2010-03-24 SM Exhibits O\�NTY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
p n 230 GOVERNMENT CENTER DRIVE, SUITE 175 -WILMINGTON, NC 28403
7 > (910)798-7149-(_P 10)798-7145 FAX- WWW.NHCGOV COM
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y Jason R.Thompson,Chairman Jonathan Barfield,Jr.,Vice-Chairman
Robert G.Greer,Commissioner•William A.Caster,Commissioner Ted Davis,Jr..Commissioner
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Sheila L.Schult,Clerk to the Board
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Book Li i,Page -7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ESTABLISHING A PUBLIC HEARING FOR THE CONSIDERATION OF A
TEMPORARY MORATORIUM ON CYBER-SWEEPSTAKES GAMING WITHIN
I NINCORPORATED NEW HANOVER COUNTY
WHEREAS,Nortb Carolina General Statute 153A—Article IS authorizes counties to institute temporary moratoria
on any county development approval required by lacy; and
WHEREAS, North Carolina General Statute 153A — Article 18 requires the conduct of a public hearing in
association with the institution of any temporary development moratoria prior to implementation; and
WHEREAS,New Hanover County sees the potential for proliferation of cyber-sweepstakes gaming throughout the
county; and
NN,'HEREAS, the New Hanover County Board of Commissioners wishes to review both the compatibility of these
land uses with the County's plamning documents as well as the effects that the use may have on the surrounding land
uses and area traffic patterns before permitting any additional such uses to locate within the connmunity.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Conur issioners hereby
establishes a public hearing for the consideration of the adoption of a temporary development moratorium on cyber-
s`veepstakes gaming within unincorporated New Hanover County, said hearing to be held on Wednesday. March 24,
2010 at 9:00 a.m., or as soon thereafter as possible, in the New Hanover County Historic Courthouse located at 24
North Third Street,room 301,Wilmington,NC 28401.
ADOPTED this the 24`"day of March, 2010.
NEW HANOVER C
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Jason R Thompson, hairman
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3 ATTEST:
"o' Teresa P.Elmore,Deputy Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ORDINANCE
ESTABLISHING A SIXTY-DAY MORATORIUM ON EXPANSION OF
CYBER-SWEEPSTAKES GAMING WITHIN Exhibit
UNINCORPORATED NEW HANOVER COUNTY Book X/11 Page .
LEGISLATIVE INTENTIPURPOSE:
WHEREAS, New Hanover County (hereafter "the County") is a political subdivision of the State of North
Carolina, invested with the powers enumerated in Chapter 153A of the North Carolina General Statutes;
and
WHEREAS, the County is authorized by North Carolina General Statutes Chapter 153A, Article 18 to plan
and regulate development and the uses of buildings, structures and land within its planning jurisdiction
and pursuant to North Carolina General Statues Chapter 153A-340(h), the County is authorized, under
certain circumstances, to impose a development moratorium; and
WHEREAS, pursuant to North Carolina General Statutes 153A Article 6, the County is given authority to
regulate, prohibit or abate acts, omissions, or conditions detrimental to the health, safety or welfare of its
citizens and the peace and dignity of the County; and
WHEREAS, an "internet cafe," "cybercafe," "cyber-sweepstakes gaming operation," or similar activity, by
whatever name it might be known, (hereinafter"cyber-sweepstakes") is a place where a patron can use a
computer with internet access, usually for a fee based on time of usage, to participate in games of chance
or sweepstakes; and
WHEREAS, these activities can be associated with other permitted uses within the same building or
structure; and
WHEREAS, a cyber-sweepstakes is not specifically listed as a permitted use in the County's Zoning
Ordinance nor is it naturally incident or accessory to any other permitted use; and
WHEREAS, persons wishing to operate a cyber-sweepstakes within the County have been being allowed
to operate as an "indoor recreation establishment"; and
WHEREAS, uses are permitted by-right in the PD Planned Development District; B-1 Business District;
B-2 Business District; 1-1 Industrial District; 1-2 Industrial District and SC Shopping Center zoning districts
and as special use permit in the R-20S Residential District; R-20 Residential District, R-15 Residential
District; R-10 Residential District, 0&1 Office and Institutional District; AR Airport Residential District; AI
Airport Industrial District and RA Rural Agricultural zoning districts; and
WHEREAS, at least 11 cyber-sweepstakes have opened and are in operation throughout the
unincorporated County; and
WHEREAS, the conduct of these businesses revealed characteristics to suggest that such uses may
materially endanger the public health, safety or welfare of the citizens of New Hanover County and
surrounding areas, while substantially injuring the value of adjoining or abutting property, and/or not be in
harmony with the area in which it is located by virtue of the following:
The businesses are operating twenty-four (24) hours a day, generating vehicular and pedestrian
traffic, light and noise disturbing adjoining residential areas at all hours, which was not anticipated
in the County's"indoor recreation establishment" use category.
The rapid proliferation of cyber-sweepstakes throughout the County within the past few months
has raised concern regarding the appropriate locations for these uses.
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The state legislature is considering passing a bill to help regulate cyber-sweepstakes in light of a
recent Court ruling that they were not prohibited as gambling since nothing of value is placed in
the computer terminal.
The County needs to consider how cyber-sweepstakes should be classified on the current New
Hanover County Zoning Ordinance and what protections should be associated with these
activities including but not limited to spacing requirements, parking requirements, regulations
relating to hours of operation, advertising and marketing regulations, potential of such activities to
be injurious to the health, safety and welfare of the citizens of New Hanover County and the
surrounding area, and other matters related to the regulation of similar uses.
WHEREAS, the County would like the opportunity to amend the Zoning Ordinance to address these
issues before additional cyber-sweepstakes begin operation or the current ones expand; and
WHEREAS, the amendment to the Zoning Ordinance has certain statutory time and advertising
requirements making a temporary moratorium the only option for halting further proliferation of cyber-
sweepstakes within the County in the interim; and
WHEREAS, the proposed moratorium would expire after sixty (60) days, or upon adoption of an
ordinance addressing cyber-sweepstakes, whichever occurs first; and
WHEREAS, the schedule, or plan of action, to address the aforementioned issues is as follows:
March 21, 2010
Publication of legal ad for a public hearing with the Planning Board to amend the Zoning
Ordinance;
April 1, 2010
Present proposed ordinance to the Planning Board as required by law; the Planning Board shall
make a recommendation on the subject to the County Commissioners;
April 18, 2010
First publication of legal ad for a public hearing with the County Commissioners to amend the
Zoning Ordinance as required by law;
May 3, 2010
Present proposed ordinance and recommendation of the Planning Board to County
Commissioners for adoption;
May 23, 2010
Expiration of moratorium (if not upon earlier adoption of ordinance).
THEREFORE, BE IT ORDAINED:
THAT a sixty (60) day moratorium is adopted immediately on the establishment, creation,
opening or expansion of a cyber-sweepstakes, or similar activity, whether independent or
incidental to or accessory to any other permitted use;
THAT this moratorium applies to all pending applications for permits to open cyber-sweepstakes
business;
THAT those activities or businesses that have been properly permitted and licensed by the
County may continue to operate as permitted;
THAT this sixty(60) day moratorium shall apply throughout the unincorporated County;
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THAT this sixty (60) day moratorium shall expire upon the adoption of an amendment to the
Zoning Ordinance addressing the use of a cyber-sweepstakes or at midnight on May 23, 2010,
whichever occurs first;
THAT this ordinance shatf become effective immediately upon its adoption.
SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed severable and such holdings shall not affect the validity of the remaining portions hereof.
Adopted this the 24'" day of March, 2010.
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-NJW HANOV C TY
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� Jasonk Thompson, Chairman
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�- Attest:
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Teresa P. Elmore, Deputy Clerk to the Board
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