3818OP INANCE NO. /
AN ORDINANCE OF THE CITY OF SANFORD,
FLORIDA, ESTABLISHTNG A TEMPORARY
MORATORIUM ON THE CONSIDERATION AND
ISSUANCE OF PERMITS FOR GAME ROOMS,
ARCADES, DANCE HALLS, AND SIMILAR
INDOOR ENTERTAINMENT AND AMUSEMENT
ACTIVITIES PENDING THE iNITIATION OF
THE PERMITTING CRITERIA OF SUCH
ACTIVITIES; PROVIDING FOR THE NON-
ACCEPTANCE OF THE OCCUPATIONAL
LICENSE TAX RELATING TO SUCH
ACTIVITIES~ PROVIDINGFOR THE ADOPTION
OF LEGISLATIVE FINDINGS; PROVIDING FOR
GEOGRAPHIC AREA COVERED~ PROVIDING
FOR THE DURATION OF MORATORIUM;
PROVIDINGFOR RE-ENACTMENT; PROVDING
FOR PENALTIES, SEVERABILITY, CONFLICTS,
NON-CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City of Sanford, Florida, provides municipal se~Mces to its citizens,
including regulation and licensing of certain businesses; and
W][tEREAS, 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
harms; and
WltEREAS, the City Commission has learned of certain activities within the City of Sanford
being proposed or considered which activities would harm the City's economic and tourism
development activities, the protection of the City's Historic District activities, and otherwise
significantly and adversely affect the public health, safety, morals and welfare; and
WHEREAS, the City Commission of the City of Sanford, Florida, deems it necessary to the
public's health, safety, morals and welfare to cause a study to be accomplished relative to the criteria
Page I
for issuance of permits for 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, or until the expiration
of this Ordinance, whichever occurs first; and
WHEREAS, this Ordinance pertains to the regulation of conduct within structures located
within the City of Sanford in order to protect the public health, safety, morals and welfare and is not
a land use ordinance or a land development regulation; and
WHEREAS, on August 29, 2003 the City Commission enacted Emergency Ordinance
Number 3809 under the provisions of Section 166.041(3)(b), Florida Statutes, and the City
Commission hereby ratifies and affirms said action.
NOW, THEREFORE, BE IN ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. PURPOSE AND LEGISLATIVE FINDINGS. The above recitals are
hereby adopted as the legislative purpose of this Ordinance and as the City Commission's legislative
findings.
SECTION 2. TEMPORARY MORATORIUM UPON THE ISSUANCE OF GAME
ROOMS, ARCADES, DANCE HALLS AND SIMILAR INDOOR ENTERTAINMENT AND
AMUSEMENT ACTIVITY PERMITS. All activities relating to the acceptance, review and
action upon permit applications for game rooms, arcades, dance halls and similar indoor entertainment
and other indoor amusement activities are temporarily suspended in order for the City of Sanford
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
Page 2
processes, procedures related to the issuance of said permits within the City of Sanford. Accordingly,
based upon the foregoing, there is hereby imposed a temporary moratorium on the receipt of
applications for licenses relating to game rooms, arcades, dance halls and other similar indoor
entertainment and indoor amusement type activities. 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 activities.
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 activities.
SECTION 3. GEOGRAPHIC AREA COVERED. The temporary moratorium
established in this Ordinance shall be effective in the corporate and municipal boundaries of the City
of Sanford
SECTION 4. DURATION OF MORATORIUM/EXTENSION.
(a) The temporary moratorium set forth in this Ordinance shall take effect immediately upon
the effective date of this Ordinance and shall terminate ninety (90) days after the said effective date.
No applications subject to the moratorium will be accepted by the City until the moratorium has
expired.
(b) The City Commission may extend the temporary moratorium established in this Ordinance
by enactment of an ordinance one (1) time for a period not to exceed ninety (90) days upon a finding
by the City Commission 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 in being
made in carrying out the specific and prompt plan of corrective legislative action, but that additional
Page 3
time is reasonably needed to adequately address the issues facing the City.
SECTION 5. PENALTIES.
(a) 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 exceeding five hundred dollars ($500.00) or be imprisoned for a period not
exceeding sixty (60) days. Either or both penalties may be imposed. Each day during that any
violation occurs constitutes a separate offense.
(b) 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 6. SEVER_ABILITY. If any section or portion of a section of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or
effect of any other section or part of this Ordinance.
SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith be
and the same are hereby revoked.
SECTION 8. CODIFICATION. Given the temporary nature and effect of this Ordinance,
it is the intent of the City Commission that this Ordinance not be codified.
SECTION 9. EFFECTIVE DATE. That this Ordinance shall become effective immediately
upon passage and adoption.
Page 4
PASSED and ADOPTED this
Attest:
~ City Clerk
day of o~v ....... r, 2003.
City Commission of the City of
Sanford, Florida
Mayor Brady L~ssa"~d-
CERTIFICATE
I, ~ City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3818, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the .~--'7 day of
~._~c_~-.~ , 2003, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the .~' day of ~-c_~-~'cz~.-~ ., 2003.
As th'cCCit~ Clerk~of the City
of Sanford, Florida
Ordinan~e~Ne. 3818