliance with posted rules of play and this rule. All rules of play shall be posted on permanent signs and be readily visible to every player.
    (e) No game shall be operated in which hidden numbers, colors, letters or other symbols, conversion charts, score cards, or punch boards are used.
    (f) No game shall be operated which includes any mechanical, physical or other devices which directly or indirectly impedes, impairs or thwarts the skill of the player.
    (g) No game shall be operated in which cash prizes are awarded.
    (h) Concessionaires, their employees or agent shall not buy back for cash any prize from a player.
    (i) A game may be played in such a manner that the player may accumulate up to three wins in order to trade up for a larger prize. Each level of prize shall be plainly marked as to the number of wins. A permanent sign shall give the formula for all prizes. The sign shall be readily visible to all players.
    (j) Any prize, which a player may win, shall be displayed.
    (k) Players shall pay for each game as they play. Players shall not play on credit.
    (l) The game must be attainable and possible to perform under the posted rules from the playing position of the player.
    (m) Only the authorized game can be conducted.
    (n) In any game in which balls or other objects are rolled or slid on a platform of any kind, the platform shall be level laterally, unwarped, and have no obstruction of any kind between the player and the targets. Balls must be round, solid and firm.
    (o) In any game in which rings are thrown over blocks or prizes, all rings must be round and unwarped, and the target must be vertically straight and horizontally level. No slanting blocks are permitted. A clearance of at least three-eights of an inch on one side measured from the inside of the ring to the block or target is required.
    (p) In any game in which washers, disks, coins or tokens are thrown, the target must be level horizontally.
    (q) All darts used in any game must be pointed, weighted, balanced, and have no frayed, broken, or missing fletching.
    (r) In any game where an angle or other measurements is required, the operator shall have the necessary equipment at the game, to make the measurement.
    (s) The following shall apply:
    1. The operator of the game must keep in a conspicuous place a sign stating the cost of a play and an explanation of how the game is played. Lettering on signs shall be plain and not less than two inches in height. Signs or placards shall be permanent material.
    2. Only the permitted game can be conducted or engaged in or at the amusement concession.
    3. No prize shall be displayed or offered which cannot be won.
    4. Cash prizes shall not be awarded and no prize can be repurchased.
    5. The conductor of the game may exchange small merchandise prizes for a prize of greater value.
    6. The game cannot be operated on a pyramid basis.
    7. The game must be attainable and possible to perform under the rules stated from the playing position of the player.
    8. The game must be conducted in a fair and honest manner.
    9. No concealed numbers, conversion charts, score cards, or punchboards can be used to play the game.
    (4) Authorized Games. The following games when operated in accordance with the operating standards and procedures prescribed by this rule may be exhibited at public fairs and expositions:
    (a) Add-em-up dart game. This game shall be operated with no more than four darts. At least four major winning numbers, both high and low numbers, and colors shall appear per one hundred numbers or colors on boards. No squares shall be less than one square inch.
    (b) Archery. The operator of an archery game must provide good top, side and back wall protection. The device shall be secured to the counter so as to make it impossible to shoot towards players or the midway.
    (c) Bank-a-ball game. This game shall be operated with the following requirements: The game must be played with standard unaltered ball; foul lines will not be permitted on bank board; baskets must be uniform baskets or tubs, and stationary to frame; the angle of the bank board must be no greater than sixty degrees off plumb, away from the player; the operator must keep on location a tool to attest to and maintain this standard; the bank board shall not be variably dampened; the center of the basket must be positioned no further away from the player than the bottom edge of the bank board; and the bottom distance between the edge of the bank board and top of the basket shall be no greater than twenty-four inches.
    (d) Basketball games. The basketball hoop or basket shall be ten feet high and have an inside diameter of eighteen inches. The distance of the backboard to the shooting line shall be 15′ feet. Only a standard basketball may be used. Basketball hoops or baskets shall be securely attached to the backboard. All rims shall be circular and have an inside diameter of at least eighteen inches.
    (e) Basketball-type games. When a basketball type hoop or basket is not placed ten feet high, not placed 15′ feet from the shooting line, or does not have an inside diameter of 18” inches, a sign declaring the nonregulation shall be readily visible to the patrons. When a nonregulation basketball or rim is used, a sign declaring the ball as nonregulation-size shall be readily visible to the patron. Letters on such signs shall be at least two inches high. Signs shall be made of permanent materials. The minimum difference between the inside diameter of the hoop and the ball shall be at least three and one-quarter inches. Rims shall be securely attached to the backboard. The game may not be called basketball.
    (f) Beverage can or bean bag can game. This game shall be operated with either six or nine empty cans and may be played “”all over”” or “”all off””. The platform shall be no greater than twenty-one inches in diameter or a twenty-one inch square with the height being no less than thirty inches and no higher than 52” inches from the ground. Cans shall be placed no more than 3/8” of an inch apart. Two beans bags, three inches by 3” inches, with a minimum weight of 2 ounces shall be used. Cans shall have clearance of the can plus 3” inches. A lip not to exceed 1/8” of an inch will be permitted. Cans are to be stacked “”4-3-2″” or “”3-2-1″”. No obstructions or lip whatsoever shall be permitted around the base on which the cans sit if all targets must be knocked completely off the platform to win.
    (g) Bowling alley. Automatic bowling alleys are authorized. Pins must be uniform. The board shall be level and not warped and have no obstructions. The ball shall be solid, firm and uniformly round at all times.
    (h) Break balloon ball game. Balloons shall be stationery on the targets. Plastic, or cork balls shall not be used.
    (i) Break balloon dart game. The object of the game is to break a specified number of balloons. The number of balloons to be broken to win a prize shall be permanently posted on the permanent sign. The target board playing area shall be at least fifty (50) percent covered with target balloons at all times. Balloons shall be uniform and fully inflated. All darts used in dart games, must be weighted, balanced, and have no frayed, broken, or missing fletching. Blunt darts shall not be used.
    (j) Break the record, plate, bottle or similar type game. Targets shall be placed in a stationary rack 6′ to 18′ feet for short range games or more than 24′ feet for long range games. A protective covering shall be provided on 3 sides and the top for public safety. A canvas drop shall be used. Balls must be inspected for embedded glass and any embedded glass removed before offered to the player. All targets shall be breakable. When the object of the game is to break 2 targets with one ball to win, the distance between the targets at any point shall not be greater than the diameter of the ball less 1/2” an inch.
    (k) Bumper car. Barriers or foul lines shall not be permitted. A starting line only shall be permitted. The car shall be completely released by the patron. The nails or poles on every ramp shall be uniform and placed uniformly into the ramp. A prize shall be given every time.
    (l) Bushel basket game. Game shall be played with a ball the same size as a softball. Basket must be a standard bushel basket of four pecks having a height of at least twelve inches and a diameter of at least 18” inches at the opening. Basket shall be at an angle of no greater than seventy degrees off plumb away from the player. The operators must keep on location a tool to attest to and maintain this standard. Distance of throw shall be no greater than 8′ feet from toe line to the basket rim. Rim shots shall be allowed. Baskets shall be securely fastened to the backboard in a manner that they may be easily removed for inspection.
    (m) Can shooting gallery. This game may be played with different size beverage cans. The beverage cans shall be empty and devoid of any matter. Prizes shall not be attached to the cans. In all cases, all of the cans must be able to be knocked over.
    (n) Cane rack and ring the cane. Cane racks shall be at least 90 percent filled with canes at all times. Canes shall be arranged so that each and every cane can be ringed, including all canes with hooked handles. The clearance of the ring shall be such that there is not less than 3/8” inch clearance measured from the inside of the ring to the head of the cane. The measurement shall be made with the ring held next to the head of the cane.
    (o) Cat rack or punk rack. The rack may consist of one or more tiers. A front rail or molding may not extend over 1” inch above the shelf on which the cats are placed. The front rail or molding may be padded to lessen the chance of rebound balls. Shelves shall be level. Cats shall not weigh more than two (2) pounds. The base of the cats shall be uniform and the cats shall be uniformly placed on their bases. Cats shall be uniformly placed on the shelf. A backdrop or backboard shall not interfere with a falling cat nor shall there be any other obstruction to hinder or prevent a cat from falling. Shelves may not hinder or prevent a cat from tilting, leaning, falling over or falling off a shelf. Not including the fur trim, cats shall not be placed further apart than the diameter of the ball used less one inch. Balls must be the size of standard baseballs or softballs and weigh not less than three ounces.
    (p) Clown pop-em-in, stars, lion’s mouth, bungaloo board game or similar game. This game shall have at least 1/2” inch clearance on one side of the ball. Targets shall not be over twelve (12′) feet in distance from the barrier. Motion of the target will be permitted provided it is constant and not erratic.
    (q) Cork shooting gallery. Only guns in good mechanical condition may be used. No chipped or crooked corks may be used. The shelves where targets are placed may not exceed the height of the target plus one (1′) inch in width. No obstruction may interfere with the prize falling off a shelf. Prizes shall not be attached to the targets. No targets may be used which cork guns cannot shoot off the shelf. Games using wooden-type targets, shoot till you win games, games giving a prize every time and games with a limited number shots shall adhere to this rule.
    (r) Dart suction cup game. This game shall have a minimum of 3/16” of an inch clearance on all sides of the target after the cup is stuck to the target.
    (s) Dip bowl or bowler roller game. The track shall be level side to side. All tracks at a concession shall be uniform.
    (t) Dunking machine or similar game. Any ball used shall be capable of operating the machines.
    (u) English pool. All balls shall be uniform in size and weight.
    (v) Fish pond or catch the can game. Winning discs may be less magnetic and may be of a smaller size than losing discs. All winning discs must be able to be picked up from moving water. There shall be at least one winning disc for every twelve losing discs. Rules of play must be posted and must include the following or similar language: “”Winning discs are less magnetic. Pick a winning and losing disc at the same time, and the game shall be played over.””
    (w) Fishing pole or bottle set-up game. The playing surface on which bottles are placed must be at least 12 inches across and a minimum of 144” square inches. Bottles must be placed in the center of the platform. The platform shall be off level by not more than twenty-five (25) degrees at all times. The rings shall have three eights inch clearance or more. The string shall not be more than 54” long and not less than 36” long. The pole shall not be longer than 36” and shall not be shorter than 24”. The use of grease or wax on rings, platforms, or bottles is prohibited. The player may place the neck of the bottle in any direction.
    (x) Football toss type game. Operators of this type of game, where a tire or hole is used as a target, shall provide standard footballs to be thrown. The clearance in the target shall be at least one inch measured from the largest part of the football or other object on one side. No obstruction may be permitted.
    (y) Frog pond and chicken game. Water shall move slowly. No obstructions shall be within four feet above the circulating targets. All frogs, chickens, and catapults shall be uniform.
    (z) Goblet Pitch game. Goblet glasses shall be aligned in straight rows on a five foot by eight foot table centered in the concession booth. Goblet glasses shall be painted different colors. A standard sized wiffle ball shall be tossed by the player, and the player shall be awarded a prize if the ball lands in a goblet glass that is any color other than white.
    (aa) Guess weight, or age, game. Weight or age guessing must be by observation only. Scale dials must have clear figures and must be illuminated at all times so they can be read by the public. In guessing weight or age, the operator shall write their guess down and reveal it to at least one other patron or announce it publicly.
    (bb) Gun ball shall be played with three cylinders of the same size, shape and weight. If targets are to be completely knocked off the playing surface, the playing surface shall have no lip. The playing surface must be marked or scribed to show placement of cylinders. All cylinders shall be placed on the same horizontal and vertical plane. The top cylinder must be centered evenly between the bottom cylinders.
    (cc) High strikers. High strikers shall be in good condition at all times. The slides or wires shall be straight and free of any obstruction or controls. The slide board must be plumb at all times. All mallets shall be in good condition. There shall be a fence of sufficient strength not less than 36” inches high around the striker to protect the public. The fence shall be constructed with openings that will not pass a rigid 4” inch diameter sphere. Patrons shall not be permitted to swing the mallet unless both arms are used, however individuals with permanent arm disabilities may use one arm only. Where adjacent high strikers are located inside the same fence, only one player shall be permitted to play at a time.
    (dd) Hoop-la games and ring the block game. These games shall have at least three-eights of an inch clearance on one side measured at the widest point. Blocks shall be flat, solid, and not more than four inches high, uncovered. No prize shall project over the block. Each block shall be placed on the table with sufficient clearance to permit any hoop to surround the block unobstructed by merchandise. All prizes displayed on blocks entitles the player to win all prizes on the blocks. Hoops shall be round and uniform in size.
    (ee) Huckla buck kegs, milk can or similar games. A huckla buck keg, milk can or similar game must be set on a frame and kept level at all times. Each concessionaire must operate only when the number of bags indicated on the sign are present. The use of rubber or plastic balls are prohibited. The width of the opening of the bag in a huckla buck, milk can, or similar game shall be such that there shall be no less than three-quarters of an inch clearance on one side. There shall be at least a four foot clearance from any obstructions above or around the cans.
    (ff) Long range, cork, bazooka or sling-shot galleries. The guns shall be attached to the counter in a manner to protect the public. All lead bullets shall be non-splatter type. Galleries shall have good side, top and back wall protection at all times to protect the public.
    (gg) Milk bottle game. No bottle shall weigh over three pounds. All bottles shall be free from defects and each set shall be uniform in size and weight. The base on which the bottles sit shall be not less than eighteen inches from the ground. If the game is trailer-mounted, local boards and authorities shall determine the height of the base on which the game is set. The front barrier shall not be higher than the base on which the bottles sit. The base shall be at least 6′ feet from the front barrier. A rim not to exceed 1/2” inch will be permitted if operating the game “”all over””. No obstructions whatsoever will be permitted around the base on which the bottles sit if operating the game so that the targets must be knocked off the base to win.
    (hh) Mirror duck pond game. A prize shall be given every time. The water in the pool where the selection is to be made must move slowly and the object to be selected highly visible.
    (ii) Ping pong ball fish bowl game. The fish bowls shall be not more than one inch apart in any direction except for the diagonal. The measurement shall be that at the location of the widest portion of the bowl in relationship to all adjacent bowls. The table or stand supporting the fish bowls shall not exceed 4′ feet in height from the ground. The width of the opening of the fish bowl shall be such that there will not be less than one inch clearance on one side of the ball. Uniform ping pong balls and bowls shall be used.
    (jj) Ping pong ball float pitch game. The flow of water shall be kept slow. No obstructions shall be within four feet above the circulating targets. Uniform ping pong balls shall be used.
    (kk) Ping Pong Ball game. Standard ping pong balls and standard sixteen ounce plastic cups shall be used. Cups shall be placed in a pyramid shape and shall be securely attached to the table to ensure stability. From a distance of approximately four feet balls are tossed into the cups. The width of the opening of the cup shall be such that there will not be less than one inch clearance on one side of the ball. Uniform ping pong balls and cups shall be used. Prizes shall be awarded every time a ball lands in a cup and shall follow the standard trade up format for larger prizes.
    (ll) Pitch till you win hoop-la game. Operators shall provide targets that are vertical and maintained in a level position at all times. No slanting blocks shall be permitted. All rings shall be round and unwarped and have a minimum of three-eights of an inch clearance on one side.
    (mm) Pop bottle ball game, coke roll and tip’em over coke. Knock over two bottles or pins. Bottles shall be kept at least 12” inches from any obstruction so bottles are free to fall over at all times. Bottles shall be placed side by side in an upright position, bottom down, on the supporting platform and shall be parallel with the front of the game. The ball shall be tossed underhand. A ball, approximately the same diameter as a baseball and weighing no less than one and one-half ounces, shall be used. One ball shall be used to play this game. If a player knocks both bottles over, the player wins. Boards shall not be waxed. Operators who desire to operate with four bottles and two balls may play in a similar fashion. The distance between two bottles must be less than the diameter of the ball thrown.
    (nn) Poster joints, star joints, apple joints game. Boards shall be at least 75% covered at all times with targets. Board shall be made of material soft enough to be easily penetrated by darts thrown in a half-circle arc.
    (oo) Race group games. The winner of the game shall be determined solely by the skill of the player. The operator may not control or select the position which wins. A player may play in any position the player selects. A prize shall be given at the end of every game.
    (pp) Ring-bottle games. The table or stand supporting the bottles shall be at such height that the top of the bottles does not exceed 4′ feet from ground level. No obstruction may be placed between, or around or above the bottles at any time. The clearance of the ring shall be such that there is not less than 3/16” inch clearance measured from the inside of the ring to the neck of the bottle. Ring-bottle game shall be operated so as to be level at all times. The distance of all obstructions above or around all items to be ringed shall not be less than 4′ feet. The use of grease or wax on rings, platforms, or bottles is prohibited.
    (qq) Ring the pin game. Operators of this game shall arrange pins so they remain stationery at all times. Pins shall be so arranged that it is possible to ring each and every pin. The top row of pins shall not be higher than four feet above the ground. If the game is trailer mounted, local authorities shall determine the height of the base on which the game is set.
    (rr) Ring the duck game. The clearance of the ring shall be not less than 3/8” of an inch on one side measured at the widest point of the duck’s beak and head.
    (ss) Roll-a-game. The board shall be rigidly mounted, level laterally and unwarped with no obstructions which could cause the ball to jump. The balls shall be solid, firm and uniformly round at all times. All slots or holes shall be in an even row at the back of the board and shall not be staggered. All slots or holes shall be colored or well numbered to show wins. All slots or holes shall be of the same width. The slope shall not exceed 1” inch per foot of board length.
    (tt) Rope ladder game – climb the ladder game. The operator shall hold the ladder until the patron is on the ladder. A safety chain shall be attached to the ladder at both ends, in addition to the existing chain or cable and ring, which act to hold the ladder in the event the single chain or cable or ring breaks. The ladder shall not hang loose but shall be taut. There shall be adequate padding on the deck.
    (uu) Shoot out the dots game. The diameter of the dot shall not exceed the diameter of the bullet when it leaves the gun. All guns shall be secured so as to prevent them from being turned toward players or the midway. No gun may be used if the sights are missing or off center. Galleries shall have good top, back and side wall protection.
    (vv) Shoot out the star game. All guns shall be secured so as to prevent them from being turned toward players or the midway. Targets are to be approximately 5′ to 9′ feet from the gun muzzle. Each load is to be at least one hundred shots. The targets shall be made of uniform materials. Each gun shall be capable of shooting out the star with the loaded shot. Galleries shall have good top, back, and side wall protection.
    (ww) Shuffle boards or alleys. The slide board shall be level laterally and unwarped with no obstructions and be maintained smooth at all times. When numbers are used, they shall be plain and visible with no blank targets.
    (xx) Side winder game. Control of the ball shall be only under the control of the player. The base shall be level side to side.
    (yy) Skeeball game and mini skeeball game. The use of coin slots or aprons will be permitted. The operator shall reset the score by a reset device in full view of the patron when operating from an apron. Balls shall be solid, firm and round and not less than 3” inches in diameter. The minimum clearance between the ball and the ring on all scoring areas shall be 1” inch. The ball rolling alley surface shall be smooth. If any coins are lost due to mechanical failure of the machine, the coins will be replaced when reported to the owner. Mini skeeball shall use smaller balls than skeeball.
    (zz) Skill pool game. Pool tables shall be level and when pegs are present they shall be so spaced that the total clearance is at least 1/4” of an inch greater than the diameter of the ball.
    (aaa) Speed ball game. The operator shall have a speed measuring device to determine the outcome of the game.
    (bbb) Spot the spot or spot game. The circle shall be uniformly round. The plates shall be uniformly round. The concession shall have only one set of plates per position.
    (ccc) Sweeper Game. Turntables are made of 1/4” mirror measuring 16 1/4” in diameter. Sweeper arms are 9” in length and made of steel. Prize pucks are 1 1/2” lengths with a diameter of 3/4” to 1 1/2”. Only the patron can activate the sweeper arm by pushing the start button located in a wooden box.
    (ddd) Two cups game. Each cork gun used shall have enough force to knock over two cups. At a maximum, cups can not be placed further apart than the smallest diameter of the cork. Only guns in good mechanical condition may be used. No obstruction may interfere with the cups falling over. Prizes shall not be attached to the cup. No chipped or crooked corks may be used.
    (eee) Two pins roll down game. Pins shall be placed so that the distance between the pins does not exceed the diameter of the ball less 3/8” of an inch. The board shall be rigidly mounted, level laterally and unwrap with no obstructions which could cause the ball to jump. The balls shall be solid, firm and uniformly round at all times. The slope shall not exceed one inch per foot of board length.
    (fff) Wacky wire game. In the event of a mechanical or power failure, the game shall be played again at no additional charge.
    (ggg) Washer or coin pitch games including pitch for glass. Each and every prize shall have a large enough opening and be so arranged that it can be won. When a target “”choice”” prize is used, it must be stated on a permanent sign how a “”choice”” prize is won. No obstruction shall be permitted within 4′ feet above the highest target.
    (hhh) Washer or coin spot pitch games. The boards on which spots are arranged shall be level and unwarped and shall not be greased, waxed or powdered. Spots, washers and coins shall be of contrasting colors. The diameter of each and every spot shall be at least 3/8” of an inch greater than the diameter of the washer or coin used to play the game. The entire washer or coin shall be in the spot to “”win””. When washers are used, only steel washers shall be used.
    (iii) Such other games as may be approved by the department and issued a temporary authorization. Upon the written request of a manufacturer or an owner operator, the department shall issue a temporary authorization provided that the game complies with this rule.
    1. The temporary authorization shall be good for 12 months from the date of the Department’s letter of authorization.
    2. The manufacturer or owner operator shall supply to the department specifications, operational procedure and rules of play for the requested game prior to the department issuing a temporary authorization and prior to operating.
Rulemaking Authority Florida Statutes § 616.241(10), 616.242(4) FS. Law Implemented 616.241(10) FS. History-New 5-8-94, Amended 2-14-99, 5-30-10, Formerly 5F-8.050, Amended 7-5-16.