CITY OF COCOA BEACH DEPARTMENT OF DEVELOPMENT SERVICES PLANNING BOARD BRIEFING For Meeting Scheduled for June 3, 2013 Agenda Item B3

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1 CITY OF COCOA BEACH DEPARTMENT OF DEVELOPMENT SERVICES PLANNING BOARD BRIEFING For Meeting Scheduled for June 3, 2013 Agenda Item B3 REGARD: Land Development Code Text Amendment LDC Chapter II, Article II, Gambling PUBLIC HEARING on Ordinance 1565-PB Date of Briefing: May 28, 2013 Report Preparation Written by: Anthony Caravella, AICP, Director of Development Services A. Background/Summary At the City Commission meeting on November 15, 2012 meeting, Commissioner Williams requested consensus of the City Commission to direct City Staff and the City Attorney to investigate the possibility of adopting an ordinance related to prohibiting casinos and certain amusement and entertainment game systems within the City of Cocoa Beach. Based on that direction, the City Attorney has drafted revisions to the both the City Code and Land Development Code. The revisions to the Land Development Code are the subject of this public hearing and the draft ordinance is presented as Attachment A. For the Board s information the applicable City regulations are presented as Attachment B. B. Staff Review Staff has reviewed the draft ordinance in coordination with the City Attorney s office and finds the proposed changes would implement the direction of the City Commission. C. Planning Board Review and Recommendation: The Planning Board has not held a workshop on this item but it has been a placeholder item on your agenda for the last few months. The Board is asked to consider this ordinance and provide recommendation (following public hearing) to the City Commission. K:\userdata\SHARED\Building Department\ORDIN\Gambling ( )\PB Staff Gambling Ord 1565 (PB ).docx

2 An amendment to the Land Development Code (LDC) must be processed in accordance with provisions of LDC Section 5-64, including review by the Planning Board, and their recommendation to the City Commission. After Planning Board review and public hearing, the selected ordinance will be forwarded to the City Commission for public hearing and possible adoption. For the Board s information, this ordinance will require two advertised public hearings before the City Commission, since the ordinance deals with allowable uses in zoning districts. Attachments A. Draft Ordinance 1565-PB B. City Code Chapter 8, Article II. Planning Board Briefing 6/3/2013 meeting Draft Ordinance No PB Gambling - 2 -

3 THE FOLLOWING THREE (3) PAGES ARE: ATTACHMENT A Draft Ordinance 1565-PB Land Development Code Text Amendment Regarding Gambling Establishments Planning Board Briefing 6/3/2013 meeting Draft Ordinance No PB Gambling

4 ORDINANCE NO PB AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING APPENDIX B, LAND DEVELOPMENT CODE, BY AMENDING CHAPTER II, DEFINITIONS, ARTICLE II, DEFINITIONS, TO DEFINE GAMBLING; BY AMENDING SECTION 3.02, RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES PERMITTED USES, OF ARTICLE I, GENERALLY, OF CHAPTER III, ZONING, TO PROHIBIT GAMBLING IN ZONING DISTRICTS IN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. 1 WHEREAS, Chapter 849, Florida Statutes (2012), prohibits all forms of unlicensed gambling, including lotteries, Bingo, cards and slot machines, as further set forth in the aforementioned Chapter; and WHEREAS, the City Code currently regulates those games, machines or devices which are unlawful under chapter 849, Florida Statutes; and WHEREAS, the City Commission finds that the Comprehensive Plan of the City of Cocoa Beach promotes the development of the City as a family friendly tourist oriented small town beach community; and WHEREAS, the City Commission finds that the City Comprehensive Plan sets forth policies requiring the protection of residential uses, whether single-family or multi0family and transient tourist residential uses, from the encroachment of incompatible commercial development and uses; and WHEREAS, the City Commission finds that numerous studies have shown that commercial gambling establishments can bring increased crime, greater traffic, noise and other nuisance impacts to the area in which the gambling establishment in located, which impacts are incompatible with residential uses; and WHEREAS, given the geographical location of the City and its narrow width, the City has developed with a necessary intermingling of commercial and residential uses; and WHEREAS, the City Commission finds gambling establishments to be a use which is incompatible with residential uses; and WHEREAS, due to the close proximity of residential uses and commercial uses throughout the city, the City Commission finds that gambling establishments should not be an allowed use in the city. WHEREAS, the City Commission finds that it is necessary to revise the Land Development Code to accomplish the tasks set forth above; and NOW, THEREFORE, BE IT ORDAINED BY the City Commission of the City of Cocoa Beach, Florida: SECTION 1: The above recitals are true and correct and by this reference are hereby incorporated and made an integral part hereof as though fully set forth herein. 1 Because of late changes to Section 3.02, the Ordinance title to be advertised before the City Commission will read AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING APPENDIX B, LAND DEVELOPMENT CODE, BY AMENDING CHAPTER II, DEFINITIONS, ARTICLE II, DEFINITIONS, TO DEFINE GAMBLING; BY AMENDING CHAPTER III, ZONING, ARTICLE I, GENERALLY, BY REVISING THE TITLE OF SECTION 3.02, RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES PERMITTED USES, TO RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES AND PERMITTED USES, AND AMENDING SAID SECTION TO PROHIBIT GAMBLING IN ZONING DISTRICTS IN THE CITY; PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. K:\userdata\SHARED\Building Department\ORDIN\Gambling ( )\CCB Gambling Ordinance 1565 LDC-CityAttorney ( ).docx

5 SECTION 2: Appendix B, Land Development Code, Chapter 2 Definitions, Article 2 Definitions, of the Land Development Code of the City of Cocoa Beach, Florida is amended to add the following definition (# 98.5): Gambling. Gambling shall mean participation, which shall include setting up, promoting, playing, participating, staking, betting or wagering, knowingly aiding, assisting or abetting, in the following events: (i) those games of cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value; (ii) any game or drawing of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest therein; and (iii) any trial or contest of skill, speed or power or endurance of human or beast. The intent of the definition is to prohibit commercialized gambling, including but not limited to Las Vegas-style casinos, professional card rooms and internet gambling style cafes. It is not intended to include permitted lotteries, such as the state lottery, bingo games, such as those organized by charitable, nonprofit or veterans organizations, penny-ante games, including but not limited to those games operated solely in a personal dwelling (e.g. neighborhood poker game), bowling tournaments, arcade style games wherein coupons or points may be exchanged for merchandise only, or game promotions in connection with, and incidental to, the sale of legitimate products or services or legitimate promotional giveaways. SECTION 3: Appendix B, Land Development Code, Chapter 3 Zoning, Article 1 Generally, Section 3.02 of the Land Development Code of the City of Cocoa Beach, Florida is amended to read as follows: Section Rules for interpretation of district boundaries and permitted uses. Where uncertainty exists as In regard to boundaries of any district shown on the official zoning map and to permitted, special exception or prohibited uses, the following rules shall apply: A. Where such district boundaries are indicated as approximately following street, alley or lot lines, such lines shall be construed to be such boundaries. B. In unsubdivided property, where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the original zoning map. C. Boundaries indicated as following the shoreline and/or high water line shall be construed to follow such shoreline and/or high water line, and in the event of natural change in the shoreline and/or high water line, shall be construed as moving with the actual shoreline and/or water line. D. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to such parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment when stated in the published public notice of said vacation or abandonment. E. Distances not specially indicated on the official zoning map shall be determined by the scale of the map. 2 Highlighted additions by staff for clarification Ordinance No Land Development Code Re: Gambling Page 2 of 3

6 F. Territory which may hereafter be annexed to the City of Cocoa Beach shall be classified in accordance with state law until otherwise changed by ordinance as provided herein, unless such property has already been given a preliminary zoning district designation in the comprehensive plan for the City of Cocoa Beach. In the latter instance, such property may be annexed with zoning designation as indicated on such plan, after review of such designation by the planning board. G. Where physical and/or other features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A. through F. above, the planning board shall interpret the district boundaries. H. Any use not specifically listed as permitted or special exception is prohibited. I. Gambling, as defined in this Land Development Code, shall be deemed a specifically prohibited use. SECTION 4: Severability. If any provisions of this Ordinance or the application thereof to any circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared severable. SECTION 5: Interpretation of this Ordinance. The following rules shall be utilized: Terms underlined are additions to the existing text. Terms stricken through are deletions from the existing text. SECTION 6: Conflicts. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 7: This Ordinance shall become effective upon adoption. ADOPTED at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, Dave Netterstrom Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published : Ordinance No Land Development Code Re: Gambling Page 3 of 3

7 Cocoa Beach Code of Ordinances CHAPTER 8 AMUSEMENTS AND ENTERTAINMENT ARTICLE II. - SLOT MACHINES OR DEVICES Sec Purpose and intent; findings; jurisdiction; statutory authority. The purpose of this article is to regulate, within the City of Cocoa Beach, Florida, those games, machines or devices which are unlawful under Chapter 849, Florida Statutes, because the machines are slot machines or devices as defined herein and in Chapter 849, Florida Statutes. The city commission finds that evidence has been propounded indicating that slot machines or devices can lead to gambling addictions, along with the secondary consequences that such addictions impose upon the community, including increases in crime, debt, suicide and other negative effects on the health, safety, morals and welfare of the residents and visitors to the areas where these devices exist. By law, local governments have all powers of self-government which do not conflict with Florida laws, including those police powers sufficient to eliminate public nuisances and regulate activities which would otherwise cause harm to the public. Pursuant to Section 1.01 of the City Charter, the city commission hereby intends to regulate slot machines or devices to accomplish the purposes set-forth above. (Ord. No. 1380, 1, ) Sec Definitions. 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: Slot machines or devices mean an amusement machine, device, game or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a game, contest of skill or amusement of any description, which device, machine, game or instrument is similar to, or in the nature of a casino-type slot machine. This definition is not intended to and specifically does not include merchandise vending machines, coin-operated mechanical or electrical musical instruments or devices, or coin-operated amusement devices which are not in the nature of, or similar to, casino-type slot machines. Casino-type slot machine means, for the purposes of this article, a machine, device, game or instrument which is prohibited by Section , Florida Statutes, and which, by means of skill or chance, or both, has as its object the lining up of two (2) or more colors, lights, or spinning objects, or any combination thereof. (Ord. No. 1380, 1, ) Sec Slot machines or devices prohibited. (a) It shall be unlawful to have, own, operate, use, or allow another to have, own, operate or use a slot machine or device in the City of Cocoa Beach, and slot machines or devices are hereby prohibited in the City of Cocoa Beach. (b) No occupational licenses shall be issued by the city for any business or organization which proposes to operate a slot machine or device in the city, and no occupational license shall be issued by the city for a slot machine or device. (c) This article shall not be construed to amend the Cocoa Beach Land Development Code, or any other land development regulation or ordinance in effect in the city. (Ord. No. 1380, 1, ) ATTACHMENT B (1 of 1) City Code Chapter 8, Article II Planning Board Briefing 6/3/2013 meeting Draft Ordinance No PB Gambling