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CITY OF NORTH OLMSTED, OHIO RESOLUTION N0.2010 - 41 BY: Mayor Kennedy & Council Member Jones A RESOLUTION DECLARING A MORATORIUM ON THE ISSUANCE OF BUILDING, ZONING OR OCCUPANCY PERMITS FOR PREMISES EQUIPPED WITH MECHANICAL OR ELECTRONIC GAMING DEVICES, VIDEO ARCADES OR PARLORS, AND INTERNET CYBERCAFES; AND FURTHER PROHIBITING ANY GAME ROOM LICENSE, SIMILAR USE PERMIT, VARIANCE OR DEVELOPMENT PLAN APPROVAL FOR SAID FACILITIES; AND DECLARING AN EMERGENCY. WHEREAS, under Chapter 1119 and 1126 of the Codified Ordinances of North Olmsted, Ohio, all development, construction, occupancy and use of commercial premises is subject to several permits which must first be obtained from the Building Commissioner before occupancy of premises for a game room, video arcade, cybercafe or other similar facilities equipped with mechanical or electronic gaming /amusement devices; and WHEREAS, under Chapter 751 of the Codified Ordinances of North Olmsted, Ohio, Game Room applicants must first obtain a license from the Director of Public Safety before operating a game room or video arcade equipped with mechanical or electronic gaming / amusement devices; and WHEREAS, it is anticipated that property owners or developers may be applying to the City seeking to obtain a permits to construct or occupy and/or license to operate a game room, video arcade, or cybercafe equipped with "sweepstakes" amusement /gaming devices as a principal use; and WHEREAS, this Council is advised that these facilities are not a permitted principal use of commercial property, not in character of the City's General Retail zoning district; and WHEREAS, this Council determines that the unregulated proliferation of these property uses constitutes a public nuisance that interferes with the health, safety and general welfare of the public; and WHEREAS, the City is considering amendments to its zoning and/or business regulation ordinances for the use of premises and licensing of games rooms, video arcades or similar cybercafes; and WHEREAS, this ordinance constitutes an emergency measure for the immediate preservation of the public peace, property, health, safety, or general welfare in that a moratorium on the review of applications for the permitting and/or licensing of such game room facilities is necessary to enable this Council to consider reasonable regulation and to prevent unregulated proliferation of same through the issuance of any permit or license prior to either the effective date of the City's regulation or October 5, 2010, whichever occurs first.