2003-O-30
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"WIll
ORDINANCE NO. 2003-0-30
AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEW A TER, FLORIDA, IMPOSING A TEMPORARY
MORA TORIUM ON THE CONSIDERA TION AND
PERMITTING OF PRIVATE CLUBS, BILLIARDS, POOLS,
ELECTRONIC GAMES, GAME ROOMS, ARCADES, DANCE
HALLS AND SIMILAR INDOOR ENTERTAINMENT AND
AMUSEMENT FACILITIES PENDING THE
ESTABLISHMENT OF PERMITTING CRITERIA FOR SUCH
ACTIVITIES DURING THE MORATORIUM PERIOD;
PROVIDING FOR THE NON-ACCEPTANCE OF THE
OCCUPATIONAL LICENSE TAX RELATING TO SUCH
ACTIVITIES; PROVIDING THAT EXISTING BUSINESSES
WITH SUCH LICENSES SHALL NOT BE PERMITTED TO
MODIFY THEIR EXISTING BUSINESSES TO INCLUDE,
USE, HAVE OR ACCOMMODATE PUSH-BUTTON SLOT
MACHINES; PROVIDING FOR A PURPOSE AND
LEGISLATIVE FINDINGS, FOR GEOGRAPHIC AREA,
DURA TION OF MORA TORIUM AND EXTENSION
THEREOF AND PENAL TIES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR NON-CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is within the City's constitutional home rule power to provide municipal services
to our citizens, including regulation and licensing of certain businesses. 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.
2. City Council has learned of certain activities within the City limits that are being
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proposed or considered to be proposed or considered which activities would harm the City's
economic and tourism development activities, that would adversely impact significantly and
adversely affect the public health, safety, morals and welfare.
3. The City deems it necessary to the public's health, safety, morals and welfare to cause
a study to be accomplished relative to the criteria for issuance of permits for private clubs, billiards,
pools, electronic games, game rooms, arcades, dance halls and similar indoor entertainment and
amusement facilities, and to place a temporary moratorium on the issuance of permits and the receipt
of the occupational license tax for such activities until the study is completed and the permitting
criteria is established, or until the expiration of this Ordinance, whichever occurs first.
4. 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 ordinance or a land development regulation.
5. This Ordinance was enacted as an emergency ordinance by at least a two-thirds vote
of the City council in accordance with the provisions of Section 166.041(3)(b), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
SECTION 1. PURPOSE AND LEGISLATIVE FINDINGS.
The above recitals are hereby adopted as the legislative purposes of this Ordinance and as
the City Council's legislative findings.
SECTION 2. IMPOSITION OF A TEMPORARY MORA TORIUM UPON THE
CONSIDERATION AND PERMITTING OF PRIVATE CLUBS, BILLIARDS,
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POOLS, ELECTRONIC GAMES, GAME ROOMS, ARCADES, DANCE
HALLS AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT
FACILITIES.
All activities relating to the acceptance, review and action upon permit applications for private clubs,
billiards, pools, electronic games, game rooms, arcades, dance halls and similar indoor entertainment
and other indoor amusement facilities are temporarily suspended in order for the City of Edge water,
through its officials and staff, to have the adequate time and opportunity to conduct a study or studies
and comprehensively analyze the adequacy of application criteria, standards, and other approval
processes and procedures relating 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 of applications for licenses relating to private clubs, billiards, pools, electronic games, game
rooms, arcades, dance halls and similar indoor entertainment and other indoor amusement facilities.
During the time the temporary moratorium is in effect, no applications for permits for such activities
will be accepted by the City and no such new activities shall be permittable within the City. It is
unlawful for any person or entity to engage in the activities that are the subject of this Ordinance
without first obtaining a permit for such activity. During the period of time that the temporary
moratorium is in effect, the City shall not accept payment of the occupational license tax for such
activity.
SECTION 3. GEOGRAPHIC AREA.
The temporary moratorium established in this Ordinance shall be effective in the corporate
and municipal boundaries of the City of Edgewater.
SECTION 4. DURATION OF MORATORIUM/EXTENSION.
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The temporary moratorium set forth in this Ordinance shall take effect immediately upon the
effective date of this Ordinance and shall terminate six (6) months from the effective date. No
applications subject to the moratorium will be accepted by the City until the moratorium has expired.
City Council may extend the temporary moratorium established herein one (1) time for a
period not to exceed six (6) months upon the finding by 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 the specific and prompt plan of
corrective legislative action, but that additional time is reasonably needed to adequately address the
issues facing the City.
SECTION 5. NO MODIFICATION TO EXISTING BUSINESSES.
Notwithstanding any provision of the City Code or Charter, the City Council of the City of
Edgewater hereby prohibits businesses currently permitted from amending their current occupational
license or modify their businesses to include, use, have, accommodate or increase the push-button
slot machines already in the business.
SECTION 6. PENALTIES.
Any person, firm, corporation or agent who shall violate any provision of this Ordinance or
who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount
not to exceed five hundred dollars ($500.00) or be imprisoned for a period not to exceed sixty (60)
days. Either or both penalties may be imposed. Each day a violation occurs constitutes a separate
offense.
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Nothing herein contained shall prevent the City from taking such other lawful action
including, but not limited to, resort to equitable legal action as it deems necessary to prevent or
remedy any violation of this Ordinance.
SECTION 7. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
SECTION 8. SEVERABILITY AND APPLICABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this
Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
SECTION 9. NON-CODIFICATION.
Provisions of this emergency ordinance shall not be codified in the Code of Ordinances of
the City of Edgewater, Florida, but shall be filed with the City Clerk of Edgewater.
SECTION 10.
EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage adoption.
SECTION 11.
ADOPTION.
After Motion by Councilman Hammond and Second by Councilwoman Rhodes
the vote on the first reading/public hearing of this emergency ordinance held on November 17, 2003,
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was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 3ra- day of November, 2003.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY " GEWATER, FLORIDA
By 7
Donald A. Schmidt
Mayor
Robin L. Matuei k
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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