Explanation
The City of Columbus has experienced a proliferation of Adult Gaming Parlors that utilize computer terminals or stand-alone machines also referred to as "sweepstakes terminal devices." These devices allow a participant to play a game in return for a prize or item of value. Currently, there is no state regulation or oversight of these types of businesses, allowing them to exploit a glaring loophole in state gaming laws.
The Ohio Legislature has failed to act on legislation that will require these businesses to be licensed and regulated by the Ohio Casino Control Commission. The state's continued failure to regulate Adult Gaming Parlors has created a legal quagmire for cities across Ohio. In addition, judges across the state have issued conflicting rulings regarding the legality of these establishments. Absent action by the state or this muncipality, law enforcement, consumers, and charities cannot operate in a fair, consistent legal environment.
Municipalities have the power to enact planning and zoning laws that are for the health, safety, and welfare, comfort and peace of the municipality. At this time, Adult Gaming Parlors are not specifically listed as a permitted use in the City's zoning code.
City Council has reviewed these operations since the enactment of a moratorium on October 24, 2011, and, finds it necessary to extend the moratorium by 90 days with the express purpose of considering options including the regulation or banning of Adult Gaming Parlors in the City of Columbus.
It is for this reason that City Council is directing the Director of Building and Zoning Services to extend by 90 days a moratorium on the processing, or approval of any application for a certificate of zoning clearance, building occupancy permit, or any other permit or approval required under the Zoning Code or the Building Code, for any premises upon which, or building in which, any sweepstakes terminal device is, or is proposed to be, located.
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