published: Friday, May 11, 2012

Ban on Internet cafes won't be enforced by city until March 2013

Clermont

Ban on Internet cafes won't be enforced by city until March 2013

ROXANNE BROWN | Staff Writer

roxannebrown@dailycommercial.com

A law passed in 2011 was still vexing city officials up until Tuesday night when its enforcement date was extended.

The ordinance in question, passed in November, banned Internet or sweepstakes cafes after a vote to bar "simulated gambling devices." Clermont was the first Lake County city to take a stance on the ordinance, which was patterned after a Seminole County law.

Anticipating that the Florida Legislature would adopt state-wide regulations on Internet cafes, the ordinance gave the lone Internet business in town six months to close down or relocate.

But state measures never made it through the Legislature, and the six-month period ended May 1.

Before Tuesday night's meeting, council members were advised that there could be legal difficulties with enforcing the ban. Therefore, City Attorney Daniel Mantzaris asked members to further delay the enforcement date.

Mantzaris wrote in a recent memo there is "ongoing litigation between Seminole County and various operators of simulated gambling devices regarding the constitutionality of Seminole County's ordinance."

According the Mantzaris, the Seminole County case is now being heard by the Eleventh Circuit Court.

A final hearing on the Seminole County case is not expected until January 2013.

"We believe a continued delay in the enforcement of the city code against existing locations would be prudent and in the best interest of the city," Mantzaris wrote.

Based on the attorney's recommendations, council members unanimously voting to extend the enforcement date of the ban until March 1, 2013.