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

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immediately notwithstanding the potential application of criminal and zoning codes; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby imposes a moratorium on the granting of permits to operate businesses licensed under Ohio's Mortgage Loan Law or Small Loan Law for a period not to exceed six months from the effective date of this resolution in order to allow Council and the Lakewood Planning Commission to continue to review applicable litiga- tion, case law, state code, criminal codes and the Lakewood Zoning Code relative to these establislnnents. Section 2. For the purpose of this resolution, businesses licensed under Ohio's Mortgage Loan Law or Small Loan Law shall mean those defined in Rev. Code §§ 1321.51 to 1321.60 and Rev. Code §§ 1321.01 to 1321.19, but not those businesses that are chartered under Ohio law, the law of another state, or federal law as a bank, savings bank, riust company, savings and loan association or credit union, or a subsidiary of any of those depository institutions if the subsidiary is regulated by a federal barrking agency and is owned and controlled by the depository institution. 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 a business li- censedunder Ohio's Mortgage Loan Law or Small Loan Law for the period of this mora- torium. No valid existing business in the City may expand in any. way that would estab- lish abusiness licensed under Ohio's Mortgage Loan Law or Small Loan Law for the du- ration of the moratorium. Section 4. The moratorium shall he in effect for a period of six months from the effective date of this resolution or until changes are enacted to amend the Codified Ordi- nances of the City of Lakewood to address these issues or until Council approves legisla- tion explicitly revoking this moratorium, whichever occurs first. Section 5. This resolution 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 resolution, and provided it receives the affirmative vote of at least five members of Council this resolution shall take effect and be in force immedi- ately 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 resolution 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.