HomeMy WebLinkAboutOrdinance_600_09/07/2005. I I ORDINANCE N0.600
AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING CHAPTER 78, ARTICLE VI, SCHEDULE OF
DISTRICT REGULATIONS, DIVISION 2, SCHEDULE OF USE
REGULATIONS, SECTION 78-177, TO PROVIDE FOR ADULT
ARCADE AMUSEMENT CENTERS AS DEFINED HEREIN, AS A
SPECIAL EXCEPTION USE IN THE C-2 ZONING DISTRICT;
PROVIDING REGULATIONS FOR ADULT ARCADE
AMUSEMENT CENTERS, INCLUDING BUT NOT LIMITED TO,
LOCATIONAL REQUIREMENTS, OPERATIONAL STANDARDS,
SIGNAGE REQUIREMENTS, SUPPLEMENTAL SPECIAL
EXCEPTION REQUIREMENTS, SUPPLEMENTAL
OCCUPATIONAL LICENSING REQUIREMENTS, STANDARDS
OF PATRON CONDUCT, REGISTRATION REQUIREMENTS FOR
MACHINES; AMENDING CHAPTER 70, SECTION 7A-46 TO
ESTABLISH AN OCCUPATIONAL LICENSE FEE OF 52,500.00
FOR ADULT ARCADE AMUSEMENT CENTERS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta has determined
. tat game rooms and/or enterprises offering coin-operated amusements which
e commonly known as adult arcade amusement centers, as defined herein,
duct arcades") at which electronic, mechanical, coin, ticket, token, card, or
her similarly operated, computer, video or other similar games of amusement,
ante or skill are played, whether for consideration or not, require locational
andards and use regulations to protect the public health, safety, morals and
neral welfare; and
WHEREAS, the Planning and Zoning Advisory Board held a public
ng, in accordance with state law on May 5, 2005; and
WHEREAS, it is the intent of this Ordinance to regulate adult arcades that
~quently mimic the look and atmosphere of gambling venues, but are operated
accordance with Chapter 849, Florida Statutes, ("Gambling"); and
WHEREAS, it is also the intent of this Ordinance to negulate the location
adult arcades as a special exception use in the C-2 zoning district within the
lage of Tequesta in conformance with the Village's Comprehensive Plan, to
vide for, restrictions and limitations pertaining to this use to attempt to reduce
negative secondary effects of adult arcades and to advance the public policy
protecting children and the general public welfare; and
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WHEREAS, this Ordinance is not intended and shall not be construed in
way to permit or facilitate any act or activities prohibited by Chapter 849, Fla.
. Moreover, this Ordinance is not intended to expand, in any way, the
~isions of Section 849.161, Fla. Slat., specifically, Chapter 849, Fla. Stat.,
orally, or any other statutes or laws that may in the future be enacted by the
ida Legislature or the federal government, pertaining to adult arcades,
isement games or machines and/or other forms of gambling activities
iucted in adult arcades; and
WHEREAS, the Village Council of the Village of Tequesta has held all
uired public hearings in accordance with the provisions of Chapter 166, Fla.
t. and has provided notice to the public and an opportunity to be heard by the
ilic on this Ordinance and has afforded procedural due process to the public in
enactment hereof; and
WHEREAS, the Village Council of the Village of Tequesta, Florida has
~viously adopted Ordinance 355 as the Official Zoning Ordinance of the Village
Tequesta.
NOW THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF
E VILLAGE OF TEQUESTA, FLORIDA:
• SECTION 1. The whereas clauses are incorporated herein as true and
n'ect findings of fact and conclusions of law of the Village Council.
SECTION 2. Chapter 78, Article VI, Division 2, Section 78-177(d)(17) is
created to read as follows:
Sec. 78-177(d)(17). Adult Arcade Amusement Centers ("adult .arcades")
n a determination by the village council that the proposed use is consistent
the provisions of Section 849.161, Fla. Stat., and subject to the following
itional standards. This regulation shall not apply to bona fide charitable
~nizations that have been awarded Section 501(c)(3), status under the
mal Revenue Code of the United States, and which may operate five (5) or
~r games of amusement, chance or skill on their premises.
(a) Definition. An adult arcade is defined herein as an amusement
er, game room, or other enterprise, at which electronic, mechanical, coin,
~t, token, card, or other similarly operated, computer, video or other similar
es of amusement, chance or skill are played, whether for consideration or
The presence of games or gaming devices that are similar to, or in the
re of, slot machines shall result in a rebuttable presumption that the
blishment at which such machine is located is an adult arcade as defined
in.
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(b) Location. No special exception shall be granted for a new adult
ode or to permit the substantial enlargement or transfer of ownership or
trot of an adult arcade, to be located within 2,500 feet of the property line of a
~erty assigned a land use designation or zoning classification that permits
dential uses, another adult arcade, a public or private school, a day care
lity, a church or house of worship, a public library, an alcoholic beverage
iblishment, or a public park. The required 2,500 feet minimum separation
II be measured by drawing a straight line between the nearest point on the
meter of the property line of the proposed adult arcade use, to the nearest
~erty line of the other existing use. An adu~ arcade shall not be located within
same development, planned unit development, plaza, shopping center, retail
:e or industrial park, as any other adult arcade regardless of the separation
(c) Operational requirements.
Adult arcades shall not be open to the public before 9:00 a.m. or after 9:00
m.
An employee of the adult arcade who is twenty-one (21) years of age or
der, shall be on the premises of the adult arcade to supervise the operation
ereof during all hours of operations.
• ) No alcoholic beverages, including beer or wine, may be brought to, sold,
stributed, or consumed on the premises of any adult arcade.
No person under the age of eighteen (18) years shall be permitted on the
ises of an adult arcade unless such person is accompanied by a parent or
guardian.
An adult arcade shall not discriminate based upon race, creed, gender,
~I origin, religion, or physical handicap.
The use of gift certificates, gift cards, and/or other similar items of value or
substitutes are strictly prohibited.
i Prizes shall be limited to $5.00 retail value per day, and shall be confined
use on the premises.
All machines and devices must comply with state laws, rules, regulations
prohibitions, pertaining to slot machines, and .shall be in full compliance with
ion 849.161, Fla. Stat., as amended.
Law enforcement and village code enforcement officers shall have full
• cress to enter and inspect any machine at any time to ensure compliance with
e provisions of this section, and the requirements of the Florida Statutes.
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The use, operation, or provision of any machine, computer, server, cellular
phone, or wireless, electronic, or other equipment or device, in or upon the
Wises of any adult arcade, for the purpose of gambling, gaming, wagering,
ng, accessing cyber or virtual casinos, Internet gambling websites, lotteries,
o games, or participating in any way in any other gaming or gambling
cities (whether making, transmitting, or receiving bets, wagers, etc.) is strictly
iibited. No owner or operator of any adult arcade shall provide or make
table any such equipment .for use by its patrons and other persons on the
Wises, nor shall the owner or operator permit the use of any such device by
person while on the premises. All state of Florida and Federal Intemet
ping laws, prohibitions, and statutes, as are adopted and may be amended
~ time to time, are hereby incorporated by reference into this section.
1) The violation of any of the provisions of this section shall constitute
efficient grounds for the village council's revocation of the special exception for
e adult arcade.
(d) Signage. The use of any imagery or graphics on a sign referencing
mbling or games of chance including, but not limited to, slot machines, poker
eels, or any other similar machine or device is prohibited and unlawful, when
ible from the exterior of the adult arcade, including, but not limited to, wall
• gnage and window signage. The use of strip, neon or flashing lighting is
ohibited and unlawful.
(e) Parking. The parking requirements for an adult arcade shall be
bed in the development order granting the special exception.
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(f) Supplemental Special Exception Requirements.
following supplemental requirements shall apply to all adult arcades, and
be set forth as conditions of approvals, in all development orders granting a
ial exception for an adult arcade.
The property owner and/or the person or entity operating or conducting
adult arcade shall regularly inform the village manager, or designee, of any
nges in the information required in this section.
No person or entity shall operate or conduct an adult arcade in the village
out first obtaining an occupational license from the village and Palm Beach
nty.
An occupational license for an adu~ arcade use shall not be issued by the
age, if any person with an interest in the enterprise or business operating the
ult arcade, or an employee of the business, has been convicted of a violation
a federal or state law or statute, or any local ordinance pertaining to gambling
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any other crime involving moral turpitude within seven (7) years preceding the
~plication for the special exception.
(g) Supplemental Occupational Licensing Requirements. These
~plemental requirements shall apply to each subsequent owner and operator
an adult arcade operating under a special exception approval. As a
requisite to the issuance of an occupational license for an adult arcade by the
age, an inspection shall be made of the premises by the village manager, or
,ignee, building official, fire chief, chief of police, or their designee, each of
~m must consent. to the issuance of such occupational license. In addition to
requirements of chapter 70 of this code, the applicant for an occupational
nse for an adult arcade, must provide the following information to the
sfaction of the village:
Proof that the applicant for an occupational license for an adult arcade is
least twenty-one years of age.
The name under which the enterprise or business is to be conducted.
The location at which the enterprise or business is to be operated.
The name, address, telephone numbers, date of birth, driver's license
• tuber, and principle occupation of every person with an interest in the
terprise or business of the adu~ arcade.
The number (quantity) of the machines and other such equipment to be
ion the premises of the adult arcade.
A complete description of each machine to be located on the premises of
adult arcade, including at a minimum the name of the manufacturer(s), serial
~bers, name, type, or description of each machine, name of the actual
Her(s) of each machine with address(s) and phone number(s), including any
>on or entity with a financial or an equitable interest, and all UCC financing
Whether the applicant has ever been engaged in operating a gaming or
ding house, card room, games of chance, an amusement arcade, of any
or nature, and when, where, and how long in each place whin the five (5)
> preceding the date of the application.
(h) Machine Registration Requirements. Registration of each
musement device however operated, is required at the time the application for
n occupational license is submitted and the machine registration must be
Hewed annually at the time the occupational license is renewed. For each
• machine registered in the village, a numbered metal or plastic decal shall be
sued by the village to the applicant for each machine and must be prominently
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played by the applicant of where the machine is to be operated in the licensed
~mises, the manufacturer of the machine, the manufacturer's serial number,
~ the software version if any. Registration decals are not transferable from
rson to person, business to business, location to location, or machine to
chine. The registration decal for each machine shall be attached thereto and
plain view at all times. The failure of any machine to display a current
listration decal shall be a violation of this section. and subject to enforcement
:ion by the village. No machine will be eligible for a registration decal if its
gyration involves any material elements of chance unless:
(1) The applicant submits with the application, satisfactory proof that
the applicant has registered with the United States Department of Justice
pursuant to 15 United States Code 1171, and
(2) The applicant submits with the application, all records required by
Federal taw to be maintained by those who register under 15 United
States Code 1171, and certifies the machine bears the permanent
marking required by Federal law.
(3) The applicant shall keep the registered machines, the records of
acquisition, location and disposition required by Federal Law, and records
of prize awards open to law/code enforcement inspection at any time.
(i) Peace Disturbances, Gambling, Intoxicated Persons, Minors.
i tenant, lessee, licensee or owner of any adult arcade, or any servant, agent,
employee of such a licensee or owner, shall permit upon the premises of an
ult arcade, any of the following:
Disorderly persons.
Gambling or the use of, possession, or presence of gambling
raphernalia, as defined in Chapter 849, Fla. Stat., or wagering, betting,
mbling and/or gaming via the Internet, such as in virtual or cyberspace casinos
otherwise, as more specifically prohibited herein.
Intoxicated or substance impaired persons.
Loud noise, sounds or music to emanate from the adult arcade, which
sounds, or music is disturbing to the surrounding properties.
Any tenant, lessee, licensee or owner, or any servant, agent, or employee
an adult arcade, shall be presumed to have permitted the conduct enumerated
this section if it occurs on premises housing an adult arcade .
. SECTION 3. Chapter 70, Section 70-46 of the Village Code of
dinances is hereby amended as follows:
70-46. Tax schedule.
The amount which shall be paid by the several firms, persons or associations
aging in or managing businesses, professions or occupations for which a
use is required is hereby fixed as follows:
EMENTS (OA):
ult arcade amusement centers... $2,500.00
SECTION 4. SEVERABILITY. If any section or portion of a section of this
ante proves to be invalid, unlawful or unconstitutional, it shall not be held to
r the validity, force or effect of any other section or part of this Ordinance.
SECTION 5. CONFLICTS. All ordinances or parts of ordinances in
t herewith are hereby repealed.
SECTION 6. CODIFICATION. It is the intention of the Village Council of
t e Village of Tequesta, Florida, and it is hereby ordained that the provisions of
• t is Ordinance shall become and be made part of the Land Development Code of
e Village of Tequesta; that the Sections of this Ordinance may be renumbered
relettered to accomplish such intention.
SECTION 7. EFFECTIVE DATE. That this Ordinance shall become
ie immediately upon passage and adoption.
THE FOREGOING ORDINANCE was offered by Vice Mayor Watkins, who
its adoption. The Ordinance was seconded by Council Member Resnik
upon being put the vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Humpage
Watkins
aldine A. Genco
card D. Resnik
~ Paterno
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• -I a Mayor thereupon declared the Ordinance duly passed and adopted this 7tn
I y of September, 2005.
Jim Humpage, Mayor
ST:
wen Carlisle ~~~~~`~ OF'TF~~~ii
Ilage Clerk ~~`S~~~POggQI~~%
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