HomeMy WebLinkAboutResolutions 22-04-589 - 04/18/2022 - Moratorium Emergency - Adult BookstoresSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R o� 0 - D `{" —S8 9
' A RESOLUTION OF THE CITY OF MILTON ENACTING A MORATORIUM
TO PROHIBIT THE ACCEPTANCE BY MILTON OF ANY APPLICATION FOR
A BUILDING, LAND DISTURBANCE, OR ANY OTHER FORM OF
REGULATORY PERMIT APPROVAL FOR ANY BUSINESS THAT WILL BE
ENGAGED IN THE DISPLAY AND SALE OF ADULT VIDEO OR PRINTED
MATERIAL AND/OR ADULT INSTRUMENTS, DEVICES, NOVELTIES, AND
PARAPHERNALIA AS DEFINED IN § 64.1 OF THE MILTON ZONING CODE
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WHEREAS, the City of Milton, Georgia ("Milton") is a duly authorized municipal
corporation of the State of Georgia;
WHEREAS, Milton is authorized by general law to adopt clearly reasonable
ordinances, resolutions, or regulations relating to its property, affairs, and local government
for which no provision has been made by general law and which are not inconsistent with
the Constitution or any charter provision applicable thereto;
WHEREAS, § 3.10 of the Milton Charter authorizes the City Council to adopt
resolutions that it deems to be deem necessary, expedient, or helpful for the peace, good
order, protection of life and property, health, welfare, sanitation, comfort, convenience,
prosperity, or well-being of the inhabitants of the City of Milton and may enforce such
ordinances by imposing penalties for violations thereof,
WHEREAS, Milton's Zoning Code (Section 64) defines an adult bookstore as "an
establishment or facility licensed to do business in the city having a minimum of 25 percent
of its stock in trade, for any form of consideration, any one or more of the following
materials:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, videocassettes, CDs, DVDs or other video reproductions, or slides
or other visual representations which are characterized by the depiction or
description of "specified sexual activities" or "specified anatomical areas," as
defined herein; or
(2) Instruments, devices, novelties, toys or other paraphernalia that are designed for
use in connection with "specified sexual activities" as defined herein or otherwise
emulate, simulate, or represent "specified anatomical areas" as defined herein."
WHEREAS, Milton believes that carefully considering and possibly re -defining
what constitutes an "adult bookstore" is critical in safeguarding the public health, safety,
and welfare, and further believes that the current zoning code's threshold of an adult
bookstore having at least 25% of its "stock in trade" being comprised of "adult" items may
be in need of modification;
' WHEREAS, Milton believes that a business may be appropriately deemed an adult
bookstore where less than 25% of its "stock in trade" is adult items;
WHEREAS, Milton believes this is an issue that requires further and immediate
review;
WHEREAS, in order to preserve the status quo while this review and possible code
change is ongoing, Milton believes an immediate moratorium is needed to prohibit the
acceptance by Milton of any applications for a building, land disturbance, or any other form
of regulatory permit for a business wherein any of its `stock in trade' are items otherwise
defined as comprising an adult bookstore, as that term is defined in Section 64-1 of the
Milton zoning code.
NOW THEREFORE IT IS HEREBY RESOLVED BY THE CITY OF
MILTON, as follows:
1. That the preamble of this Resolution is restated herein as if set forth verbatim
and are hereby ratified and made a material part of this Resolution;
2. That commencing immediately upon adoption of this Resolution, there is
hereby imposed a moratorium on the acceptance by Milton and its staff of any building
' permits, land disturbance permits, or any other regulatory permits for a commercial
business where any part of its proposed inventory or `stock in trade' are to be comprised
of adult bookstore items, as that phrase is defined in § 64-1 of the Milton zoning code;
3. For purposes of this moratorium, "any other regulatory permits" shall
include, but not be limited to, a business license under § 12-20 of the Milton Code;
4. For purposes of clarity, this moratorium applies to any business or entity that
plans to display, trade, or sell aU of the following, irrespective of the overall percentage
these items may constitute of that businesses' entire inventory or stock in trade:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, videocassettes, CDs, DVDs or other video reproductions, or slides
or other visual representations which are characterized by the depiction or
description of "specified sexual activities" or "specified anatomical areas," as
defined herein; or
(2) Instruments, devices, novelties, toys or other paraphernalia that are designed for
use in connection with "specified sexual activities" as defined herein or otherwise
emulate, simulate, or represent "specified anatomical areas" as defined herein."
' 5. This moratorium shall expire at midnight on May 16, 2022, unless the
moratorium is extended by further action of the City Council.
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6. This moratorium shall have no affect on applications that have already been
accepted by Milton with a full application fee paid.
SO RESOLVED, the public health, welfare, and safety demanding it. This 18`h day
of April, 2022.
Attest:
City, lerk
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Peyton mison, Mayor