AGENDA MEMORANDUM

 

 

MEETING DATE:   October 24, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Resolution extending the moratorium on internet sweepstakes café-type businesses for ninety days or until amendments to address protection of

                                    the public and other criteria are developed by staff

.

 

Staff Recommendation

Staff recommends approval of extending the 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 these businesses have on site as shown by the September 4, 2011 armed robbery of a Clermont internet café. 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 needs additional time to research and prepare the necessary amendments to the internet sweepstakes café-type businesses regulations which will be heard by the Planning Commission on November 17, 2011 and the City Commission on November 28 and December 14, 2011; staff is requesting the referenced moratorium extension for ninety days.

 

Options         

1.         Approve the Resolution for a ninety day extension of the 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:    10/18/11 9:25 AM____

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._______________

 

RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, EXTENDING THE MORATORIUM IMPOSED BY RESOLUTION 8847 ON THE ISSUANCE OF ANY CITY APPROVAL OF LAND USE CHANGE, BUSINESS TAX RECEIPT, BUILDING AND FIRE PERMIT, SITE PLAN OR OTHER AUTHORIZATION FOR ANY INTERNET SWEEPSTAKES/ REDEMPTION CAFÉ-TYPE OF BUSINESSES FOR A PERIOD OF NINETY DAYS OR UNTIL AMENDMENTS ARE DEVELOPED 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 as shown by September 4, 2011 armed robbery of a Clermont internet café 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.,

 

WHEREAS, a continuation of the temporary moratorium is required to preserve the status quo while the City develops and implements regulations pertaining to such activities, minimizing the potential negative impacts and secondary effects on abutting properties, property values, community and neighborhood preservation, and possible harm to the City’s economic and redevelopment activities; and to prevent the possible creation of nuisance properties, increased crime, or other significant and adverse effects on the public health, safety, morals and welfare of the citizens of the City of Leesburg, and,

 

WHEREAS, based on the foregoing, the City Commission has determined that the problems giving rise to the need for the temporary moratorium continue to exist and that reasonable progress is being made in carrying out a specific and prompt plan of corrective action and that additional time is needed to adequately address the issues,

 

 

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

 

THAT the City Commission hereby adopts an extension of the moratorium until February 9, 2012 on any authorization or approval for new internet sweepstakes café-type businesses for a period of an additional ninety 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 continue formulating such new regulations as expeditiously as possible, and within the ninety 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 24th day of October, 2011.

 

                                                           

 

THE CITY OF LEESBURG, FLORIDA

 

BY: _________________________________

Mayor

ATTEST:

 

 

                                                            _____

City Clerk