Ord 48-11ORDINANCE NO. 48 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES "; BY ENACTING A NEW
SUBSECTION 4.3.3(AAAA), "SIMULATED GAMBLING DEVICES ",
IN ORDER TO PROHIBIT USE OF SAME AND AMENDING
APPENDIX "A" TO ENACT A NEW DEFINITION OF
"SIMULATED GAMBLING DEVICES "; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 21, 2011 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, Article X, Section 7 of the 1968 Florida Constitution prohibits lotteries within
Florida, other than the types of pari- mutuel pools authorized by law as of the effective date of the
1968 Florida Constitution; and
WHEREAS, Article X, Section 23, of the Florida Constitution, as adopted in a 2004
Amendment to the Florida Constitution, authorizes slot machine gaming only in certain eligible
licensed facilities in Broward and Miami -Dade Counties, Florida, and such authorization is subject to
the requirements and conditions set forth in Article X, Section 23 of the Florida Constitution and
the extensive regulatory requirements of Chapter 551, Florida Statutes; and
WHEREAS, computer or video displays of spinning reels or other simulations of a game or
games ordinarily played on a gambling device or in a casino and which show the results of raffles,
sweepstakes, contests or other promotions (hereinafter collectively referred to in these recitals as
"simulated gambling devices ") were not among the types of pari- mutual pools authorized by law as
of the effective date of the 1968 Florida Constitution; and
WHEREAS, the technology necessary to facilitate simulated gambling devices effectively did
not even generally exist in 1968; and
WHEREAS, under no circumstances does the Florida Constitution or the Florida Statutes
authorize or permit casino gambling or any activity resembling casino gambling in the City of Delray
Beach, Florida; and
WHEREAS, no vote of the electorate of the City of Delray Beach authorizing casino
gambling in the City of Delray Beach has taken place; and
WHEREAS, the City Commission of the City Delray Beach, Florida (the "Commission "),
desiring to protect individual rights, while at the same time affording opportunity for the fullest
development of the individual and promoting the health, safety, education, and welfare of the
people, including the elderly and economically disadvantaged, and the children of the City of Delray
Beach who are our most precious and valuable resource, finds that the City of Delray Beach has a
compelling interest in protecting its citizens, and in particular its elderly, economically disadvantaged,
and children from . certain activities and influences which can result in irreparable harm, including
simulated gambling devices; and
WHEREAS, the Commission recognizes that while the State of Florida has authorized slot
machine gaming at licensed facilities in certain areas outside of the City of Delray Beach, it also
recognizes that establishments that utilize simulated gambling devices can deceive members of the
public, including the elderly, the economically disadvantaged, and children, into believing that they
are engaging in a lawfully permitted gaming activity; and
WHEREAS, the use of simulated gambling devices is therefore inherently deceptive; and
WHEREAS, due to their inherently deceptive nature, establishments that utilize simulated
gambling devices are adverse to the quality of life, tone of commerce, and total community
environment in the City of Delray Beach, and have an unreasonable adverse effect upon the elderly,
the economically disadvantaged, and other citizens of the City of Delray Beach; and
WHEREAS, the Commission is also charged with the responsibility of protecting and
assisting its citizens who suffer from compulsive or problem gambling behavior; and
WHEREAS, there is often a correlation between establishments that utilize simulated
gambling devices and disturbances of the peace and good order of the community, and the
concurrency of these activities is hazardous to the health, safety, and general welfare of the citizens
of the City of Delray Beach; and
WHEREAS, in order to ensure the uniform enforcement of existing laws, to preserve the
public peace and good order, and to safeguard the health, safety, morals and welfare of the
community and citizens thereof, it is necessary and advisable to prohibit the use of simulated
gambling devices, unless otherwise exempted by law or ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. - That the recitations set forth above are incorporated herein.
2 ORD. NO. 48 -11
Section 2. That Section 4.3.3, "Special Requirements for Specific Uses ", Subsection
(AAAA), "Simulated Gambling Devices ", of the Land Development Regulations of the City of
Delray Beach, shall hereby be enacted to read as follows:
(AAAA) Simulated Gambling Devices:
(1) Putpose: It is the intent of this section to prohibit the use of simulated gambling
devices, including any related activity or behavior which can be reasonably construed to be the use
of simulated gambling devices.
(2) Prohibition of Simulated Gambling Devices: It shall be unlawful for any person to
manage, supervise, maintain provide, produce or use one or multiple simulated gambling devices
Each individual act to manage supervise, maintain, provide produce, or use a simulated ag mbling
device constitutes a separate violation of this section
(3, Exemptions:
(a) This section does not prohibit the personal recreational non-commercial
ownership, play, operation or use of a device which could be construed to be a
simulated gambling device provided such ownership. play, operation or use is not
otherwise prohibited by Florida law and provided such ownership, pla-y. operation
or use does not constitute a lottery under Article X Section 7 of the Florida
Constitution.
(b) This section does not prohibit the ownership, play, operation, or use of any device
expressly permitted by the Florida Statutes and not otherwise prohibited by the
Florida Constitution except that devices permitted by Article X, Section 23 of the
Florida Constitution and Chapter 551 Florida Statutes in Broward and Miami
Dade County only are not permitted by this section
C. This section does not prohibit Adult Gaming Centers which are regulated by LDR
Section 4.3.3(A".
(4) Conflict with State Law: Nothing in this section is intended to conflict with the
provisions of the Florida Constitution or Chapter 849, Florida Statutes concerning gambling In the
event of a conflict between this section and either the Florida Constitution or Cha ter 849 Florida
Statutes, then the provisions of the Florida Constitution or Chapter 849, Florida Statutes, as
applicable, control.
(5) Penalty: Any person who violates this section is subject to the provisions of Section
10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach Each simulated
ORD. NO. 48 -11
gambling device, possession or use thereof constitutes an individual offense for purposes of Section
10.99.
Section 3. That Appendix "A ", "Definitions ", of the Land Development Regulations of
the City of Delray Beach, Florida, shall hereby be amended to enact a new definition of "Simulated
Gambling Device" to read as follows:
SIMULATED GAMBLING DEVICE Means any mechanical or electrical device, computer
terminal, video or other equipment that may or may not be capable of downloading games from a
central server system, machine computer or other equipment upon connection with or the insertion
of, swiping, passing in range, or any other technical means of physically or electromagnetically
connecting to a coin, bill, ticket, token, card or similar object, including entering a password
obtained directly or indirectly through payment of consideration or obtained as a bonus or
supplement to another transaction involving the payment of consideration which makes the device
available to play (by skill, chance, or both) or operate a computer or video simulation of any game
such as slot machines, bingo, poker, keno craps, or any other type of game ordinarily played in a
casino, including a game involving the display of the results of a raffle, sweepstakes, drawing,
contest, lottery, or other promotion, and which may deliver or entitle the person or persons playing
or operating the device to a payoff of cash money, or other credit billets tickets tokens, or
electronic credits to be exchanged for cash or merchandise or any other thing of value, whether
made automatically from the machine or manually_
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
4 ORD. NO. 48 -11
PASSED AND ADOPTED in regular session on econd and final re ding on this the
3 day of —32012.
Sev4
M OR
A'11'EST:
City Clerk
First Reading becwA low I --I i (
Second Readin axta %,
ORD. NO. 48 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 14, 2011
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JANUARY 3, 2012
ORDINANCE NO. 48-11 (SECOND READING /SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading and public hearing to Consider a city - initiated
amendment to Land Development Regulation (LDR) Section 4.3.3, "Special Requirements for Specific
Uses ", by enacting a new Subsection 4.3.3(AAAA), "Simulated Gambling Devices ", in order to
prohibit use of same and to enact a new definition of, "Simulated Gambling Devices ".
BACKGROUND
At the first reading on December 13, 2011, the Commission passed Ordinance No. 48 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 48 -11 on second and final reading.
http: // agendas. mydelraybeach .comBluesheet.aspx ?ltemID = 5227 &Meeting1D =340 1/3/2012
ORDINANCE NO. 48 -11
AN ORDINANCE OF THE CITY COMM[SSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES "; BY ENACTING A NEW
SUBSECTION 4.3.3(AAAA), "SIMULATED GAMBLING DEVICES",
IN ORDER TO PROHIBIT USE OF SAME AND AMENDING
APPENDIX "A" TO ENACT A NEW DEFINITION OF
"SIMUL.ATED GAMBLING DEVICES "; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 21, 2011 and voted 7 to 0 to
reconmvnd that the changes be approved- and
WHEREAS, Article X, Section 7 of the 1968 Florida Constitution prohibits lotteries within
Florida, other than the types of parrmutuel pools authorized by law as of the effective date of the
1968 Florida Constitution; and
WHEREAS, Article X, Section 23, of the Florida Constitution, as adopted in a 2004
Amendnnent to the Florida Constitution, authorizes slot machine gaining only in certain eligible
licensed facilities in Broward and Miiarm Dade Counties, Florida, and such authorization is subject to
the requirements and conditions set forth in Article X, Section 23 of the Florida Constitution and
the extensive regulatory requriTnts of Chapter 551, Florida Statutes; and
WHEREAS, computer or video displays of spinning reels or other simulations of a game or
gams ordinarily played on a gambling device or in a casino and which show the results of raffles,
sweepstakes, contests or other promotions (hereinafter collectively referred to in these recitals as
"simulated gambling devices ") were not among the types of pari inutual pools authorized by law as
of the effective date of the 1968 Florida Constitution; and
WHEREAS, the technology necessary to facilitate simulated gambling devices effectively did
not even generally exist in 1968; and
WHEREAS, under no circumstances does the Florida Constitution or the Florida Statutes
authorize or permit casino gambling or any activity resembling casino gambling in the City of Delray
Beach, Florida, and
WHEREAS, no vote of the electorate of the City of Delray Beach authorizing casino
gambling in the City of Delray Beach has taken place; and
WHEREAS, the City Commission of the City Delray Beach, Florida (the "Commission'),
desiring to protect individual rights, while at the same time affording opportunity for the fullest
development of the individual and promoting the health, safety, education, and welfare of the
people, including the elderly and economically disadvantaged, and the children of the City of Delray
Beach who are our most precious and valuable resource, finds that the City of Delray Beach has a
compelling interest in protecting its citizens, and in particular its elderly, economically disadvantaged,
and children from certain activities and influences which can result in irreparable harm, including
simulated gambling devices, and
WHEREAS, the Commission recognizes that while the State of Florida has authorized slot
machine gaining at licensed facilities in certain areas outside of the City of Delray Beach, it also
recognizes that establishments that utilize simulated gambling devices can deceive members of the
public, including the elderly, the economically disadvantaged, and children, into believing that they
are engaging in a lawfully permitted gaming activity, and
WHEREAS, the use of simulated gambling devices is therefore inherently deceptive; and
WHEREAS, due to their inherently deceptive nature, establishments that utilize simulated
gambling devices are adverse to the quality of life, tone of commerce, and total community
environment in the City of Delray Beach, and have an unreasonable adverse effect upon the elderly,
the economically disadvantaged, and other citizens of the City of Delray Beach; and
WHEREAS, the Commission is also charged with the responsibility of protecting and
assisting its citizens who suffer from compulsive or problem gambling behavior, and
WHEREAS, there is often a correlation between establishments that utilize simulated
gambling devices and disturbances of the peace and good order of the coirnnLmity, and the
concurrency of these activities is hazardous to the health, safety, and general welfare of the citizens
of the City of Delray Beach; and
WHEREAS, in order to ensure the uniform enforcement of existing laws, to preserve the
public peace and good order, and to safeguard the health, safety, morals and welfare of the
community and citizens thereof, it is necessary and advisable to prohibit the use of simulated
gambling devices, unless otherwise exempted by law or ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COTVMSSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
2 ORD. NO. 48-11
Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection
(AAAA), "Simulated Gambling Devices ", of the Land Development Regulations of the City of
Delray Beach, shall hereby be enacted to read as follows:
(&&&&)Simulated Gambling Devices:
(1) Puraose: It is the intent of this section to prohibit the use of simulated gambling
devices, including any related activity or behavior which can be reasonably construed to be the use
of simulated gambling devices.
Each individual act to mm=, 2=njT, maintain, provide, produce, or use a simulated gambling
device constitutes a separate violation of this section
(3) Exemptions:
(a) This section does not prohibit the persona, recreational, non-commercial
Constitution.
Dade County only are not permitted by this section
C. This section does not prohibit Adult Gaming Centers, which are regulated by LDR
Section 4.3.3(AAA .
4) Conflict with State Law: Nothine in this section is intended to conflict with the
provisions of the Florida Constitution or Chapter 849, Florida Statutes, concerning gamblin. In the
event of a conflict between this section and either the Florida Constitution or Chapter 849, Florida
Statutes, then the provisions of the Florida Constitution or Chapter 849, Florida Statutes, as
apjlicable, controL
L5) Penalty: Any person who violates this section is subject to the provisions of Section
10.99, "General Penalty', of the Code of Ordinances of the City of Delray Beach. Each simulated
ORD. NO. 48-11
gambling device, possession or use thereof constitutes an individual offense for V=ses of Section
10.99.
Section 3. That Appendix "A ", "Definitions ", of the Land Development Regulations of
the City of Delray Beach, Florida, shall hereby be amended to enact a new definition of "Simulated
Gambling Device" to read as follows:
electronic credits to be exchanged for cash or merchandise, or any other thing of value, whether
made automatically from the machine or manuall l
Section 4. 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 5. That all ordinances or parts of ordinances m conflict herewith be and the
same are hereby repealed
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
4 ORD. NO. 48-11
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2012.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
5 ORD. NO. 48-11
NO.,, 64050,14R
: CITY F DELIY BEACH y:kh TILE .0 +j` x
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NOTICE F PRGPOD .::.
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IN 0 E LAND r :r yn
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o
DEVELOPINENT REGULATIONS ad� T ': �
4w-.a. `f?' °:``' -i:5r �'4.: '''.'t�'�ai_. :�- "��:F., pp������ -•-4: !�:',:`,•<.4- _�`.�54. �f�
• { - - K hi• { A ,K� '_:iq A�UL`:5:.+':j?Ny .{c2
The City Commtsston'of tho City, of Delray Beach, Florida,:.
proposes to ado t the followin ordinanc ''�' x�U eM
P 9 e 4N 'RD N
l�.l {��Fl�t: -'
bRDINANCE NO.48 11
'R G03TO S� 6a1.4l1AENEi1
'
AN ORDINANCE OF THC CITY COMMISSION OF THE ESIbE•;
:. CITY. :OF!UELRAY`[3EACH ''FLORIDA .AMENDING THE$'
t LAND: DEVELOPMENT REGULATIONS OF THE CITY OF
iRc
:::(v11i�±RG1;.n {I :.jBB 4(Q 11i�iC
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.. :.,; :: _: ::.;.;•..::...::.. DELRAY BEACH BY AMENDING; SE�TlON 4.3.3.;: "SPECIiAI j - : : ` 4r:� -• ', ' {r ..:�:.
REQUIREMENTS FOR VEC
'A;:.'NEVV= SUBSECTION..'
GAMBLING, DEVICES';
SAME'AND:-AMENDING-'A
i NEW DEFINITION 0,F"Simu
PROVIDING. A GENERAL Rf
CLAUSE" ND:AN. EOM
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2$ THE PALM BEACH POST a WEDNESDAY, DECEMBER 28, 2011
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: December 7, 2011
Page 1 of 2
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF DECEMBER 13, 2011
ORDINANCE NO. 48-11 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will prohibit
simulated gambling devices and their related places of business sometimes referred to as "internet or
sweepstake cafes ".
BACKGROUND
The businesses that utilize simulated gambling devices are known by several names including Cyber
cafes, Sweepstake cafes, or Internet cafes. These businesses can range from storefront locations which
install fold out tables, add a few decorations and put out laptop computers with internet access to much
larger facilities that install many computers, big screen TVs and have sitting and snack areas.
These facilities sell internet access or telephone cards which allow customers to enter a sweepstakes
system on computers at the business. Customers then enter games where they can win cash prizes. This
circumvents the current gambling laws, because the purchase of computer time or phone cards to enter
sweepstakes on a gaming web site is technically not paying to play a game to win money. After players
"buy time ", they can win credits in various online sweepstakes that can then be transferred back to
cash.
These businesses have been popping up across the nation, including more recently in Florida, thereby
creating concerns that it will increase crime rates, contribute to the financial hardships for low income
customers, and lower property values. Many communities are now considering some type of limitation
on this use.
These cafes differ from regular internet cafes which charge a fee for computer use and are usually
associated with the sale of drinks and snacks, but do not offer or promote sweepstakes as their primary
business. They also differ from "adult gaming facilities ", which are allowed in certain zoning districts
as a conditional use in the following way: Cyber cafes, Sweepstake cafes, or Internet cafes utilize web
based games connected with sweepstake winnings with significantly higher payouts than adult gaming
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Coversheet
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facilities, where the maximum retail value of individual prizes is limited to 75 cents per game and no
cash awards, gift certificates, gift cards, credit cards or other cash substitutes are allowed.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their November 21, 2011 meeting and
recommended approval on a 7 -0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 48 -11 on first reading for a city - initiated amendment to Section
4.3.3 and Appendix `A' of the Land Development Regulations, by adopting the findings of fact and law
contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: NOVEMBER 21, 2011
AGENDA NO: V.0
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY ENACTING A NEW
SUBSECTION 4.3.3 (AAAA) TO PROHIBIT SIMULATED GAMBLING
DEVICES, AND AMENDING APPENDIX "A" TO ENACT A NEW
DEFINITION FOR THE SAME.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city -
initiated amendment to Land Development Regulations (LDRs) that will enact a new subsection to
Section 4.3.3, "Special Requirements for Specific Uses ", to prohibit simulated gambling devices
and the related places of business sometimes referred to as "internet or sweepstake cafes ".
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND /ANALYSIS
The businesses that utilize these simulated gambling devices are known by several names
including Cyber cafes, Sweepstake cafes, or Internet cafes. These businesses can range from
storefront locations which install fold out tables, add a few decorations and put out laptop
computers with internet access to much larger facilities that install many computers, big screen
TVs and have sitting and snack areas.
These facilities sell internet access or telephone cards which allow customers to enter a
sweepstakes system on computers at the business. Customers then enter games where they can
win cash prizes. This circumvents the current gambling laws, because the purchase of computer
time or phone cards to enter sweepstakes on a gaming web site is technically not paying to play a
game to win money. After players "buy time ", they can win credits in various online sweepstakes
that can then be transferred back to cash.
These businesses have been popping up across the nation, including more recently in Florida,
thereby creating concerns that it will increase crime rates, contribute to the financial hardships for
low income customers, and lower property values. Many communities are now considering some
type of limitation on this use.
These cafes differ from regular internet cafes which charge a fee for computer use and are usually
associated with the sale of drinks and snacks, but do not offer or promote sweepstakes as their
primary business. They also differ from "adult gaming facilities ", which are allowed in certain zoning
districts as a conditional use in the following way: Cyber cafes, Sweepstake cafes, or Internet cafes
utilize web based games connected with sweepstake winnings with significantly higher payouts
than adult gaming facilities, where the maximum retail value of individual prizes is limited to 75
Planning and Zoning Board Meeting, November 21, 2011
LDR Amendment - Prohibition of Simulated Gambling Devices
cents per game and no cash awards, gift certificates, gift cards, credit cards or other cash
substitutes are allowed.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Citizens Coalition
• Chamber of Commerce
• Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed ordinance will prohibit simulated gambling devices and the related places of
business sometimes referred to as "internet or sweepstake cafes ". While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, and is not
inconsistent with them. Further a positive finding can be made with respect to LDR Section
2.4.5(M) (5).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of an amendment to the Land
Development Regulations, by enacting a new subsection 4.3.3 (AAAA) to prohibit
Simulated Gambling Devices, and amending "Appendix A" to enact a new definition for
the same, by adopting the findings of fact and law contained in the staff report, and finding that
the text amendment and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of an amendment to the Land
Development Regulations, by enacting a new subsection 4.3.3 (AAAA) to prohibit
Simulated Gambling Devices, and amending "Appendix A" to enact a new definition for
the same, by adopting the findings of fact and law contained in the staff report, and finding that
the text amendment and approval thereof is inconsistent with the Comprehensive Plan and
does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the
affirmative).
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Planning and Zoning Board Meeting, November 21, 2011
LDR Amendment - Prohibition of Simulated Gambling Devices
RECOMMENDED ACTION
Recommend approval of an amendment to the Land Development Regulations, by enacting a
new subsection 4.3.3 (AAAA) to prohibit Simulated Gambling Devices, and amending
"Appendix A" to enact a new definition for the same, by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
• Proposed Ordinance
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