Ord 13-04ORDINANCE NO. 13-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ESTABLISHING A TEMPORARY
BUILDING MORATORIUM ON ARCADES AS FURTHER
DEFINED HEREIN FOR A PERIOD OF FOUR (4)
MONTHS FROM THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING FOR PENALTIES
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. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE
OF PERMITS FOR ARCADES. All activities renting to the acceptance, review and action
upon permit applications for arcades are temporarily suspended in order for the City. of
Delray Beach. through its officials and staff, to have adequate time and ot~portunit? to
determine the adequacy of atmlication criteria, standards and other armroCal processes
related to the issue of said permits within the City of Delray Beach. Based upon thc
foregoing, there is hereby imposed a temporary, moratorium on the review and action upon
permit applications for arcades and ~mmae rooms. During the time the temporary
moratorium is in effect, the City. will accept no applications for permits for the operation of
arcades.
Section 2. ARCADE. Arcade shall be defined as any house, booth, tent. room. shelter
or any other place which permits any person to play a ~mmae on a machine for money or
other valuable____~.
Section 3. GEOGRAPHIC AREA COVERED. A temporary, moratorium established in
this ordinance shall be effective in the corporate and mnnieinal boundaries of the City of
Delray Beach.
Section 4. DURATION OF MORATORIUM/EXTENSION.
(a) The temporary, moratorium set forth in this ordinance shall take
effect immediately upon the effective date of this ordinance and shall terminate four (4:)
months after the said effective date. The City will accept no applications which are subject
to the moratorium until the moratorium has expired.
(b) The City. Commission may extend the temporary, moratorinm
established in this ordinance by enactment of an ordinance one (1) time for a period not to
exceed ninety. (90) days upon a finding by the City Commission set forth in the ordinance
that the problems ~ving rise to the need for the temporary, moratorium established herein
continue to ex~st.
Section 5. PENALTIES. Any individual, enti.ty or agent, who shall violate any
provision of this ordinance or who fails to comply therewith, or with any of the
requirements thereof, shall be fined in an amount not exceeding five hundred dollars
($500.00) or be imprisoned for a period of not exceeding sixty. (60) days.
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
2 ORD. NO. 13-04
Section 8. That this ordinance shall become effective immediately upon its passage
second and final reading.
~ PASSF_/jD AND ADOPTED in regular
of -~-~gSt~/-~ ,2004.
ATfBST:
CITY CLERK
First Readin~
Second
on
session on second and final reading on this // day
3 ORD. NO. 13-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~) ~x - REGULAR MI~.~TING OF MARCH 11. 20-~4.
ORDINANCE NO. lB-04 (PROPOSING A FOUR MONTH MORATORIUM
ON ADULT ARCADE ESTABLISHMENTS)
MARCH 5, 2004
This ordinance is before Commission for second reading and second public hearing mending Land
Development Regulations proposing a four month moratorium on Adult Arcade Establishments.
At the first reading on February 17, 2004, the Commission passed Ordinance No. 13-04.
Recommend approval of Ordinance No. 13-04 on second and final reading.
S:\City Clerk\agenda meatus. O-rd 13-04.Moeatmium. Adult Arcade Eatabliahment~.03.11.04
TO:
FROM:
SUBJECT:
PAUL DORLING, DIRE~/OR OF PLANNING AND ZONING
MEETING OF FEBRUARY 17, 2004 PROPOSED
MORATORIUM ON ADULT ARCADE ESTABLISHMENTS.
FOUR MONTH
On December 15, 2003 the Planning and Zoning Board considered a conditional use request to
establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping
center at the southeast corner of Military Trail and Linton Boulevard.
During the analysis of that request the issue of whether this type of use would be considered
gambling or not was discussed. The applicant's accompanying narrative attempted to explain how
the coin operated amusement facility met the definition of "Arcade Amusement Center" as described
in Florida State Statute 846.161. Pursuant to Florida Statute 846.161, an Arcade Amusement Center
is a business that contains machines that operate by means of the insertion of a coin and which by
application of skill may entitle the person playing or operating the game or machine to receive points
or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages,
provided the cost value of the merchandise or prize awarded in exchange for such points or coupons
does not exceed 75 cents on any game played. The "STOP" buttons described in the applicant's
narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen.
The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition.
Given the current regulations the City Commission approved the Spinners Arcade request at their
January 6, 2004 meeting.
However, similar operations in the State of Florida, more notably in the County of Sarasota are
currently being reviewed by the courts to determine whether they meet the definition of Arcade
Amusement Facility and are therefore exempt from Florida's prohibition on gambling. If the courts find
that the proposed machines are not exempt, the recently approved conditional use will become null
and void. Given the ongoing legal review of this type of use it would appear prudent to implement a
four month moratorium to allow adequate time for the courts to render their decision. The authority to
implement such a moratorium is granted to a municipality under general home rule powers pursuant
to Florida Statute 166.021.
The Planning and Zoning Board considered the moratorium request at their meeting of January 26
2004. There were no public comments and after a brief discussion the Board voted unanimously (6-0)
(Jess Sowards absent) to recommend approval of the Moratorium request.
Recommend approval of a four mouth moratorium on adult arcade establishments.
ORDINANCE NO. 13-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEL,RAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ESTABLISHING A TEMPORARY
BUILDING MORATORIUM ON ARCADES AS FURTHER
DEFINED HEREIN FOR A PERIOD OF FOUR (4)
MONTHS FROM THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING FOR PENALTIES
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEILEAS, 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 other, vise 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 DRI.RAY BEACH, FLORIDA:
Section 1. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE
OF PERMITS FOR ARCADES. All activities relating to the acceptance, review and action
upon permit applications for arcades are tem_noratily suspended in order for the City. of
Delray Beach. through its offiei~lu and staff, to have adequate time and opportu~ty to
determine the adequacy of application criteria standards and other approval processes
related to the issue of said permits within the City of Delrav Beach. Based upon the
foregoing, there is hereby imposed a tempora~, moratorium on the review and action upon
permit applications for arcades and ~mmae rooms. During the time the temporary.
moratorium is in effect, the City will accept no applications for permits for the operation of
arcades.
Section 2. ARCADE. Arcade shall be defined as any house, booth, tent. room. shelter
or any other place which permits any person to play a ~tmane on a machine for money or
Section 3. GEOGRAPHIC AREA COVERED. A temporary, moratorium established in
this ordinance shall be effective in the co, orate and municipal bounctaries of the City of
Section 4. DURATION OF MORATORIUM/EXTENSION.
(a) The temporary moratorium set forth in this ordinance shall t~lre
effect immediately upon the effective date of this ordinance and shall terminate four (.4)
months after the said effective date. The City. will accept no applications which are subject
to the moratorium until the moratorium has expired
(b) The City. Commission may extend the temporary, moral;Or/nm
established in this ordinance by enactment of an or,tinunee one (1) time for a perig~t ngt to
exceed ninety (90~ days upon a finding by the City Commission set forth in hh¢ ordinance
that the problems ~ving rise to the need for the temporary, moratorium established herein
Section 5. PENALTIES. Any individual entity, or agent, who shall violate any
provision of this ordinance or who fails to comply therewith, or with any of the
requirements thereof, shall be fined in an amount not exceeding five hundrcqt dollars
(.$500.00) or be imprisoned for a period of not exceeding sixty (60) days.
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
2 ORD. NO. 13-04
~ That this ordinance shull become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regaalar session on second and final reading on this __ · 2004.
day
ATI'~SST:
MAYOR
CITY CLERK
First Reading
Second Reading
3 ORD. NO. 13-04
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS ESTABLISHING A
TEMPORARY BUILDING MORATORIUM
ON ARCADES FOR A PERIOD OF FOUR
(4) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE
The City Commission of the City of Defray Beach, Florida
proposes to adopt the following ordinance:
ORDINANCE NO. 13~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA~
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPO-
RARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED
HERFJN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC
AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUUM;
PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE, A GEN-
ERN. REPEALER CLAUSE, AND AN EFFECTIVE DAT.
The City Commission wig conduct two (2) Public Headngs for the
purpose of accepting public tssUmony regarding the pmposed ordi-
nance. The first Public Hearing will be held on TUESDAY. FEBRDAR~
17. 2004. AT 7-00 P..I~, in the Commission Chambers at City Hall,
100 N.W. 1"Avenue, Dalmy Beach, Rodda. If the proposed ordi-
nance is passed on first reading, a second Public Headng will be
held on THURSDAY. MARCH 11.2~04. AT 7'00 RM. (or at any con-
tinuation of such meeting which is set by the Commission).
NI interested citizens are invited to attend the public hearing and
comment upon the proposed ordinance or submit their comments in
writing on ar betom the date of these he~ngs to fl~e Planning and
Zoning Department. For torther informaUon or to obtain a copy of the
pmpssed ordinance, please confaet U~e Planning and Zoning
Bepartmont, City Hall, 100 N.W. 1st Avenue, Belmy Beach, Florida
33444 (emall at ezmail@mvdalravbeach.com~ or by calling {561)
243-7040, between the houm of 8:00 a:m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI*
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PUR-
SUANT TO ES. 286.0105.
CITY OF DELRAY BEACH
Barbara Garito, CMC
City Cicrk
PUBLISH: February 9, 2004
March 5, 2004
8oca Raton/Delray Beach News
Ad# NS020431
CITY oFDELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS ESTABLISHING A
TEMPORARY BUILDING MORATORIUM
ON ARCADES FOR A PERIOD OF FOUR
(4) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE
The City Commission of the City of Deitay Reach, Florida,
~mpnses to adopt the following ordinance:
ORDINANCE NO. 13-04
AN ORDINANCE OF THE CITY COMMISSION DF THE CiTY OF DELRAY
§EACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY REACH, ESTABUSHING A TEMPO-
BUILDING MORATORIUM ON ARCADES AS FURTHER DERNED
HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC
AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUUM;
PROVIOINO FOR PENALTIES; PROVIDING A SAVINGS CLAUSE, A GEN-
ERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The Ci~ Commission will cor~uct two (2) Public Heathgs for the
purpose of accepting public tesUmony regarding the proposed ordi-
nance. The first Public Hearing will be held on ]]JE~A~JJJ]~[
17, 2004. AT 7'00 RM. in the Commission Chambers at City Hell,
100 N.W. l"Avanue, Delmy Beach, Rodda. ff the proposed ordi-
nance b passed on flint reading, a second Public Hearing will be
held on THURSDAY. MARCH 11.2004. AT 7.'00 EM, (or at any cea-
tJnuaUon of such meeting which is set by the Commission).
NI interested citizens are invited to attend the public heating and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further intmmaRan or to obtain a copy of the
proposed ordinance, please centant the Planning and Zoning
Department, City Hall, 100 N.W. 1at Avenue, Delmy Beach, Fisdda
33444 (omall at pzmeil@mvdelravbeach.cem~ or by calling (561)
243-7040, between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PLEASE RE ADVISED THAT iF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY'II'IE CITY COMMISSION WiTH RESPECT TO ANY
MAT[ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VENSAT~M RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICti THE APPEAL iS TO BE BASED.
THE ClTf DOES NOT PROVIDE NOR PREPARE SUCH RECORD FUR-
SUANT TO F.S. 286.0105.
PUBLISH:
CITY OF DELRAY BEACH
Barbara Garito, CMC
City Clerk
February 9, 2004
March 5, 2004 '
Boca Raton/Delray Beach News
Ad# NS020431