28-12 Moratorium on Internet & Sweepstakes Gaming Cafes

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WHEREAS, this Council by a vote of at least five (5) members thereof deter- mines that this ordinance is an emergency measure and that this ordinance shall take ef- fect at the earliest date possible as set forth in ARTICLE III, SECTIONS 10 and 13 of the 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 departments 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 April 18, 2012, and due to the negative impact on surrounding neighborhoods, this moratorium is necessary to pro- tect those neighborhoods until further review of criminal and zoning codes can be con- ducted;now,therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby extends the moratorium enacted by Ord. 72-10, Ord. 11-11 and Ord. 48-11 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 busi- ness owner who intends to open or devote any floor area of the business to an Internet Cafe, Sweepstakes Gaming Cafe or Computer Game Center for the period of this morato- rium. 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 April 18, 2012 or until changes are enacted to amend the Codified Ordinances of the City of Lakewood to address these issues or until Council approves legislation explicitly re- voking this moratorium, whichever is first. Section 5. This ordinance is hereby declared to be an emergency measure neces- sary for the immediate preservation of the public peace, property, health, safety and wel- fare 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 im- mediately upon its adoption by the Council and approval by the Mayor, or otherwise 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 con- cerning and relating to the passage of this ordinance were adopted in an open meeting of