CC Minutes 08/25/2003 - Laserfiche WebLink

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City Commission Meeting August 25, 2003 Page 7 VII. Second Reading of Ordinance 03-1099 - Adult Entertainment Code Amendments MOTION: Moved by Vice Mayor/Commissioner Al Clark that Ordinance 03-1099, Adult Entertainment Code Amendments, be read by title only. Motion was seconded by Commissioner Susan Doerner and carried unanimously by voice vote. The City Clerk read Ordinance 03-1099 by title as follows: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA AMENDING THE CITY OF CASSELBERRY CODE, SECTIONS 14-84 AND 14-85; REVISING THE LICENSING PROVISIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS BASED ON RECENT CASE LAW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Legal advertisement for the public hearing of Ordinance 03-1099 was published in the Orlando Sentinel on August 14, 2003. Staff Report - Ordinance 03-1099 was introduced to address the Eleventh Circuit Court of Appeals decision in a Cocoa Beach Case that declared inconsistencies in the adult entertainment licensing code unconstitutional. The City Attorney cited two minor features (1) to do away with the thirty (30) day default period for when an application is filed, which would allow the business to open if not acted upon; the courts said this was not appropriate and (2) be more specific regarding the reasons the City can deny an application. The City Commission approved Ordinance 03-1099 on August 11, 2003 on first reading. Staff Recommendation - Approve Ordinance 03-1099 on second reading and final public hearing. Audience Input - John Casselberry, 700 South Lost Lake Lane, Casselberry, Florida, addressed concerns regarding the thirty (30) day time period for thc City Manager to notify applicants of denial, that it should possibly be reduced to ten (10) days. He also addressed concerns about reasons for denial, but was generally in favor of the ordinance. Mayor Bruce Pronovost suggested a modification on page Page 3, Section (a), Line 1, as follows, "....The application does not comply with the requirements of this Article and/or...." (Addition of the word or). The City Attorney agreed.