AGENDA REQUEST AGENDA HEADING: Agenda Items BY City Attorney Originating Department COMMISSION MEETING DATE: April 23, 2013 Robert Fournier Department Head AGENDA ITEM NO: I.2. City Attorney Fournier Presenter SUBJECT: Report Re: Moratorium on approval of conditional use permits for bars, taverns and nightclubs COMMISSION PRIORITIES: Business Requirement EXPLANATION: See attached memorandum from City Attorney ADMINISTRATION'S RECOMMENDATION: N/A APPROVAL SUMMARY: Approval Department Head Approval City Auditor and Clerk Approval Required Date Completed Y 04/17/2013 Y 04/18/2013 Completed By Robert Fournier Pamela Nadalini Status APPROVED APPROVED AGENDA REQUEST ADDITIONAL EXPLANATION: ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: HOUSING IMPACT (Per House): AMOUNT: NEW CONSTRUCTION: $0 SUPPORT DEPARTMENTS: City Auditor and Clerk - Pamela M. Nadalini AGENDA DISPOSITION COMMISSION ACTION: Final Action Motion: Motion By: Second By: Vote: 2 REHABILITATION: $0 MEMORANDUM To: City Commission From: Robert M. ournier, City Attornefi Q, Re: Report on Moratorium Date: April 17, 2013 The subject of imposing a moratorium on new bars, taverns and was raised at the regular City Commission meeting this past Monday without prior public notice and without prior notice to this office. Ultimately, the Commission requested that I make a report at the special meeting to be held on April 23, 2013 addressing the procedural and substantive legal issues inherent in the imposition of such a moratorium. We are presently conducting the legal research necessary to make this presentation. It was my intention to make this report to the City Commission under the "Remarks" portion of the agenda where the charter officials a.re allowed to present reports or make comments to the City Commission. However, today I was advised that Commissioner Turner called the City Clerk's Office to direct that the moratorium appear as an item on the agenda because there would be citizens who wished to speak to the item. In order to comply with this directive, I have prepared an Agenda Request for the item. I have no back up information to submit for the item. I will not have any back up information to submit before Tuesday because the short time frame allowed to make the report is insufficient to enable me to prepare anything in writing. I certainly have no interest whatsoever in preventing any citizen who wishes to speak to this item (or to any other item) from doing do. However, I would like to call the following matters to the attention of the City Commission at this time. 1. Assumingthat the City Commission desires to impose a moratorium, it will not be possible to do so on April 23, 2013. The item would have to be scheduled for a future City Commission meeting at a duly notice public hearing. 2. As of the above date, I have not yet reached an opinion as to whether there is a legally sufficient justification to impose a moratorium and whether the applicable legal standard for doing so could be satisfied.