Ord 37-04ORDINANCE NO. 37-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE 13-04, SECTION 4, "DURATION OF
MORATORIUM/EXTENSION OF MORATORIUM" BY
AMENDING THE TEMPORARy BUII.DING
MORATORIUM ON ARCADES TO EXTEND THE
MORATOtLIUM FOR A PERIOD OF NINETY (90) DAYS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, provides mun/cipal services to its citizens,
including regulation and licensing of businesses and issuance of permits; and
WHEREAS, the City Commission has learned of certain activities related to "adult arcades"
within the City of Delray Beach, being proposed or considered which activities would harm the
City's economic and redevelopment activities and otherwise significantly and adversely affect the
public health, safety, morals and welfare, said activities which may include forms of gaming or
gambling which could lead to illegal activities; and
WHEREAS, the operation of games of chance, those which require no skill in order to play,
may result in illegal gambling activities; and
WHEREAS, the City needs a period of time to address the different types of arcades and
games utilized at arcades in order to determine the appropriate permitting criteria for each; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041 (c).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Ordinance 13-04 of the Code of Ordinances of the City of Delray
Beach. Florida. Section 4 is hereby amended to read as follows:
Section 4. DUP~TION OF La. OP~.TOP. I~UM/EXTENSION OF MORATORIUM.
The temporary moratorium set forth in this ordinance
_cc__.:.._ .:~.n became effective on March 11 2004 and .~-A
(b) The City Commission =ay ex:end is h feb ext ndin the temporary
moratorium established in t,~; Ordinance 13-04 by enactment of an this ordinance __A rax
':wT.c amendin_~ Ordinance 13-04 to provide for an extension fc.z a period not to exceed
ninety (90) days from the effective date of this ordinance upon a .... ~ wy ...... y
tcF...pc, z;~-)- . ..... t ..............~--~.-~,- ~..~.~.~ '- cxiat. The City will accent no
applications which are sub!ect to the moratorium until the moratorium has expired,
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this cd0W~ay
"~ x,~ ,2004.
ATI'EST:
ACTING CITY CLERK
2 ORD NO. 37-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ lC) ~) - REGULAR MEETING OF JULY 20. 2004
ORDINANCE NO. 37-04 (EXTENSION OF THE MORATORIUM ON
ADULT ARCADE ESTABLISHMENTS)
DATE: JULY 16, 2004
This ordinance is before Commission for second reading and second public heating mending
Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension of Moratorium" to extend the
moratorium on Adult Arcade Establishments for ninety (90) days.
At the first reading on July 6, 2004, the Commission passed Ordinance No. 37-04.
Recommend approval of Ordinance No. 37-04 on second and final reading.
S:\City Clerk\agenda memos. Ord 37-04.Extension of Moratorium Adult Arcade Establishment s.07.20.04
[lTV OF DELRrlV BEflgH
CITY ATTORNEY'S OFFICE 200 Nw 1st AVENUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
iUl-kmlca City
TO:
MEMORANDUM
June 23, 2004
City Commission
David T. Harden, City Manager
Terrill C. Pyburn, Assistant City Attorney
Extension of the Moratorium on Adult Arcades Ordinance
FROM:
SUBJECT:
Attached please find a proposed ordinance amending the moratorium on adult
arcades to extend it for an additional 90 days.
Please place this item on the City Commission agenda for July 6, 2004.
Thank you.
TCP:smk
Attachment
cc: Chevelle Nubin, Acting City Clerk
Paul Dorling, Planning Director
ORDINANCE NO. 37-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04,
SECTION 4, "DURATION OF MORATORIUM/EXTENSION OF
MORATORIUM" BY AMENDING THE TEMPORARY BUILDING
MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM
FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens,
including regulation and licensing of businesses and issuance of permits; and
WHEREAS, the City Commission has learned of certain activities related to "adult arcades"
within the City of Delray Beach, being proposed or considered which activities would harm the
City's economic and redevelopment activities and otherwise significantly and adversely affect the
public health, safety, morals and welfare, said activities which may include forms of gaming or
gambling which could lead to illegal activities; and
WHEREAS, the operation of games of chance, those which require no skill in order to play,
may result in illegal gambling activities; and
WHEREAS, the City needs a period of time to address the different types of arcades and
games utilized at arcades in order to determine the appropriate permitting criteria for each; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041(c).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Ordinance 13-04 of the Code of Ordinances of the City of Delray Beach,
Florida, Section 4 is hereby amended to read as follows:
Section 4. DUR,~,TIOH OF MOP-~,TORIUM/EXTENSION OF MORATORIUM.
(a) The temporary moratorium set forth in this ordinance
aft ........................ became effective on March 11, 2004. .~,,..'-"'~ *~"-.,,..
(b) The City Commission may-e~ter~ is hereby extendin.q the temporary
moratorium established in th!c Ordinance 13-04 by enactment of a~ this ordinance one (I)
~ amendinq Ordinance 13-04 to provide for an extension for 3 period not to exceed
ninety (90) days from the effective date of this ordinance. ' .... a ........ ~ ~, ....
t ............ *"'; ..... *'.~-,;o~-'-'~ ~-'--'~; .... *; .... to "";~* The City will accept no
applications which are subiect to the moratorium until the moratorium has expired.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this
,2004.
day
ATTEST:
CITY CLERK
First Reading
Second Reading
MAYOR
2 ORD NO. 37-04
OTY OF DBRAY BEACH
NO'IIO~ OF PROPOSED AMENDMENT TO 'mE
LAND DEVELOPMENT REGULAtiONS BY
AMENDING 'mE TEMPORARY BUILDING
MORATORIUM ON ARCADES FOR A PERIOD
OF NINETY (90) DAYS FROM 'mE DATE OF
ADOPTION OF 'miS ORDINANCE
T~. Cily Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO. 37-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CiTy Of: DE~LRAy
BEACH, FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4;
"DURATION OF MORATORIUM/EXTENSION OF MORATORIUM" BY
AMENDING THE TEMPORARY BUILDING MORATORIUM ON ARCADES
TO EXTEND THE MORATORIUM FOR A PERIOD OF NINETY (90) DAYS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Publi~ Hearings for the pur-
pose of accepting'public testimony regarding the proposed ordinance.
The first Public Hearing will be held on TUESDAY, JULY 6, 2004, AT
7;00 PoM. in the Commission Chambers at City Ha{J, 100 N.W. 1st
Avenue, Delray Beach, Florida. If the proposed ordinance is passed on
first reading, a second Public Hearing will be held on TUESDAY, JULY
20, 2004, AT 7:00 P./~o (or at any continuation of such meeting
which is set by the Commission).
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or
before the date of Ihese healings to the Hanning and Zoning Deportment.'
For further information or to obta n a copy of the proposed ordinance,
please contact the Planning and, Zeeing Department, City Haft,. 100 N.W.
1st Aveaue, Delray Beach, Florida 33~.44 (email at pzmail@mydelray-
beach.corn) or by calling 561/243-70~,0), between the hours of 8:00 a.m.
and 5:00 p.m., h~nday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITt' COMMISSION WITH RESPECT TO ANY MAT-
TER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE 'I~STIMONY AND
EVIDENCE UFON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO ES.
286.0105.
CI~OF DELRAY BEACH
Barbara Garito, CJ~C
~clty Clerk
Boca Raton/Delmy Beach News'
Ad~ NS060450
~ CC:
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING THE TEMPORARY BUILDING
MORATORIUM ON ARCADES FOR A PERIOD
OF NINETY (90i DAYS FROM THE DATE OF
ADOPtiON OF THIS ORDINANCE
The City Commission o~- the City al~ De,ray Beach, F~orida, proposes to
adopt the following ordinance:
~)RDINANCE NO, 37-C~~
AN ORDINANcE OF THE CITY COMMISSION OF THE CITY C~F DELRAY
BEACH; FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4,
"DURATION OF. MORATORIUM/EXTENSiON OF MORATORIUM# BY
AMENDING THE TEMFORARy BUILDING'MORATORIUM ON ARCADES
TO EXTEND THE MORATORIUM FOR A PERIOD OF NINETY (90} DAYS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDIN(
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.'
The City Commission Will conduct two (21 Public Hearings for the pur-
pose of accepting pUblic testimony regard ng the proposed ordinance.
The first Public Hearing will be held on TUESDAY, JULY 6, 2004, AT
7:00 P.M' in the Commission Chambers at City HoII,-IO0 N.W. Ist
Avenue, Delray Beach, Florida. If the proposed ordinance is passed on
first reading, a second Public Hearing will be held on TUESDAY, JULY
20, 2OO~, AT 7.'00 P.M. (or at a~y Continuation al~ such meeting
which is set by the Commission~.
All interested citizens ara invited to altend the public hearings and comment
,up~, n t~,e proposed ordinance or submit their comments in writing on or
oerora me date of these hearings to the Planning and Zoning Department.
For fl~rther information or lo obtain a copy of the proposed ordinance
I~ls~aSe contact thePlanning and Zoning Department, C ty Hall, 100 N.W.
Avenue, Delray Beach, Florida 33444 (email at pzrndil@mydelray-
beach.cam} or by calling 561/243-7040~, between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, excluding holidays.~
SSION WITH RESPECT TO ANY MAT-
'[ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORI5 INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS. TO BE BASED. THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S.
286.0105.
PUBUSH: Monday, June 28, 2~4
Wednesday, July 14,2004
CITY OF DELRAY BEACH
Barbara Garito, C/ViC
City Clerk