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Home My WebLink AboutResolutions 22-05-590 - 05/16/2022 - Moratorium EXTENDING - Adult BookstoresSTATE OF GEORGIA RESOLUTION NO. R I COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON ENACTING AND/OR EXTENDING A MORATORIUM PROHIBITING THE ACCEPTANCE BY MILTON OF ANY APPLICATION FOR A BUILDING PERMIT, LAND DISTURBANCE PERMIT, 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 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, on April 18a', the City of Milton instituted a time sensitive moratorium prohibiting until midnight on May 16, 2022, the acceptance of applications for building permits, land disturbance permits, and any other form or kind of regulatory licensure (including business licenses under Milton Code 12-20) related to adult books, magazines, paraphernalia, devices or novelties; WHEREAS, in order to continue the preservation of the status quo while this review and possible code change is ongoing, the City of Milton believes an extended moratorium is necessary; and, WHEREAS, on May 16, 2022, the City of Milton conducted a duly advertised public hearing regarding enacting and/or extending the moratorium prohibiting the acceptance by Milton of any applications for a building, land disturbance, or any other form of regulatory permit for a business wherein aM 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. The proposed moratorium enactment/extension will expire, at the latest, on December 19, 2022. 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 is hereby ratified and made a material part of this Resolution; 2. That commencing immediately upon adoption of this Resolution, and following a duly noticed public hearing, there is hereby imposed/extended 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; ra ' 4. For purposes of clarity, this moratorium applies to any business or entity that plans to display, trade, or sell any 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 the latest, at midnight on December 19, 2022, unless the moratorium is extended by further action of the City Council. This moratorium shall otherwise terminate, at any time, upon a formal vote to terminate by the City Council. Additionally, this moratorium shall terminate automatically with no further action required by the Council immediately following any modification to the definition of ' "adult bookstores" in the Milton Zoning Code. 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 161 day of May, 2022. Approved: Pe on Jamison, Mayor Attest: