28-12 Moratorium on Internet & Sweepstakes Gaming Cafes

Home Browse Search

PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE TdHOLE 4/2/12. ORDINANCE NO. 2$'12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, 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 April 18, 2012 in order to allow Council and the Lakewood Planning Commission to continue to review applica- ble case law, Ohio statute, criminal codes and the Lakewood Zoning Code relative to these establishments. WHEREAS, Ord. 72-10, enacted on October 18, 2010 and effective October 20, 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 CafS or Computer Game Center in the City; and WHEREAS, Ord. 11-11, enacted on April 18, 2011 and effective that date, ex- tendedthe moratorium by six (6) months; and WHEREAS, Ord. 48-11, enacted on October 17, 2011 and effective October 18, 2011, extended the moratorium by six (6) months; and WHEREAS, the law in Ohio involving Internet Cafes, Sweepstakes Gaming Ca- fes and Gatne 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 time 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, Ord. 11-11 and Ord. 48-11 remain relevant in and to the City; and