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R-09-1629CITY OF CLERMONT RESOLUTION NO. 1629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO OPERATE A SWEEPSTAKES AND INTERNET GAMING OPERATION IN CONJUNCTION WITH A RETAIL PRE-PAID PHONE CARD SALE5 OPERATION. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 6, 2009 recommended for approval of this Conditional Use Permit to operate a sweepstakes and internet gaming operation in conjunction with a retail pre- paid phone card sales operation; at the following location: LOCATION: 761 State Road 50 (west of U.S. 27 and McDonalds in the Walgreens plaza) The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake County, Florida to grant this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida that: This application for a Conditional Use Permit to operate a sweepstakes and internet gaming operation in conjunction with a retail pre-paid phone card sales operation; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. The structure shall be inspected by the Fire Marshal for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. CITY OF CLERMONT RESOLUTION NO. 1629 5. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by Resolution. 8. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 9. No business can occupy any portion of the building(s) after construction and final Certificate of Occupancy, unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 10. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 11. Should the operation of the use become an infringement upon the other business within the plaza, the city reserves the right to reopen the CUP for additional review and conditions or revocation. 12. Should this use cease operation for more than 180 days, a new CUP shall be required for a same or similar operation. 13. In the event that it is determined by the City that problems related to insufficient parking occur, the City may bring the CUP back before the City Council for additional review and conditions. 14. The use permitted hereunder shall at all times comply with all applicable laws and regulations. No approval granted hereunder shall be deemed or construed as a waiver by the City or any other jurisdiction to enforce any applicable laws. Section 2 -Land Use 1. 761 S.R. 50 may be used as a sweepstakes and Internet gaming operation in conjunction with a retail pre-paid phone card sales operation, and limited to 35 terminals. 2. Hours of operation: 10:00 AM to 11:00 P.M. 2 CITY OF CLERMONT RESOLUTION NO. 1629 DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 27th DAY OF OCTOBER, 2009. ATTEST: Tracy Ackroyd, City Clerk arold S. Turville, Jr., Mayor 3