Ordinance 09-1895
~ EMERGENCY ORDINANCE No. 09-1895
AN EMERGENCY ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, DECLARING THA7C A PUBLIC EMERGENCY EXISTS
WHICH AFFECTS THE PUBLIC PEACE, LIFE AND SAFETY AS
DEFINED BY SECTION 3.12 OF THT±: LONGWOOD CITY CHARTER
AND SECTION 16'6.04(3)(B), FLORIDA STATUTES, ESTABLISHING A
TEMPORARY MORATORIUM ON Tl`iE REVIEW AND ISSUANCE OF
PERMITS FOR GAME ROI)MS, ARCADES, DANCE HALLS,
INTERNET CAFES, AND SIMH.~AR I]vDOOR ENTERTAINMENT AND
AMUSEMENT ACTIVITIES PENDING THE INVESTIGATION OF THE
PERMITTING CRITERIA OF SUCH ACTIVITIES; PROVIDING FOR
THE NON-ACCEPTANCE OF THE OCCUPATIONAL LICENSE TAX
RELATING 'I'O SUCH ACTIVITIES; PROVIDING FOR THE ADOPTION
OF LEGISLATIVE FINDINGS; PROVIDING FOR THE GEOGRAPHIC
AREA COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING FOR RE-ENACTMENT; PROVIDING
FOR PENALTIES; SEVERABILITY, CONFLICTS, NON-
CODIFICATION AND AN EFFECTIVE; DATE.
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WHEREAS, The Crty of Longwood, Flonda provides municipal services to its
~ citizens, including regulation and licensing o:f businesses; and
WHEREAS, the appropriate regulation, licensing and permitting of businesses
are vital to the public's health, safety, morals and v~~elfare as def dent or inadequate regulations
can lead to public harm; and
WHEREAS, The City Commission has learned of certain activities related to
"Adult Arcades" within the City of Longwood bevig proposed or considered which activities
would harm the City's economic and redeveloprnerit 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 illlegal activities; and
WHEREAS, The City Commission of the City of Longwood, Florida, deems it
necessary to the public's health, safety, morals and welfare to cause a study to be accomplished II
relative to the criteria for issuance of permits for game rooms, arcades, dance halls, Internet cafes i~
i
and similar indoor entertainment and amusement facilities, and to place a temporary moratorium
~ on the
issuance of permits and the receipt of the occ;upatic~nal license tax for such activities for a period
of ninety (90) days; and
WHEREAS, this Ordinance pertains to the regulation of conduct within structures
located within the City of Longwood in order to protect the public health, safety, morals and
welfare and is not a land use ordinance or a land dc;velopment regulation; and
WHEREAS, This Ordinance is enacted as an emergency ordinance under the provisions
of section 166.041(3)(li) Florida Statutes, and Section 3.12 of the Longwood City Charter and
has been enacted by at least four-fifths (4/5) vote of the City Commission and the City
Commission has determined that an emergency exists which affects the public peace, life, health
and safety pursuant to Section 3.12 of the Longwood City Code.
NOW THEREFORE, BE IN ENACTED BY THE PEOPLE OF THE CITY
OF LONGWOOD, FLORIDA:
SECTION 1. PURPOSE AND LEG][SLA7CIVE FINDINGS. The above recitals are
hereby adopted as the legislative purpose of tlus Ordinance and as the City Commission's
legislative findings.
SECTION 2. TEMP.ORA.RY MORATOF.IIJM UPON THE ISSUANCE OF GAME
ROOMS, ARCADES, DANCE HALLS, INTERrIET CAFES AND SIMILAR INDOOR
ENTERTAINMENT
AND AMUSEMENT ACTIVITY PERMITS. Ala activities relating to the acceptance, review
and action upon 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 Longwood 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
Longwood. Accordingly, based upon the foregoing there is hereby imposed a temporary
moratorium on the receipt and/or acting upon 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 accept no applications or act
on any pending applications for permits for such activities and no such new activities shall be
perniittable within the City. I.t 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 effect, the City shall not accept payments of
the
occupational license tax for such activities and shall return any funds accepted for pending
applications.
SECTION 3. GEOGRAPHIC AREA COVIERED. The temporary moratorium
established in this Ordinance shall be effective in the corporate and municipal boundaries of the
City of Longwood.
SECTION 4. DURATION OF MORATOR[UM/EXTENSION.
(a) The temporary moratorium set forth in this Ordinance shall take effect immediately
upon the effective date of this Ordinance and shall terminate (90) ninety days after
said effective date. The City will accept no applications or act on pending
applications which are subject to the moratorium until the moratorium has expired.
(b) The city Commission may extend the temporary moratorium established in this
Ordinance one (1) time for a period not to exceed ninety (90) days upon a fording
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 is being made in carryin, out 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. RE-ENACTMENT. It is the intent of the City Commission that
this Ordinance be re-enacted as anon-emergency ordinance.
SECTION 6. 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 nc?t exceeding sixty (60) days. Either or both
penalties may be imposed. Each day during which 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, re:;ort to equitable legal action, as it deems
necessary to prevent or remedy any violation of this.Ordinance.
SECTION 7. SEVERA]BILITY. 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 8. CONFLICTS. All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 9. CODIFI[CAT~[ON. Given the temporary nature and effect
of this Ordinance, it is the invent of the City Commission that this Ordinance not be codified.
SECTION 10. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon passage and adoption.
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:PASSED AND ADOPTED this ~ day of June, 2009.
CITY CONIlVIISSION OF THE CITY
OF LONCrWOOD, FLORIDA
~
Ha od G. Bundy, Jr., N~ o
Attest:
Sarah M. Nlrus, NIlVIC, NIB City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Teresa S. Roper, City Attorney