8648-13 Moratorium on licensing businesses under mortgage loan law or small loan law

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REFERRED TO THE COMP4ITTEE OF THE TdHOLE 9/1$1:3. RESOLUTION NO. $648-r3 $y. Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to impose a moratorium on the granting of permits to op- erate businesses licensed under Ohio's Mortgage Loan Law or Small Loan Law fora pe- riod not to exceed six months fi•om the effective date of this resolution in order to allow Council and the Lakewood Plamring Commission to review applicable litigation, case law, Ohio statute, criminal codes and the Lakewood Zoning Code relative to these estab- lishrnents. WHEREAS, the law in Ohio involving businesses licensed under Ohio's Mort- gage Loan Law, Rev. Code §§ 1321.51 to 1321.60, and Small Loan Law, Rev. Code §§ 1321.01 to 1321.19, is in a state of uncertainty, as the Ninth District Court of Appeals has recently held that such businesses run afoul of the Ohio's Short-Tenn Loan Law, Rev. Code §§ 1321.35 to 1321.48, when they make short-term loans but are not properly li- censed under the Short-Tenn Loan Law; and WHEREAS, pursuant to Rev. Code § 1321.99(G), it is a crime to violate the pro- visions of the Short-Term Loan Law; and WHEREAS, the Ohio Supreme Court is expected to accept jurisdiction to hear an appeal of the Ninth District Cow•t of Appeals' ruling, lending greater uncertainty to the state of the law in this area until the matter is resolved; and WHEREAS, as such, Council and the Planning Commission require additional time to undertake a review of all applicable litigation, case law and codes statewide to ensure any business operating under the Mortgage Loan Law and Small Loan Law is not operating a criminal enterprise; and WHEREAS, pursuant to the Constitution of the State of Ohio acrd the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including reshicting areas used for businesses and trades; and WHEREAS, this Council by a vote of at least five members thereof determines that this resolution is an emergency measure, that this resolution shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preserva- timr of the public property health and safety and to provide for the usual daily operation of municipal departments in that the affected businesses are able to apply for a permit