12-1385 Imposing Temporary Moratorium on Game Rooms, Arcades, Internet Cafes, etc.

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(e) In reviewing an appl ication for an exception based upon a c laim 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 s ubstantial 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 m inimum, 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. (g) At the conclusion of the Public Hearing and after reviewing the evidence and testimony placed before it, the City Commission shall act upon the request either to approve, deny, or approve in part and deny in part the request made by the applicant. Ordinance 12 -1385 Page 4