2011-029 Internet Cafes ORDINANCE NO. 2011-029
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING
TO INTERNET CAFES, AND SIMULATED GAMING DEVICES AND
SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT
ACTIVITIES; ADOPTING FINDINGS OF FACT; PROVIDING
DEFINITIONS; IMPOSING A TEMPORARY MORATORIUM ON THE
OPENING OF NEW BUSINESSES OR COMMERCIAL
ESTABLISHMENTS WITHIN THE CITY OF OCOEE RELATED TO
GAME ROOMS, ARCADES, INTERNET CAFES, SWEEPSTAKES
REDEMPTION CENTERS, ESTABLISHMENTS USING SLOT
MACHINES OR SLOT MACHINE -LIKE EQUIPMENT, OR OTHER
SIMULATED GAMING DEVICES, AND SIMILAR INDOOR
ENTERTAINMENT AND AMUSEMENT ACTIVITIES; PROVIDING A
PROCEDURE FOR EXTRAORDINARY HARDSHIP; DIRECTING
STAFF TO STUDY AND REPORT TO THE MAYOR ON ISSUES
RELATING TO INTERNET CAFES BY A DATE CERTAIN; PROVIDING
FOR PENALTIES, SEVERABILITY, CORRECTION OF SCRIVENER'S
ERRORS, AND AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee, Florida provides municipal services to its citizens,
including regulation and licensing of businesses; and
WHEREAS, the appropriate regulation, licensing and permitting of businesses are vital
to the public's health, safety, morals and welfare as deficient or inadequate regulations can lead
to public harm; and
WHEREAS, the Ocoee City Commission has learned of certain activities related to
game rooms, arcades, internet cafes, sweepstakes redemption centers, establishments using slot
machines or slot machine -like equipment, other simulated gaming and gambling devices and
similar indoor entertainment and amusement activities within the City of Ocoee 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,
since said activities may include forms of gaming or gambling which could lead to illegal
activities; and
WHEREAS, the Ocoee City Commission deems it necessary to the public's health,
safety, morals and welfare to cause a study to be accomplished relative to the criteria for
issuance of permits for game rooms, arcades, internet cafes, sweepstakes redemption centers,
establishments using slot machines or slot machine -like equipment, other simulated gaming and
gambling devices and similar indoor entertainment and amusement facilities, and to place a
temporary moratorium on the issuance of permits for such activities; and
WHEREAS, the Ocoee City Commission, after holding a public hearing, finds that it is
appropriate to impose a temporary moratorium on certain activities related to game rooms,
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arcades, interne cafes, sweepstakes redemption centers, establishments using slot machines or
slot machine -like equipment, other simulated gaming and gambling devices and similar indoor
entertainment and amusement facilities.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. AUTHORITY. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
Section 2. FINDINGS OF FACT. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a part of this Ordinance.
Section 3. DEFINITIONS. For the purposes of this Ordinance, the following
words, terms, and phrases, including their respective derivatives, have the following meanings:
(a) Commercial establishment means any establishment, whether operated for
profit or not, that exchanges goods, product, services, or property of any
kind for compensation or donation, or facilitates the exchange of goods,
services, or property of any kind for compensation or donation, or in the
ordinary course of trade, business, or fundraising, regardless of the land
use designation assigned to the location of the commercial establishment.
(b) Simulated gaming devices means any electronic, computerized,
mechanical, or electromechanical device that, by the use or insertion of
coin, bill, token, slug, form or payment, passcode, electronic or magnetic
card in conjunction with the device or other reader or system connected or
networked to the device or with the aid of some physical act by the user or
commercial establishment representative, the device will allow an operator
to use, play or operate the device such that the device displays simulated
or actual games of chance, slot machine games, spinning wheels, line ups
or arrangements of objects, symbols, colors, fruit, numbers or letters, or
other avatar, or any game known as or similar to keno, roulette, faro, game
at cards, poker, blackjack, "Fruit Bonus," "Triple Jack," "Mystery J &B,"
"Fruit Paradise," "Klondike," "Magical Odds," or "Reel of Fortune," in
such a way as to display, disclose or reveal whether the user is to receive
or become entitled to receive payout, jackpot, or prize, which may include
money, credits, tokens, or anything of value, regardless of whether such
payout, jackpot, or prize is made automatically from the device or other
reader or system connected or networked to the device, or manually, and
such device is located and used, played or operated in or at a commercial
establishment in connection with the promotion, sale or purchase of
good(s), product(s) or service(s). The term "simulated gaming device"
further includes, without limitation, a "slot machine" as defined by Section
849.16, Florida Statutes. "Simulated gaming device" shall not be
construed so as to preclude the lawful use or possession of: (i) reverse
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vending machines authorized pursuant to Section 849.16(2), Florida
Statutes, (ii) amusement games or machines authorized pursuant to
Section 849.161, Florida Statutes, (iii) bingo, instant bingo or pull tab
machines or dispensers operated in accordance with section 849.0931,
Florida Statutes, (iv) a State of Florida lottery device authorized by Florida
Statutes, or (v) any other device expressly authorized by and complying
with the Florida Statutes and the Florida Administrative Code. "Simulated
gaming device" shall not be construed to include devices not otherwise
prohibited by general law that are not located in or at a commercial
establishment and are used, played or operated for non - commercial
purposes (i.e., not in connection with the promotion, sale or purchase of
goods, products or services).
(c) Persons means an individual, association, partnership, limited liability
company, joint venture, not for profit corporation, corporation, or a
director, executive, manager or officer of an association, partnership,
limited liability company, joint venture, not for profit corporation or
corporation.
(d) Moratorium means the temporary moratorium established under Section 4
of this Ordinance.
Section 4. TEMPORARY MORATORIUM.
A. Beginning on the effective date of this Ordinance and continuing through
November 30, 2012, or sooner as provided in Section 5 of this Ordinance, a moratorium is
hereby imposed on (i) the opening of new commercial establishments with simulated gaming
devices; (ii) the addition of simulated gaming devices in existing commercial establishments; and
(iii) the expansion of existing commercial establishments with simulated gaming devices.
During the moratorium, the following shall be unlawful and a violation of this Ordinance:
(a) It is unlawful and a violation of this Ordinance for any person, firm, or
corporation to open or caused to be opened any new commercial
establishments with simulated gaming devices within the City of Ocoee.
(b) It is unlawful and a violation of this Ordinance for any person, firm, or
corporation to add simulated gaming devices at an existing commercial
establishment within the City of Ocoee.
(c) It is unlawful and a violation of this Ordinance for any person, firm, or
corporation to expand or cause to be expanded any existing commercial
establishments with simulated gaming devices within the City of Ocoee.
For the purposes of this subsection, the terms "to expand" and "cause to be
expanded" mean to "enlarge the physical size of'.
B. The moratorium established by this Ordinance does not prohibit a
religious or charitable organization from conducting a fund raising activity involving simulating
gaming devices, provided the religious or charitable organization does not conduct the activity
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more than twice in one calendar year, the organization provides advance written notice to the
City of Ocoee Police Department of the date, time, place and nature of such activity and who
will be conducting it, and the activity is not otherwise unlawful.
Section 5. EXPIRATION OF THE TEMPORARY MORATORIUM. The
temporary moratorium imposed by Section 4 of this Ordinance expires as of the earliest of the
following occurrences:
(a) November 30, 2012; or
(b) The effective date of an ordinance, adopted by the City Commission, to
address the operation and use of simulated gaming devices within
commercial establishments in the City of Ocoee; or
(c) At such time as the City Commission receives a report from City staff on
issues relating to simulated gaming devices and adopts an ordinance
repealing the moratorium.
Section 6. STAFF REPORT.
(a) This moratorium has been established for the minimum time period
necessary for the City staff to analyze the effects and impacts of
commercial establishments with simulated gaming devices in the City of
Ocoee; analyze the criteria for additional standards needed, if any, under
zoning, land use, land development and general police power regulations
in connection with the issuance of development permits, or approvals for
commercial establishments with simulated gaming devices within the
City; analyze any new laws regarding simulated gaming devices which
may be enacted by the Florida legislature; complete an analysis of public
heath, safety and welfare issues that are associated with commercial
establishments with simulated gaming devices; and to take
recommendations to the City Commission regarding whether there is a
need to enact an ordinance regulating commercial establishments with
simulated gaming devices so as to promote the health, safety and general
welfare of the citizens of the City.
(b) City staff is directed to provide a report to the City Commission of its
finding and recommendations not later than August 30, 2012.
Section 7. EXEMPTIONS DUE TO EXTRAORDINARY HARDSHIP.
(a) The Ocoee City Commission may, following an advertised public hearing
as set forth below, authorize exemptions to the moratorium imposed by
this Ordinance when it finds, based upon substantial competent evidence
presented to it, that the moratorium would impose an extraordinary
hardship on a landowner or the applicant if other than the landowner.
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(b) A application for an exemption from the moratorium based upon
extraordinary hardship shall be filed with the City Manager or his
designee. Each application shall include a non - refundable application fee
of $350.00 to cover processing and advertising costs. If the applicant is
not the landowner, then the application must include the written
authorization from the landowner with respect to the filing of the
application. The application shall set forth the specific facts that are
alleged to support the claim of extraordinary hardship, and shall include
such other information as the City Manager shall prescribe as necessary
for the Ocoee City Commission to be fully informed with respect to the
application.
(c) A public hearing on any application for an exemption from the
moratorium shall be held by the Ocoee City Commission within sixty (60)
days from receipt of the application. Notice of the public hearing shall be
published once at least 7 days prior to the hearing in a newspaper of
general circulation within the city limits of the City of Ocoee.
(d) In reviewing an application for an exemption from the moratorium the
Ocoee City Commission shall consider, at a minimum, the following
criteria:
(1) The extent to which, prior to November 10, 2011, the applicant
received City of Ocoee permits or approvals for the operation of a
commercial establishment with simulated gaming devices.
(2) The extent to which, prior to November 10, 2011, the applicant
made a substantial expenditure of money or resources in reliance
upon permits or other approvals of the City of Ocoee for the
operation of a commercial establishment with simulated gaming
devices.
(3) Whether the applicant, prior to November 10, 2011, has made
contractual commitments in reliance upon permits or other
approvals of the City of Ocoee for the operation of a commercial
establishment with simulated gaming devices.
(4) Whether the applicant, prior to November 10, 2011, has in reliance
upon permits or other approvals of the City of Ocoee incurred
financial obligations to a lending institution which, despite a
thorough review of alternative solutions, the applicant cannot meet
unless the operation of a commercial establishment with simulated
gaming devices is permitted by the City.
(5) Whether the moratorium will expose the applicant to substantial
monetary liability to third persons; or would leave the applicant
completely unable, after a thorough review of alternative solutions,
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to earn a reasonable investment- backed expectation on the real
property that is affected by the moratorium.
(e) At a minimum, the Ocoee City Commission shall consider the following
non - exclusive factors under the criteria set forth in subsection (d) above:
(1) The history of the property;
(2) The history of the commercial, business, or any use of the property
(f) At the conclusion of the public hearing and after reviewing the evidence
and testimony placed before it, the Ocoee City Commission shall act upon
the application either to approve, deny, or approve in part and deny in part
the request made by the applicant.
Section 8. PENALTIES. Unless as otherwise provided herein, violations of this
Ordinance shall be punishable in accordance with Section 1 -12 of the City of Ocoee Code of
Ordinance. In addition, the City may bring any other action available at law or equity to penalize
or enjoin violations of this Ordinance.
Section 9. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 10. Effective Date. This Ordinance shall become effective ten (10) days after
its passage and adoption.
PASSED AND ADOPTED this .0 day of December, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
': Or
Bet Eikenberry, City Clerk ' S. Scott Vandergnft, Mayor
(SEAL)
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ADVERTISED Ct4er ay , 2011
READ FIRST TIME 1 ‘5, 2011
READ SECOND TIME AND ADOPTED
Oetezn Z L , 2011
UNDER AGENDA ITEM NO. \ rl
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this 4 day of 2011.
FOLEY & ARDNER LLP
By: A C ag4/ 1
City Attorney
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