HomeMy WebLinkAboutOrdinance 160410 % 20 04A1 "I ~9 RGVD
ORDINANCE NO. ~ Ip D ~ I
AN ORDINANCE EXTENDING A MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR SPECIALIZED CERTIFICATES OF
OCCUPANCY AND OTHER PERMITS FOR SEXUALLY ORIENTED
BUSINESSES, PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on March 2, 2004 the City Council approved Ordinance No 15897
(Mayor and Council Communication G-14285) estabhshmg a moratorium on the acceptance of
certain permit applications for sexually oriented businesses until June 1 2004 at 11.59 p.m.
WHEREAS, on May 25 2004 the City Council approved Ordinance No 15988 (Mayor
and Council Communication G 14367) extending the moratorium on the acceptance of certain
permit applications for sexually oriented businesses until July 30 2004 at 11 59 p.m.
WHEREAS, the moratorium was enacted m order to maintain the status quo while the
City Council studies the effects of sexually oriented businesses and the methods of regulation
that will best control those effects without infringing on the constitutional rights of owners and
operators, including amendments to City ordinances relating to sexually oriented businesses,
WHEREAS, City staff has analyzed legal principles relating to regulation of sexually
oriented businesses, reviewed ordinances enacted by other cities, solicited comments from
citizens and property owners concerning the impacts of sexually oriented businesses, made
presentations to the City Council and Zoning Commission concerning issues relating to
regulation of sexually oriented businesses, and scheduled meetings with neighborhood
representatives, business owners and operators of sexually oriented businesses to discuss the
impacts of sexually oriented businesses and possible amendments to City ordinances,
WHEREAS, rt is contemplated that the Zoning Commission and the City Council will
hold public heanngs to receive comments from interested parties and consider proposed
amendments to the City's sexually oriented business ordinances within the next 60 days,
WHEREAS, all recitals m Ordinance No. 15897 are reaffirmed,
WHEREAS, it is advisable to extend the moratorium to September 29 2004 m order to
allow the Crty to complete the public process for consideration of amendments to ordinances
relating to sexually oriented businesses,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXA5, AS FOLLOWS
SECTION 1
The expiration of the moratorium on the acceptance of applications for building permits,
sign permits, issuance or renewal of specialized certificates of occupancy certificates of
occupancy preliminary plats or any other form of permit, license, approval, certificate or
authorization required by ordinance, regulation or law for establishment of a new sexually
oriented business, expansion, repair or modification of an existing sexually oriented business,
modification of existing on-premise signage or erection of new on-premise signage; operation of
a sexually oriented business, or otherwise relating to a sexually oriented business, enacted
pursuant to Ordinance No 15897 is hereby extended from July 30, 2004 at 11 59 p.m. to
September 29 2004 at 11.59 p.m. or until the Crty Council terminates the moratorium,
whichever occurs first.
SECTION 2.
All provisions of Ordinance No 15897 with the exception of the expiration date
extended by Section 1 of this ordinance, shall remain in full force and effect.
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SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or final decree of a court of competent ~unsdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the Crty Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
~G#~a~i( ~. cQ.e-c...
Assistant ty Attorney
ADOPTED and EFFECTIVE ~ ~~ - U
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/20/2004 Ordinance #16041
DATE Tuesday July 20 2004
LOG NAME. 06MORTSOBEXT2
REFERENCE NO *G-14432
SUBJECT
Extension of Moratorium on Acceptance of Applications for Specialized Certificates of Occupancy
and Other Permits for Sexually Oriented Businesses
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance extending the moratorium on
acceptance of applications for specialized certificates of occupancy and other permits for sexually oriented
businesses from July 30 2004 to September 29 2004
DISCUSSION
On March 2, 2004 the City Council approved Ordinance No 15897 (M & C G-14285) establishing a
moratorium on acceptance of applications for permits relating to sexually oriented businesses. The City's
sexually oriented business ordinances have not been substantially amended since 1993 The moratorium
was established to maintain the status quo while the City considers possible amendments to such
ordinances
On May 25 2004 the City Council .approved Ordinance No 15988 (M & C G-14367) extending the
moratorium on the acceptance of applications for specialized certificates of occupancy and other permits for
sexually oriented businesses from June 1 2004 to July 30 2004 City Staff has analyzed changes in
applicable legal standards and briefed the Zoning Commission and City Council concerning issues relating
to regulation of sexually oriented businesses Meetings were held with neighborhood representatives,
business owners and sexually oriented business operators to discuss the impacts of sexually oriented
businesses and possible ordinance amendments to address such impacts.
On July 26 2004 the Zoning Commission will hold a special hearing to solicit. comments and consider the
proposed revisions. The City Council will hold a public hearing in August prior to the consideration of the
proposed amendments in September Adoption of the attached ordinance will maintain the status quo
during this process.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Dale Fisseler (Acting) (6140)
Originating Department Head. Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
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