48-11 Extend moratorium on Sweepstakes Gaming Cafes

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SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is nec- essary for the immediate preservation of the public property health and safety and to pro- vide for the usual daily operation of municipal deparhnents in that Internet Cafes, Sweep- stakes Gaming Cafes and/or Computer Game Centers are opening across the greater Cleveland area, the extended moratorium expires on or about October 18, 2011, and due to the negative impact on surrounding neighborhoods, this moratorium is necessary to protect those neighborhoods until further review of criminal and zoning codes can be conducted; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby extends the moratorium enacted by Ord. 72-10 and Ord. 11-11 on the granting of permits to operate an Internet Cafe, Sweepstakes Gaming Cafe or Computer Game Center in order to allow Council and the Lakewood Planning Commission to continue to review applicable case law, state code, criminal codes and the Lakewood Zoning Code relative to these establishments. Section 2. For the purpose of this ordinance, "Internet Cafe" or "Sweepstakes Gaming Cafe" or "Computer Game Center" shall have the same definitions as those found in Ord. 72-1Q effective October 20, 2010. Section 3. No occupancy permits or any other permits shall be granted to a business owner who intends to open or devote any floor area of the business to an Inter- net Cafe, Sweepstakes Gaming Cafe or Computer Game Center for the period of this moratorium. No valid existing business in the City may add any devices to the business which would establish an Internet Cafe or Sweepstakes Gaming Cafe or Computer Game Center within the existing business for the duration of the moratorium. Section 4. The moratorium shall be in effect for a period of six (6) months from October 18, 2011 or until changes are enacted to amend the Codified Ordinances of the City of Lakewood to address these issues or until Council approves legislation explic- itlyrevoking this moratorium, whichever is first. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five (5) members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or oth- erwise shall take effect and be in force after the earliest period allowed by law. Section 6. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.