2011-07-M CITY OF CLERMOIVT
ORDINANCE No. 2011 -07 -M
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, IMPOSING A TEMPORARY
MORATORIUM FOR TWO - HUNDRED AND SEVENTY (270) DAYS ON
THE ISSUANCE OF ANY BUSINESS TAX RECEIPT, PERMIT,
CONDITIONAL USE APPROVAL, SITE PLAN APPROVAL, AND ANY
OTHER OFFICIAL ACTION OF THE CITY OF CLERMONT HAVING THE
EFFECT OF PERMITTING OR ALLOWING CONSTRUCTION AND /OR
OPERATIONS OF CERTAIN BUSINESSES WITHIN THE CITY OF
CLERMONT, RELATED TO GAME ROOMS, ARCADES, INTERNET
CAFES, SWEEPSTAKES REDEMPTION CENTERS, ESTABLISHMENTS
USING SLOT MACHINES OR SLOT MACHINE LIKE EQUIPMENT AND
SIMILAR ENTERTAINMENT AND AMUSEMENT ACTIVITIES AS MORE
SPECIFICALLY DESCRIBED IN THIS ORDINANCE, EXCLUDING
APPROVALS AND PERMITS FOR THE CONTINUANCE OF AN EXISTING
BUSINESS; THE TEMPORARY MORATORIUM SHALL APPLY TO ALL
REAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF
THE CITY OF CLERMONT; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021(1), Florida Statutes, the City of Clermont, Florida, a municipal
corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct
municipal government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of each
municipality in the state has the power to enact legislation concerning any subject matter upon which
the state legislature may act, except when expressly prohibited by law; and
WHEREAS, 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; and
WHEREAS, the City Council has learned of certain activities related to game rooms,
arcades, internet cafes, sweepstakes redemption centers, establishments using slot machines or slot
machine like equipment and similar entertainment and amusement activities within the City of
Clermont being proposed or considered, which activities would harm the City's economic and
redevelopment activities and otherwise significantly and adversely affect the public health, safety,
morals and welfare, since said activities may include forms of gaming or gambling which could lead
to illegal activities; and
1
CITY OF CLERMONT
ORDINANCE No. 2011 -07 -M
WHEREAS, the City Council of the City of Clermont, Florida, 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 game rooms, arcades, internet cafes, sweepstakes redemption centers,
establishments using slot machines or slot machine like equipment and similar entertainment and
amusement facilities, and to place a temporary moratorium on the issuance of permits and the receipt
of the business tax for such activities for a period of two hundred and seventy (270) days; and
WHEREAS, the City Council, after holding a public hearing, finds that it is appropriate to
impose a temporary moratorium on the licensing and permitting of certain activities related to game
rooms, arcades, internet cafes, sweepstakes redemption centers establishments using slot machines or
slot machine like equipment, and similar entertainment and amusement facilities; and
WHEREAS, public hearings were held pursuant to the required published notices at which
hearings the parties in interest and all others had an opportunity to be and were, in fact, heard; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Lake
County, Florida, as follows:
SECTION 1. Purpose and Legislative Findings.
The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the City
Council's legislative findings.
SECTION 2. Temporary Moratorium Upon the Issuance of Game Rooms, Arcades, Internet Cafes,
Sweepstakes, Redemption Centers, Establishments Using Slot Machines or Slot
Machine Like Equipment and Similar Entertainment and Amusement Activity
Permits.
(a) All activities relating to the acceptance, review and action upon permit applications
for game rooms, arcades, internet cafes, sweepstakes redemption centers,
establishments using slot machines or slot machine like equipment and similar
entertainment and amusement facilities are temporarily suspended in order for the
City of Clermont, 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 Clermont. Accordingly,
based upon the foregoing, there is hereby imposed a temporary moratorium on the
receipt and/or acting upon applications for licenses related to game rooms, arcades,
internet cafes, sweepstakes redemption centers, establishments using slot machines or
slot machine like equipment and similar entertainment and amusement type
activities.
(b) During the time the temporary moratorium is in effect, the City will accept no
applications or act on any pending applications for permits or business tax receipts for
such activities and no such new activities shall be permittable within the City. It is
2
CITY OF CLERMONT
ORDINANCE No. 2011 -07 -M
unlawful for any person or entity to engage in the activities that are the subjects of the
Ordinance without first obtaining a business tax receipt or permit for such activities.
During the period of time that the temporary moratorium is in effect, the City shall not
accept payments of the business tax for such activities and shall return any funds
accepted for pending applications.
SECTION 3. Imposition of Moratorium.
(a) The temporary moratorium set forth in this Ordinance shall take effect immediately
upon the effective date of this Ordinance and shall terminate two hundred and seventy
(270) 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 Council may extend the temporary moratorium established in this ordinance
one (1) time for a period not to exceed ninety (90) days upon a finding by the 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 a specific and prompt plan of corrective
legislative action, but that additional time is reasonably needed to adequately address
the issues facing the City.
SECTION 4. Penalties.
Violations of this ordinance are punishable as provided by section 1 -15 of the Clermont City Code or
by any other method as provided by law,
SECTION 5. Expiration of Temporary Moratorium.
The temporary moratorium imposed by sections 2 and 3 of this Ordinance expires as of the earliest of
the following occurrences:
(a) December 5, 2011; or
(b) The effective date of an Ordinance repealing this Ordinance after the City Council
has considered adopting regulations and restrictions related to game rooms,
arcades, internet cafes, sweepstakes, redemption centers, establishments using slot
machines or slot machine like equipment and similar entertainment and amusement
activity.
SECTION 6. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
3
CITY OF CLERMONT
ORDINANCE No. 2011 -07 -M
and such holding shall not affect the validity of the remaining portions thereof.
SECTION 7. Conflict.
All codes and ordinances of the City in conflict herewith are hereby repealed to the extent of the
conflict.
SECTION 8. Effective Date.
This Ordinance shall be published as provided by law and shall become law and shall take effect on
the date of its Second Reading and Final Passage.
4
CITY OF CLERMONT
• ORDINANCE No. 2011 -07 -M
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 8 day of March 2011.
CITY OF CLERMONT
d S. Turville, Jr., Mayor
Attest:
// /
Atier
Tracy, Ac • yd, City Cler'
\, ,0Lteae1S eec
• • , ! AS R,
.
, ( .J
f
Vy . 11.s,
5