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THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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ORDINANCE N0 BY<br />

AN ORDINANCE to take effect immediately provided it receives the affirmative<br />

vote of at least five5 members elected to Council otherwise it shall take effect and<br />

be in force at the earliest period allowed by law to place a moratorium on the granting<br />

of permits to operate an Internet Cafe Sweepstakes Gaming Cafe or Computer Game<br />

Center Business for a period not to exceed six months in order to allow Council and the<br />

Lakewood Planning Commission to uridertake a review ofapplicable criminal codes and<br />

the Lakewood Zoning Code relative to these establishments<br />

WHEREAS pursuant tothe Constitutidn of the State ofOhio and the Ohio Revised<br />

Code municipalities have thepower to enact planning and zoning laws that are for the<br />

health safety welfare comfort and peace of the ritizens of the municipality including<br />

restricting areas usedfor businesses and trades and<br />

WHEREAS the City of Lakewood desires to withhold the granting of any occupancy<br />

permit or any other permit to an owner of a business that intends to open or devotes any<br />

floor area to an Internet Cafe Sweepstakes Gaming Cafe or Computer Game Center<br />

Business for a period oftime not to exceed six6 months while it undertakes a review<br />

and or study of the applicable criminal codes and the Lakewood Zoning Code and<br />

WHEREAS it is in the best interest ofthe City to consider if such business models<br />

are legal and if they are legal what areas of the Citywould be appropriate for such use as<br />

well as alternative planning scenarios for the City Lakewood and<br />

WHEREAS the Administration and Council will be able to review relevant criminal<br />

codes and planning zoning laws for the health safety welfare peace and comfort for<br />

the citizens ofthe City of Lakewoodmore effectively if a moratorium is in place allowing<br />

for an educated and informed decision to be made and<br />

WHEREAS Council would like no applications to be accepted for appearance before<br />

the Board of Zoning Appeals Planning Commission or Division of Housing and Building<br />

until atime in which the moratorium has been removed and<br />

WHEREAS this Council by a vote of atleast five 5 members elected thereto<br />

determines that this ordinance is an emergency measure and that this ordinance shall<br />

take effect at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of<br />

the SECOND AMENDED CHARTER OF <strong>THE</strong> <strong>CITY</strong> OF <strong>LAKEWOOD</strong> and that it is necessary<br />

for the immediate preservation ofthe public property health and safety ahd to provide<br />

for the usual daily operation of municipal departments in that Internet cafes are opening<br />

rJ

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