Proposed Ordinance 2024-12

NOTICE is hereby given the City Commission of the City of Palatka, Florida, will consider the enactment of the following Ordinance 2024-12:

AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, REVISING MUNICIPAL CODE CHAPTER 94 SECTION 94-209, BANNING INTERNET CAFES AND OTHER UNLAWFUL SIMULATED GAMBLING DEVICES FOR COMMERCIAL, PROMOTIONAL OR PECUNIARY GAIN OR LOSS, PROVIDING FOR EXEMPTIONS, ENFORCEMENT AND PENALTIES, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SCRIVNER'S ERRORS.

at its meetings to be held at 6:00 PM on September 12 and September 26, 2024 at City Hall, 201 N. 2^nd St., Palatka, Florida. Said proposed Ordinance may be inspected by the public at City Hall during regular hours of business. All interested persons are hereby advised of such consideration by the City Commission and all interested parties may appear at said meeting at said time and place and be heard with respect to the proposed ordinance. A business impact estimate is posted below. This notice is given in accordance with F.S. 166.041.

Business Impact Estimate

This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published.

Proposed ordinance's title/reference: "Internet Café Ban." More specifically:

AN ORDINANCE OF THE CITY OF PALATKA, FLORIDA, CREATING MUNICIPAL CODE CHAPTER 59, SECTION 59-1 THROUGH 59-6, BANNING INTERNET CAFES AND OTHER UNLAWFUL SIMULATED GAMBLING DEVICES FOR COMMERCIAL, PROMOTIONAL OR PECUNIARY GAIN OR LOSS, PROVIDING FOR EXEMPTIONS, ENFORCEMENT AND PENALTIES, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SCRIVNER'S ERRORS.

This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City of Palatka is of the view that a business impact estimate is not required by state law[1] for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting.

☒ The proposed ordinance is required for compliance with Federal or State law or regulation;

☐ The proposed ordinance relates to the issuance or refinancing of debt;

☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;

☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government;

☐ The proposed ordinance is an emergency ordinance;

☐ The ordinance relates to procurement; or

☒ The proposed ordinance is enacted to implement the following:

a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits;

b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;

c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or

d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.

In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information:

1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The Internet Café Ban ordinance seeks to prohibit the unregulated gaming centers that have been operating in the City of Palatka. The Cafes are increasingly posing a threat to public safety and have become localized areas of crime, placing the residents of the City of Palatka at risk to increased criminal activity and compromising the welfare of the City.

2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City, if any:

(a) An estimate of direct compliance costs that businesses may reasonably incur;

(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and

(c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs.

It is anticipated the ordinance will directly impact all internet cafes within the City of Palatka. Civil penalties will be assessed at $250.00 per violation per day. If the violator managers, supervises, maintains, provides, produces, possesses or uses five (5) or more simulated gaming devices the violations can be reclassified as a misdemeanor of the second degree and the fine increases to $500.

3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is anticipated that approximately three (3) businesses will be impacted by the proposed ordinance.

4. Additional information the governing body deems useful (if any): In 2013, Governor Rick Scott signed a bill banning gaming centers; however, state officials left enforcement of the law in the hands of local officials. While many counties and cities throughout the state adopted internet café bans, Palatka allowed the businesses to continue to operate unregulated. Internet cafes in Palatka have been posing an increased threat to public safety and have become localized areas of crime. The cafes create an unsafe environment for surrounding businesses because of criminal activity and frequently serve as a front for illegal activity.

[1] See Section 166.041(4)(c), Florida Statutes.

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