AGENDA MEMORANDUM

MEETING DATE:   May 9, 2011

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Resolution adopting a moratorium on internet sweepstakes café-type businesses for a one hundred and twenty days or until amendments to address protection of the public and other criteria are developed by staff

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Staff Recommendation

Staff recommends approval of the one hundred and twenty day moratorium on internet sweepstakes café-type businesses.

Analysis

Recent violent crimes associated with internet sweepstakes café-type businesses are on the rise due to the economy and the large amount of cash that these businesses have on site. In addition, gambling addictions are impacting our low income and senior citizens in the community as a result of internet sweepstakes café-type businesses, therefore staff recommends amending the internet sweepstakes café-type businesses regulations to better address these issues. Because staff will need time to research and prepare the necessary amendments to the internet sweepstakes café-type businesses regulations, we are requesting the referenced moratorium.

Options         

1.         Approve the Resolution for a moratorium on internet sweepstakes café-type businesses

2.         Other such action as the Commission may deem appropriate.

Fiscal Impact

There is no fiscal impact to the City with this action.

Submission Date and Time:    5/6/11 3:38 PM____

Department: Community Development Prepared by:  Bill Wiley, AICP Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ___Yes___ Finance  Dept. __________________                                    Deputy C.M. ______ _________                                           Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ADOPTING A MORATORIUM ON THE ISSUANCE OF ANY LAND USE CHANGE, LICENSE OR OTHER AUTHORIZATION FOR ANY INTERNET SWEEPSTAKES CAFÉ-TYPE OF BUSINESSES FOR A PERIOD OF ONE HUNDRED AND TWENTY DAYS OR UNTIL AMENDMENTS TO ADDRESS PROTECTION TO THE PUBLIC AND OTHER CRITERIA; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Leesburg desires to promote business activity within the City; and

WHEREAS, the City of Leesburg is aware of recent violent crimes associated with internet sweepstakes café-type businesses and,

WHEREAS, the City of Leesburg is committed to promoting healthy family oriented business activity within the City; and

WHEREAS, the City of Leesburg is concerned that internet sweepstakes café-type businesses have been documented by the Florida Council on Compulsive Gambling to create gambling problems for the public that are losing control and losing significant amounts of money as demonstrated though statistics showing that patrons are 19% retired, 25% were either unemployed or disabled, 35% had committed illegal acts to finance their gambling, 92% were suffering from depression and 18% had serious suicidal indications, and 35% were older adults 55 years of age or older; and

WHEREAS, the City Commission desires to amend its internet sweepstakes café-type business regulations to protect the public from the problems associated with gambling and violent crimes and,

WHEREAS, the City Commission realizes that staff will need time to research and prepare the necessary amendments to the internet sweepstakes café-type business regulations.,

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

THAT the City Commission hereby adopts a moratorium on any authorization or approval for new internet sweepstakes café-type businesses for a period of one hundred and twenty days, or until amendments to address protection of the public and other criteria are developed by staff for consideration of the City Commission, whichever is greater. City staff is directed to formulate such new regulations as expeditiously as possible, and within the one hundred and twenty days provided herein if possible.

THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 9^th day of May, 2011.

THE CITY OF LEESBURG, FLORIDA

BY: _________________________________

Mayor

ATTEST:

City Clerk