CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City
Commission
FROM:
BY: Sam Goren, City
Attorney
Tammy
Reed-Holguin, Community Development Director
DATE: April 10, 2007
SUBJECT: Second
Amendment to Chapter 6 “AMUSEMENTS AND ENTERTAINMENTS” of the City’s
Code of Ordinances
APPLICANT: City
of
Background:
As we begin to undertake the City’s redevelopment initiatives city-wide, we are in the process of developing incentives and streamlining processes for projects that support the redevelopment efforts while identifying portions of the City Code that may hinder the attraction of desired types of establishments. As a first step in the process during the February 13th, 2007 Commission meeting, the City Commission adopted an Ordinance revising Chapter 106 of the City Code, Zoning. This Ordinance further defined the business types and revised the Master Business List. Uses such as amusements/recreation enterprises (indoor) and billiard rooms, poolrooms were reclassified as secondary uses with a Special Exception Use permit (SEU). The Ordinance makes reference to Chapter 6 to find additional regulations pertaining to these uses.
The attached ordinance is the companion ordinance to the one approved by the Commission on February 13, 2007. This companion Ordinance was adopted on first reading at the March 13th City Commission meeting. We are presenting it tonight for second reading and final adoption. This ordinance details the additional regulations pertaining to uses such as amusements/recreation enterprises (indoor) and billiard rooms, poolrooms. The ordinance deletes the current provisions of Chapter 6 “Amusements and Entertainments” and replaces them with a new Article III entitled “Game Machines and Billiards”. This new section of the Code will clarify the reclassification of amusement/recreation enterprises (indoor) and billiard rooms/pool rooms from primary to secondary uses and the requirement of a Special Exception Use (SEU) permit for operation.
The Ordinance includes new definitions in Chapter 6 to differentiate between amusement centers and billiard halls as primary uses as opposed to amusement device/game machine and billiard/pool table, which will be permitted as secondary uses with an SEU. Specific guidelines are provided to be met by the applicant when requesting the issuance of an SEU. The City Administration recommends limiting these uses to be permitted with an SEU permit as secondary uses only in conjunction with the primary uses of:
1. Establishments in which the primary income is derived from serving food;
2. Bowling alleys; clubs (civic, private, non-commercial); hotels and motels; lodge halls; skating rinks; and theater and motion picture houses.
All of these establishments having game machines must have a minimum of two thousand (2,000) gross square feet of public use floor area and meet the other Code requirements for a Special Exception Use Permit. Establishments having billiards must have a minimum of four thousand (4,000) gross square feet of public use floor area and meet the other Code requirements for a Special Exception Use Permit. In addition, establishments having a combination of billiards and game machines must have a minimum of 4,262 gross square feet of public use floor area.
These amendments will assist in insuring the attraction and retention of businesses that cater to the family as a unit and promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the community as stated in the City’s Zoning Code and reinforced in the City’s redevelopment efforts.
The City Commission approved the attached Ordinance on first reading on March 13, 2007. It is before the Commission tonight for second reading and final adoption.
RECOMMENDATION:
The City Administration recommends Commission’s approval and adoption on second reading of the attached ordinance deleting the current provisions of Chapter 6 “Amusements and Entertainments” and replacing them with a new Article III entitled “Game Machines and Billiards”.
ORDINANCE NO. 07-_____
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, DELETING IN ITS
ENTIRETIES THE CURRENT PROVISIONS OF CHAPTER 6, ENTITLED, "AMUSEMENTS AND
ENTERTAINMENTS," ARTICLE III, ENTITLED, "GAME MACHINES,” AND
REPLACING THEM WITH A NEW ARTICLE III ENTITLED “GAME MACHINES AND BILLIARDS,”
AND NEW SECTIONS 6-51 THROUGH 6-61, TO PROVIDE FOR THE TERMS AND CONDITIONS OF
MECHANICAL AMUSEMENT DEVICES AND BILLIARD/POOL TABLES AS SPECIAL EXCEPTION
SECONDARY USES AS AUTHORIZED IN THE CITY’S MASTER BUSINESS USE LIST; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager and the City’s professional planning staff continuously monitor and review the City’s Land Use Regulations and Comprehensive Land Use Plan to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of such; and,
WHEREAS, the City, with its professional staff and consultants completed a study and review of the City’s Land Use Regulations for the purpose of evaluating the prohibition of certain types of business uses, including, but not limited to, taverns, bath/massage parlors/escort services, bars/lounges/saloons, billiard/poolrooms, pawn shops, amusement/recreation enterprises/indoor and similar uses in the City; and,
WHEREAS, it is the City Commission’s desire to implement the results of the study and review of the Master Business List to lead to better implementation of the goals and objectives if the City’s Comprehensive Plan and the City Commission’s vision, and enhance the City’s demographic characteristics; and,
WHEREAS, on February 13, 2007, the City Commission adopted on second reading an ordinance that prohibits certain types of business uses and reclassifies some uses, including, but not limited to, taverns, bath/massage parlors/escort services, bars/lounges/saloons, billiard/poolrooms, pawn shops, amusement/recreation enterprises/indoor and similar uses in the City; and
WHEREAS, the City is desirous of further defining uses that have been reclassified as secondary, including amusement/indoor recreational enterprises and billiards.
WHEREAS, the City Commission finds that it is in the best interests of the health, safety, and welfare of the City and its residents and property owners to delete the current provisions of Chapter 6, Amusements and Entertainments, Article III, entitled “Game Machines,” and replace them in their entireties in order to provide for the conditions for amusements and entertainment, including without limitation mechanical amusement devices and billiards, as secondary uses, which will further the City’s redevelopment efforts and promote the “Hometown USA” character and image of North Lauderdale.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. That the current provisions of Chapter 6, entitled, "Amusements and Entertainments," Article III, entitled “Game Machines” of the Code of Ordinances of the City of North Lauderdale, be, and the same is hereby deleted in their entireties, and replaced as follows:
ARTICLE III. GAME MACHINES AND BILLIARDS
This article
shall be known and cited as the "Comprehensive Game Machine, Coin-Operated
Device and Billiard Ordinance" of the City.
The following
words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
different meaning:
Amusement
center means any business establishment, which offers
mechanical amusement devices to the public.
Billiard hall/pool hall means
any business establishment which offers game tables on which any of several games may be played by driving
small balls against one another or into pockets with a cue.
Billiard/pool
table means an oblong
game table on which any
of several games may be played by driving small balls against one another or
into pockets with a cue.
Mechanical
amusement device or game machine means any
mechanical or electronic machine or device which, upon the insertion of a coin,
slug, token, plate or disc, or other method of payment to operate may be
operated by the public generally, for use as a game, entertainment or amusement,
whether or not registering a score.
Primary
use means the use of 15 percent or more of the gross square
footage of the public use floor area of the establishment, or in any event, the
placement of more than four machines or more than two billiard/pool tables at
any one location.
Secondary
use means the use of less than 15 percent of the gross square
footage of the public use floor area of the establishment, or in any event, the
placement of four or less machines or the placement of two or less
billiard/pool tables at any one location.
Sec. 6-53. Penalties for violations.
Violation of
this article shall be subject to punishment in accordance with the provisions
of section 1-7 of Chapter 1 of the Code of Ordinances or, alternatively, at the
discretion of the City, shall be subject to punishment within the jurisdiction
of the City's Code Enforcement Board or Special Magistrate.
Sec. 6-54. License required.
It shall be
unlawful for any person to set up for operation, operate, lease or distribute
for the purpose of operating any mechanical amusement device, as hereinafter
defined, without first having obtained a license therefor.
Sec. 6-55. Gambling devices prohibited.
Nothing in this
article shall in any way be construed to authorize, license or permit any
gambling devices whatsoever, or any mechanism that has been judicially
determined to be a gambling device, in any way contrary to law, or that may be
contrary to any future laws of the state.
Sec. 6-56. Enforcement of article provisions.
The City Manager,
the Community Development Director, or his designee, the Chief of Police,
police officers and code enforcement officers of the City are hereby directed,
authorized and empowered to enforce the provisions of this article.
Sec. 6-57. Inspections.
The police
services, in addition to the Community Development Department through the Code Enforcement
Division, shall, from time to time, make periodic inspections to ascertain
whether or not there is compliance with the provisions of this article.
Sec. 6-58. Mechanical
amusement devices and billiards.
1.
Amusements and entertainments (indoor) and
billiard/pool halls as a primary use are prohibited within the City.
2.
Amusements and entertainments (indoor) and
billiard/pool halls shall be allowable as a secondary use in a B-2 or B-3
zoning district as a Special Exception Use only in conjunction with the
following primary uses:
a.
Establishments in which the primary income is
derived from serving food, which means more than 60% of its monthly gross
receipts is earned or received from the sale of food. For purposes of
determining whether an establishment is a primary use establishment, the City Manager
shall appoint one or more persons with expertise in the areas of accounting and
bookkeeping, which persons shall have the power to periodically enter such
establishments, during regular business hours, to inspect, examine and review
the establishment's books of account, records, and any other pertinent
documents which will aid in such determination.
b.
Bowling alleys; clubs (civic, private,
non-commercial); hotels and motels; lodge halls; skating rinks; and theater and
motion picture houses.
Sec. 6-59 Special Exception Use Permit
1. Amusement and entertainments (indoor) and
billiard/pool halls shall be allowable as a secondary use under the following
conditions only by special exception use permit of the governing body:
a.
Establishments with at least two thousand (2,000)
gross square feet of public use floor area shall be permitted up to four game machines
with a ratio of not more than one machine per 40 square feet of public use
floor in the secondary use area.
b.
Establishments shall have a minimum of four thousand
(4,000) gross square feet of public use floor area with a ratio of not more
than one billiard/pool table per 600 square feet of gross public use floor area
in the secondary use area; no more than 2 tables allowed.
c.
Establishments with both uses (game machines and
billiards) shall have a minimum of four thousand two hundred sixty-six (4,266)
gross square feet of public use floor area and shall be permitted no more than
four game machines and two billiard/pool tables, occupying less than 15% of the
gross square feet of public use floor area for the secondary use.
d.
Locations shall not be permitted within 1,000 feet
of any parcel of land zoned RS-5, RM-10 or RM-16 or upon which there is an
established public or private school, daycare, public park, public library or
place of worship.
e.
Locations shall not be permitted within 1,000 feet
of another similar establishment
f.
A security guard or supervisor over the age of 21
years shall be employed during non-school hours throughout the regular school
year when the establishment is open for business.
g.
Hours of operation shall be determined by the
governing body but shall not exceed those of the primary business.
Sec. 6-60.
Standards for operation of facilities;
(a)
In addition to the requirements contained in section
6-59, an application for a special exception use permit as a secondary use
establishment shall include an operational plan which, at a minimum, shall be
designed to:
(1)
Avoid nuisances and maintain the quiet enjoyment of
the property in the immediate area.
(2)
Not alter the surrounding business area or its
environment.
(3)
Not lessen the value of the surrounding businesses
nor occupations therein.
(4)
Not create a safety hazard for individuals in the
surrounding area.
(5)
Not be in violation of any City ordinances.
(6)
Prevent loitering, as defined by this Code and state
general law.
(7)
Provide for the availability of bathroom facilities,
as provided for in the
(8)
Provide for safe traffic conditions as set forth in
this Code regarding parking and demonstrate that the proposed use will not
adversely affect traffic conditions so as to create a nuisance.
(9)
Prohibit persons under 17 years of age from using
amusement games/billiard tables during regular school hours, and provide for
the enforcement thereof.
(10)
Specify the minimum number of employees to be on
duty at any time, ensuring the presence of at least one person 21 years of age
or older during the hours of operation.
(11)
Specify the maximum number of persons permitted on
the premises, which number shall not exceed the limit established by the Fire
Department, and/or the
(12)
Designate a specific area for the mechanical
amusement devices or billiard/pool tables and specify the net square footage of
floor area where mechanical amusement devices or billiard/pool tables shall be
located.
(b)
Occupational license certificates which are issued
by the city for such machines and tables shall at all times be posted and/or
attached to such machines and tables and prominently displayed.
Sec. 6-61. When licenses due and payable.
All licenses
shall be due and payable on or before October 1 of each year. No license shall
be issued for any fractional portion of a year, except that any license for a
location may be issued after April 1 and to expire on September 30 of the same
year, upon the payment of one-half of the amount fixed as the price of such
license for one year.
The fees for
such licenses shall be those certain fees set forth by ordinance (see appendix
F).
Section 3. Codification. It is the intention of the City Commission of the City of North Lauderdale that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of North Lauderdale, Florida and that the Sections of this Ordinance may be renumbered, re-lettered and the work "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention.
Section 4. Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance.
Section 5. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
PASSED AND ADOPTED BY THE CITY
COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
_________________________________
SAMUEL S. GOREN
CITY ATTORNEY
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICH MOYLE
_________________________________
C. MILLI DYER, CMC
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