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HomeMy WebLinkAboutMemorandumOUTSIDE COUNSEL MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Outside Counsel DATE: April 22, 2021 RE: City Commission Meeting — March 25, 2021 Resolution directing the City Manager to propose a text amendment to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, to effectuate a ban on gambling, subject to certain exceptions. File No.: 8705 The attached proposed Resolution directs the City Manager to place on two (2) subsequent City Commission agendas an ordinance adopting a text change to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") to effectuate a ban on gambling, subject to certain exceptions, all in a form acceptable to Outside Counsel. Outside Counsel has approved the recommendation of this proposed Resolution as to form and legality. cc: Arthur Noriega, V, City Manager Miriam Santana, Agenda Coordinator OC Attachment(s) 8705 Exhibit A Attachment(s) 8705 Exhibit A 4 City of Miami r Legislation " $ ` Resolution Enactment Number: R-21-0173 File Number: 8705 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER TO PLACE ON TWO (2) SUBSEQUENT CITY COMMISSION AGENDAS AN ORDINANCE ADOPTING A TEXT CHANGE TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EFFECTUATE A BAN ON GAMBLING, SUBJECT TO CERTAIN EXCEPTIONS. WHEREAS, the City of Miami ("City") has an interest in regulating prospective gambling activities in the City to protect the health, safety and welfare of its citizens; and WHEREAS, the City has additional concerns regarding the State of Florida's efforts to explicitly preempt local governments with respect to the regulation of permissible gambling activities; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby directed to place on two (2) subsequent City Commission agendas an amendment to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to effectuate a ban on gambling within City limits, subject to certain exceptions, containing language substantially in the form as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: OUTSIDE COUNSEL 3/16/2021 Outsode Counsel Outside Counsel 3/1612021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.