48-11 Extend moratorium on Sweepstakes Gaming Cafes

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ORDINANCE NO. 48-11 By; Anderson, Bullock, Juris, Madigan, Nowlin, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to extend the moratorium enacted by Ord. 72-10 on the granting of permits to operate an Internet Cafe, Sweepstakes Gaming Cafe or Com- puter Game Center for a period not to exceed six (6) months from October 18, 2011 in order to allow Council and the Lakewood Planning Commission to continue to review applicable case law, Ohio statute, criminal codes and the Lakewood Zoning Code relative to these establishments. WHEREAS, Ord. 72-1Q enacted on October 18, 2010 and effective October 2Q 2010, placed asix- (6-) month moratorium on the issuance of any occupancy permit or other permit that would allow the operation of an Internet Cafe, Sweepstakes Gaming Cafe or Computer Game Center in the City; and WHEREAS, Ord. 11-11, enacted on April 18, 2011 and effective that date, ex- tended the moratorium by six (6) months; and WHEREAS, the law in Ohio involving Intemet Cafes, Sweepstakes Gaming Ca- fes and Game Center Facilities is in its nascent stages, as courts begin to determine whether the operations of these facilities constitute illegal gambling, such that Council and the Planning Commission require additional fime to undertake a review of all appli- cable case law and codes statewide; and WHEREAS, 129 H.B. 195, introduced in April 2011 and currently pending in a committee of the Ohio General Assembly, would enact sweeping regulations on busi- nesses of the type described herein and would permit municipalities to enact local bans on such business operations; and WHEREAS, pursuant to the Constitution of the State of Ohio and 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 restricting areas used for businesses and trades; and WHEREAS, the additional provisions of the preamble to Ord. 72-10 and Ord. 11- 11 remain relevant in and to the City; and 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, SECTONS 10 and 13 of the