12-1371 Imposing Temporary Moratorium on Game Rooms, Arcades, Internet Cafes, etc.

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(d) Notice of the filing of a request for an exception, and the date, time, and place of the hearing thereon shall be published once at least 7 days prior to the hearing in a newspaper of general circulation within the city limits of the City of Casselberry, Florida. (e) In reviewing an application for an exception based upon a claim of extraordinary hardship, the City Commission shall consider, at a minimum, the following criteria: (1) The extent to which the applicant has, prior to the Effective Date of this Ordinance, received City of Casselberry permits or approvals for the game room, arcade, internet cafe, sweepstakes redemption center or similar indoor entertainment and amusement activity. (2) The extent to which the applicant has, prior to the Effective Date of this Ordinance, made a substantial expenditure of money or resources in reliance upon permits or other approvals of the City of Casselberry directly associated with the operation of the game room, arcade, internet cafe, sweepstakes redemption center or similar indoor entertainment and amusement activity. (3) Whether the applicant, prior to the Effective Date of this Ordinance, has contractual commitments in reliance upon permits or other approvals of the City of Casselberry to operate the game room, arcade, internet cafe, sweepstakes redemption center or similar indoor entertainment and amusement activity. (4) Whether the applicant, prior to the Effective Date of this Ordinance, has in reliance upon permits or other approvals of the City of Casselberry incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant cannot meet unless the game room, arcade, internet cafe, sweepstakes redemption center or similar indoor entertainment and amusement activity is permitted or allowed. (5) Whether the moratorium will expose the applicant to substantial monetary liability to third persons; or would leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable investment backed expectation on the real property that is affected by this Ordinance. (f) At a minimum, the City Commission shall consider the following non- exclusive factors under the criteria set forth in subsection (e) above: (1) The history of the property; (2) The history of the commercial, business or any use on the property. Ordinance 12 -1371 Page 4