Loading...
HomeMy WebLinkAbout4233 Internet Cafe MoratoriumOrdinance No. 2011- 4233 An ordinance of the City of Sanford, Florida relating to the imposition of a temporary moratorium as to the filing and /or receiving of any application for, or land use and building approvals (development orders or development permits) of, arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses until October 1, 2011; providing for legislative findings; providing for a definition; providing for enforcement and penalties; providing for exceptions; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability; providing for instructions relative to codification and providing for an effective date with a sunset date and a method of potential extension. Whereas, the City of Sanford is vested with home rule authority pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, as well as other controlling law to enact ordinances; and Whereas, there has been a recent interest in the development of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, within the City of Sanford and areas proximate to the City of Sanford; and Whereas, Section 5.1 of the Seminole County Home Rule Charter which provides as follows: Casino Gambling. A. Reservation of Power by the Electorate. The citizens of Seminole County reserve to themselves the power to approve or disapprove casino gambling of any nature within the boundaries of the County. Therefore, if and when casino gambling becomes lawful under the Constitution and laws of the State of Florida, no action may be taken by the Board of County Commissioners, by the governing body of any municipality, or by any elected or appointed officials or employees of either the County or any municipality the effect of which is to authorize, to approve, or in any manner to allow casino gambling to occur anywhere in the County unless and until casino gambling in the County is first authorized by an approving vote of a majority of the qualified electors residing in the County and voting on the question at a 1 I Page referendum separate and apart from any other referendum, statewide or otherwise, on the question. B. Definition. The term "casino gambling" means "playing or engaging in any game of chance for money or any other thing of value, regardless of how such game is named, labeled or otherwise characterized, which game was unlawful under the Constitution or laws of the State of Florida as of July 1, 1996 ". C. Referendum. At any primary, special or general election, the Board of County Commissioners may offer to the electorate, and upon a petition from the governing body of a municipality in the County, the Board shall offer as soon as practical to the electorate, the question of whether casino gambling should be authorized in the County. Upon approval of the question at referendum, the County and any municipality may thereafter allow casino gambling, to the extent lawful under the Constitution and laws of the State of Florida and, at the option of the Board, this section may then be deleted from this Charter. If the question is disapproved at referendum, it may be offered to the electorate again from time to time, but in no case more frequently than once in any period of twenty -four (24) months. D. Enforcement. The restrictions in this section may be enforced by the County, by any municipality in the County, or by any persons substantially affected by any violation thereof. E. Municipal Referenda Not Prohibited. Nothing in this section prohibits any municipality in the County, whether by charter or municipal ordinance, from likewise requiring approval by its voters at referendum before casino gambling may be allowed within the boundaries of the municipality, but any such referendum requirement shall be in addition to, not in substitution of, the referendum approval required by this section. Moreover, Section 1.4 of the Seminole County Home Rule Charter provides, with regard to the relation between County ordinances and municipal ordinances, that: Except as otherwise provided by this Charter, municipal ordinances shall prevail over County ordinances to the extent of any conflict. ; and Whereas, the Board of County Commissioners of Seminole County enacted Ordinance Number 2011 -1 in an attempt to deal, on a Countywide basis, with the 21Page problems that are articulated in this Ordinance, generally, and simulated slot machines, specifically; and Whereas, the City Commission of the City of Sanford supports the efforts and actions of the Board of County Commissioners of Seminole County in enacting Ordinance Number 2011 -1; and Whereas, the City Commission of the City of Sanford has acted relative to land uses that are generally known as "adult arcades" by enacting Section 17.0, Schedule E, Part I II (Land Development Regulations), of the City Code of the City of Sanford; and Whereas, it is not the desire or intent of the City Commission of the City of Sanford to conflict in any way with any legislative or regulatory action of Seminole County government, but the recent decision of United States District Judge John Antoon in the case styled Allied Veterans Of The World, Inc.: Affiliate 67, Allied Veterans Of The World, Inc.: Affiliate 74 v. Seminole County, Florida (Case No. 6:11 -Cv-1 55-Orl-28dab), United States District Court, Middle District of Florida, Orlando Division, has placed the regulatory authority of Seminole County in doubt; and Whereas, moreover the actions of the City Commission of the City of Sanford relative to the land development regulations which it enacted with regard to "adult arcades" in Section 17.0, Schedule E, Part III (Land Development Regulations), of the City Code of the City of Sanford now may be a matter of dispute and controversy; and Whereas, Judge Antoon ordered that "Seminole County and officers, agents, servants, and employees, and those persons in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise, are hereby enjoined from directly or indirectly enforcing Ordinance 2011 -1 "; and 31Page Whereas, to further exacerbate the questions poised to the City Commission of the City of Sanford resulting from the decision of Judge Antoon, the City of Sanford has previously issued a final decision that was unappealed involving Allied Veterans Of The World, Inc and the lawful uses which that organization may engage in within the jurisdictional limits of the City of Sanford; and Whereas, the negative impacts associated with the development of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, create an urgent situation necessitating immediate investigation into regulation of simulated gaming devices in the City; and Whereas, Judge Antoon's order has resulted in the City of Sanford requiring necessary time to accomplish requisite studies and evaluations in order to appropriately develop any necessary regulations and ordinances that may be required to protect the public health, safety, moral and welfare in address the issues and problems that are the subject of this Ordinance; and Whereas, the City Commission of the City of Sanford enacts this Ordinance to ensure that the high quality of life available to citizens of the City and the County is protected and maintained; and Whereas, the City Commission of the City of Sanford enacts this Ordinance as part of its continuing effort to maintain a high quality of life within the City of Sanford as well as to protect the public health, safety, morals and welfare in accordance with the police and home rule powers of the City of Sanford as a Florida municipality. 41Page Whereas, under its home rule authority, the City can pass additional legislation to further regulate arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, as long as these additional regulations are not preempted by Federal or Florida law and are not inconsistent with the statutory provisions; and Whereas, the City of Sanford Chief of Police and others have made the City Commission aware of the adverse public impacts resulting from arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices; and Whereas, City staff is in the process of analyzing the effects of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, and preparing land development regulations and other codal provisions which will better promote the health, safety, morals and general welfare of the City; and Whereas, the City Commission of the City of Sanford has determined that a temporary moratorium on the development of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, will provide interim oversight of the proliferation of these establishments and, on an interim basis, stop the adverse affects of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices; and Whereas, the City Commission finds it is in the best interest of the citizens of the City to minimize and control the adverse effects of arcades (video or otherwise), 51Page internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life and preserve property values by adopting appropriate regulations regulating arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices; and Whereas, the City Commission of the City of Sanford hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Sanford. Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida: Section 1. Legislative Findings. A new section of the City Code of the City of Sanford is created to read as follows: (a). The City staff report and City Commission agenda memorandum relating to this matter are hereby adopted as if fully set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). The findings set forth in Seminole County Ordinance Number 2011 -1 are hereby adopted. (d). The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Commission of the City of Sanford and incorporated into this Ordinance as if set forth in haec verbs. Section 2. Temporary Moratorium Upon Arcades (Video Or Otherwise), Internet Cafes, Sweepstake Redemption Centers And Any And All Similar Uses. A new section of the City Code of the City of Sanford is created to read as follows: 61Page (a). All activities relating to the acceptance, review and action upon land use, development, and building applications related to arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, are temporarily suspended in order for the City of Sanford, through its officials and staff, to have adequate time and opportunity to conduct a study or studies and comprehensively analyze the adequacy of application criteria, standards, and other approved processes and procedures related to the issuance of said permits within the City of Sanford. (b). Accordingly, there is hereby established and imposed a temporary moratorium on the receipt and /or acting upon applications for any and all land use approvals, building permits and development permits and orders related to arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, until October 1, 2011 in order to permit the City to research the nature and scope of possible measures of mitigation and regulation of pain management clinics. (c). During the time the temporary moratorium is in effect, the City will not accept any applications or act on any pending applications for any land use approvals, building permits or any development permits or orders related to arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, and no arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, shall be permitted within the City. 71Page (d). It is prohibited and unlawful for any person or entity to own or operate arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, in violation of the moratorium enacted by this Ordinance. Any person or entity owning or operating arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, in violation of this Ordinance shall be subject to code enforcement activities by the City using any and all legal remedies and processes that are available to the City and the City Manager is hereby authorized to instruct the City Attorney to file such legal actions and lawsuits as may be appropriate in the judgment of the City Manager after consultation with the City Attorney. Section 3. Existing Businesses. A new section of the City Code of the City of Sanford is created to read as follows: This moratorium shall not affect any business lawfully operating within the City pursuant to valid permits and approvals if in compliance with all applicable City, Seminole County, State and Federal laws, codes, ordinances, rules, regulations and policies. Section 4. Savings. The prior actions of the City of Sanford relating to the regulation of arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, are hereby ratified and affirmed. 81Page Section 5. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 7. Codification. The provisions of this Ordinance shall not become and be made a part of the Code of Ordinances of the City of Sanford, Florida. Section 8. Effective Date; Sunset Date; Potential Extension Of Time. (a). This Ordinance shall become effective immediately upon enactment by the City Commission. (b). This Ordinance shall automatically sunset on October 1, 2011, unless otherwise reaffirmed or amended by the City Commission prior to that date. (c). Notwithstanding the time limit on the moratorium herein established, in the event the City Commission finds that additional time is needed for staff to conclude its review of the problems associated with arcades (video or otherwise), internet cafes, sweepstake redemption centers and any and all similar uses, such as simulated slot machines and like devices, within the City and for the drafting of regulations of those 91Page businesses, then the term of this Ordinance may be extended by the City Commission for an additional ninety (90) days by adoption of a resolution. Passed and adopted this 14 day of March, 2011. City Commiss of the City of Sanford, Flori Approved as to form and leaaftufficiencv U i L C lbert,.C�y dl /V - *�h 101Page