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2009-O-07 DID NOT PASS ORDINANCE NO. 2009-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING AN INTERIM MORATORIUM ON THE REVIEW AND ISSUANCE OF PERMITS, BUSINESS TAX RECEIPTS AND/OR CERTIFICATE OF USES FOR GAME ROOMS, ARCADES, DANCE HALLS, INTERNET CAFES, AND SIMILAR INDOOR ENTERT AINMENT AND AMUSEMENT ACTIVITIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, The City of Edgewater, Florida provides municipal servIces to its citizens, including regulation and licensing of businesses; and WHEREAS, the appropriate regulation, licensing and permitting of businesses are vital to the public's health, safety, morals and welfare as deficient or inadequate regulations can lead to public harm; and WHEREAS, The City Council has learned of certain activities related to "Adult Arcades" within the City of Edgewater being proposed or considered which activities may harm the City's economic and redevelopment activities and otherwise significantly and adversely affect the public health, safety, morals and welfare, said activities which may include forms of gaming or gambling which could lead to illegal activities; and WHEREAS, The City Council of the City of Edgewater, Florida, deems it necessary to cause a study to be accomplished relative to the criteria for issuance of permits for game rooms, arcades, dance halls, internet cafes and similar indoor entertainment and amusement facilities, and to place a temporary moratorium on the issuance of permits, the business tax receipt and certificate of use for such activities for a period of one hundred-eighty (180) days; and WHEREAS, a moratorium will maintain the status quo during the study and planning process of the City; and Strike through passages are deleted. Underlined passages are added. #2009-0-07 WHEREAS, this Ordinance pertains to the regulation of conduct within structures located within the City of Edgewater in order to protect the public health, safety, morals and welfare and is not a land use or a land development regulation. NOW THEREFORE, BE IT ENACTED By the People of the City of Edgewater: SECTION 1. PURPOSE AND LEGISLATIVE FINDINGS. The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the City Council's legislative findings. TEMPORARY MORATORIUM UPON THE ISSUANCE OF PERMITS, BUSINESS TAX RECIEPTS AND CERTIFICATE OF USE PERMITTING ADDITIONAL EST ABLISHMENTS OF OR OPERATIONS OF GAME ROOMS, ARCADES, DANCE HALLS, INTERNET CAFES AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT ACTIVITY PERMITS. All activities relating to the acceptance, review and action upon new permit applications for game rooms, arcades, dance halls, internet cafes and similar indoor entertainment and other indoor amusement activities are temporarily suspended in order for the City of Edgewater through its officials and staff have adequate time and opportunity to conduct a study or studies and comprehensively analyze the adequacy of application criteria, standards, and other approval processes, procedures related to the issuance of said permits within the City of Edgewater. Accordingly, based upon the foregoing there is hereby imposed a temporary moratorium on the receipt and/or acting upon new applications for licenses relating to game rooms, arcades, dance halls, internet cafes and other similar indoor entertainment and indoor amusement type activities. During the time the temporary moratorium is in effect, the City will not process any applications for any new establishments or business or act on any pending applications for permits for such activities. It is unlawful for any person or entity to engage in the activities that are the subjects of the Ordinance without first obtaining a permit for such activities. During the period of time that the temporary moratorium is in Strike through passages are deleted. Underlined passages are added. 2 #2009-0-07 effect, the City shall not accept payments of the Business Tax Receipt or Certificate of Use for such new activities and shall return any funds accepted for pending applications. GEOGRAPHIC AREA COVERED. The temporary moratorium established in this Ordinance shall be effective in the corporate and municipal boundaries of the City of Edgewater. DURATION OF MORATORIUMIEXTENSION. (a) The temporary moratorium set forth in this Ordinance shall take effect immediately upon the effective date of this Ordinance and shall terminate (180) one hundred-eighty days after said effective date. The City will accept no applications or act on pending applications that are subject to the moratorium until the moratorium has expired. (b) The City Council may extend the temporary moratorium established in this Ordinance one (1) time for a period not to exceed one hundred-eighty (180) days upon a finding by the City Council set forth in the Ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist and that reasonable progress is being made in carrying out specific and prompt plan of corrective legislative action, but that additional time is reasonably needed to adequately address the issues facing the City. NOW, THEREFORE, be it enacted by the City Council of the City of Edgewater, Florida as follows: PART A. AN ORDINANCE OF THE CITY OF EDGEW A TER ESTABLISHING AN INTERIM MORATORIUM ON THE REVIEW AND ISSUANCE OF PERMITS, BUSINESS TAX RECEIPTS AND/OR CERTIFICATE OF USES FOR GAME ROOMS, ARCADES, DANCE HALLS, INTERNET CAFES, AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT ACTIVITIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. The City Council approves the temporary moratorium set forth in this Ordinance shall take effect immediately upon the effective date of this Ordinance and shall terminate (180) one hundred- Strike through passages are deleted. Underlined passages are added. 3 #2009-0-07 eighty days, unless an extension is provided by the City Council after said effective date. PART B. CONFLICTING PROVISIONS All conflicting ordinance and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. CODIFICATION Given the temporary nature and effect of this Ordinance, it is the intent of the City Council that this Ordinance not be codified. PART E. EFFECTIVE DATE This Ordinance shall take place immediately upon adoption. PART F. ADOPTION. During the October 19, 2009 Council meeting, a motion to approve was made by Councilwoman Rhodes with Second by Councilwoman Bennington. The vote on the first reading of this ordinance held on October 19,2009 is as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X Strike through passages are deleted. 4 Underlined passages are added. #2009-0-07 During the November 16, 2009 Council meeting, a motion to approve was made by Councilwoman Bennington with Second by Councilwoman Rhodes. The vote on the second reading of this ordinance held on November 16,2009 is as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X *** NOTE - Pursuant to Section 3.11(c) of the City Charter "...an ordinance or resolution is adopted when approved by the votes of three or more members of the city council." Therefore, this ordinance DID not pass! PASSED AND DULY ADOPTED this 16th day of November, 2009. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA ITYV\ N. I'V 1, ') 0f'l t5 P Bonnie Wenzel." .r....1 '''1'.:'' ~ Ci~'CI.er~(~ ". .', _:.;. ;i ....... ~l\.\~ .~~{ [.,-[l;,,' '.~.. ,,;..' ...... ~~.:.:...~.~~~:'II.'{ \ .-;.'~, 1" . ~. cJ'W"~"" . . ,.' (-.:s~';;;'''. '.<' .," .:f' t!l"'" ~;It ,.~~. i,- 'eo _" r ~" Ir~. ~~. . f Ii- ~~ ,. . '", ~t>'<I!'U Robin L. Matuslck Paralegal "... ) ~ '.. -; ;':"'. t -.:" , tf-"". ~ ~_ '".. -'r;'" " ~;, "''-'..lt4" ,,~. ,~.~. /.~ r'~ rr';'.~) t:*'i..;ft.,. -"" .' :.10;.,. I' J' For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of November, 2009 under Agenda Item No.8a.