HomeMy Public PortalAbout14-09 Moratorium on New Liquor Establishments Citywide Sponsored by Mayor Taylor
ORDINANCE NO. 14-09
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
TO IMPOSE A MORATORIUM ON NEW LIQUOR
ESTABLISHMENTS CITYWIDE FOR UP TO A YEAR;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka was awarded a community challenge grant FY2011
from the United States Department of Housing and Urban Development to prepare a
comprehensive re-write of the City's Comprehensive Plan, Land Development code, and to
provide a housing and economic development strategy report; and
WHEREAS, the City has been inundated with requests for the establishment of new
Liquor establishments; and
WHEREAS, applications are permitted by right and are not required to seek approvals
by the City Commission nor review by the Planning Council; and
WHEREAS, there is a need for Planning Council review to determine the impact of
these establishments on the general public for recommendation to the City Commission, and
WHEREAS, the City Land Development Code needs to be updated to provide complete
and comprehensive guidance to address applications, zoning issues and distance requirements;
and
WHEREAS, to protect the planning process and the health, safety and welfare of its
citizens while undertaking the re-write of the city Comprehensive Plan and Land Development
Code, the City Commission desires to impose a moratorium on new liquor establishments
citywide for a period up to a year.
ORDINANCE NO. 14-09
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA AS FOLLOWS:
Section 1.The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby adopts a Moratorium
on new liquor establishments citywide for up to a year. The Moratorium shall be in effect for a
period of one (1) year or less from the date of this ordinance, or until such time as the City
Commission determines the Moratorium is no longer needed.
Section 3. REPEALER. All Ordinances or parts of ordinances in conflict herein are
hereby repealed.
Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is
held invalid by a court of competent jurisdiction; such ruling shall not affect the validity of the
remainder of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is re-codified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED THIS 23`d DAY OF,may,2014.
tRAYOR A YLOR
t est to:
4nna Flores
City Clerk
ORDINANCE NO. 14-09
Approved as to form and legal sufficiency:
1
r
Josh S. " 1 er
GRE NSP ON MARDER PA
City Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES