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CASSI;LBI;RRY CITY COMMISSION Minutes of April 25, 2011-Regular A4eeting Page 5 of 10 Budget Impact: This item has no impact to the City's budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 11-1348 on second and final reading. Public Hearing: Mayor Glancy opened the public hearing relative to Ordinance 11-1348. No one came forward. Mayor Glancy closed the public hearing relative to Ordinance 11-1348. MOTION: Commissioner Doerner moved to approve and adopt Ordinance 11-1348 on second and final reading, as presented. Motion was seconded by Commissioner Solomon. Motion carried unanimously by voice vote 5 - 0. B. First Reading of Ordinance 11-1349 - ULDR Amendment to Provide Criteria for Simulated Gambling Devices The City Clerk read Ordinance 11-1349 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA; AMENDING THE CITY OF CASSELBERRY CODE OF ORDINANCES, PART III, UNIFIED LAND DEVELOPMENT REGULATIONS TO DESIGNATE BUSINESSES THAT USE "SIMULATED GAMBLING DEVICES" AS A "NON-TRADITIONAL USE" BY AMENDING SECTION 2-5.3, LAND USE BY DISTRICTS, TABLE 2-5.3 LAND USE BY DISTRICTS (1); AMENDING SUBSECTION 2-7.30, "NON-TRADITIONAL USES"; AMENDING SECTION 5-21.2, DEFINITION OF TERMS TO INCLUDE THE DEFINITION FOR "NON-TRADITIONAL INDOOR AMUSEMENTS" AND "SIMULATED GAMBLING DEVICE"; PROVIDING FOR CODII'ICATION, SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to Ordinance 11-1349 was published in the Orlando Sentinel on April 14, 2011. Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 11-1349 provides for adding a new land use category entitled "Non-Traditional Indoor Use". The City Commission initially placed a 180-day moratorium in May 2010 on the issuance of permits and licenses for the operation of certain businesses within the City of Casselberry related to game rooms, arcades, internet cafes, sweepstakes redemption centers, and similar indoor enter•taimnent and amusement activities. The current moratorirun will expire on May 4, 2011. On January 10, 2011, Seminole County adopted legislation prohibiting the use of "annulated gambling devices" to eliminate the use of the machines that display casino-type games that result in winning money or losing the money when Borne pays to access the games. The "Internet Cafd" business rrse may stay in operation offering the use of computers for actual internet use. A "simulated gambling device" is defined by Seminole County as "any device that, when comiected with an object, is available to play or operate a computer simulation of any game, and which may deliver or entitle the person or persons playing or operating the device to a payoff." That legislation was immediately challenged by Allied Veterans of the World, Inc. and a Temporary Restraining Order was handed down by the U.S. District Court for the Middle District of Florida (U.S. District Case No. 6:11-cv-155-Or1-28DAB). The 2011 Florida Legislature did not adopt the proposed "Electronic Machines and Devices for Sweepstakes Prohibited Act." The City Attorney stated it may take