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Resolution 2021-31655 RESOLUTION NO. 2021-31655 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING ANY PROPOSED OR PROSPECTIVE STATE LEGISLATION FILED FOR CONSIDERATION DURING THE 2021 LEGISLATIVE SESSION SEEKING TO EXPAND CASINO GAMBLING OPERATIONS IN FLORIDA ("GAMBLING LEGISLATION"), INCLUDING, BUT NOT LIMITED TO ANY ATTEMPT TO (1) SUPERSEDE THE PROHIBITIONS ON GAMBLING AND CASINO OPERATIONS IN THE CITY'S LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN, (2) AUTHORIZE THE TRANSFER OF AN EXISTING GAMBLING OR CASINO LICENSE TO A NEW LOCATION, OR (3) ALLOW AN EXISTING GAMBLING OR CASINO LICENSEE TO OPEN A NEW FACILITY AT A NEW LOCATION UNDER THE EXISTING LICENSE; AND FURTHER, AUTHORIZING THE CITY ATTORNEY TO RETAIN OUTSIDE COUNSEL AS MAY BE NECESSARY TO OPPOSE ANY PROSPECTIVE OR PROPOSED GAMBLING LEGISLATION. WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that "municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law"; and WHEREAS, in 1973, the Florida Legislature enacted the Municipal Home Rule Powers Act, guaranteeing that municipalities shall have the "governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law"; and WHEREAS, the City of Miami Beach has a long-standing policy against casino gambling in Florida as evidenced by the following resolutions: No. 2018-30199, No. 2017- 29846, No. 2014-28529, No. 2011-27812, No. 2008-26927, and No. 2008-26925; and WHEREAS, pursuant to Ordinance Nos. 2017-4104, 2017-4105, and 2017-4125, the City Commission has prohibited casino and gambling uses and operations in all zoning districts and future land use categories in the City; and WHEREAS, inaddition, in 2018, Florida voters overwhelmingly voted for Voter Approval of Casino Gambling Initiative, which amended the Florida Constitution to ensure that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution; and WHEREAS, if gambling interests are allowed to obtain major casino expansion, full scale casino and gambling operations will become commonplace throughout our community and state; and WHEREAS, our community will bear the severe and painful economic and social costs that always accompany expansive gambling, including the misery of individuals and families touched by problem gambling as they are at higher risk of divorce, bankruptcy, child abuse, domestic violence, crime and suicide; and WHEREAS, the false promises of increased revenue and jobs, like the broken promises that accompanied the lottery and other gambling expansions are intended to convince Floridians to make a fool' s gamble with their future; and WHEREAS, the City of Miami Beach desires to continue to be a number one destination for tourism and local growth to the economy by supporting independent hotels, restaurants and entertainment, without the overwhelming introduction of gambling that was responsible for cannibalizing non-gambling businesses and have caused the shuttering of forty percent of all restaurants and one-third of all retail businesses in Atlantic City; and WHEREAS, the negative economic and social effects of gambling operations far outweigh any potential revenues that could be generated if allowed in our community; and WHEREAS, any new gambling operations in South Florida, especially in such close proximity to the City of Miami Beach, could damage the City's brand and image, its vital tourism and hospitality industry, and could cause irreparable harm to the City's quality of life for its residents, businesses, and visitors; and WHEREAS, any expansion of gambling operations in South Florida would have a detrimental impact not only on the City, but the neighborhoods surrounding the proposed gaming facilities, which have taken many years to transform into the thriving business, cultural, art, shopping, and residential destinations of the Design District, Wynwood, and the Edgewater District; and WHEREAS, the City of Miami Beach rejects any expansion of gambling into the City of Miami Beach, and precludes any destination casinos from being authorized in our land development regulations; and WHEREAS, at the March 17, 2021 Commission Meeting, the Mayor and City Commission directed and authorized the City Attorney to retain outside counsel as may be necessary to oppose the prospective or proposed gambling legislation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby strongly oppose any proposed or prospective state legislation filed for consideration during the 2021 Legislative Session seeking to expand casino gambling operations in Florida ("Gambling Legislation"), including, but not limited to any attempt to (1) supersede the prohibitions on gambling and casino operations in the City's land development regulations and comprehensive plan, (2)authorize the transfer of an existing gambling or casino license to a new location, or(3) allow an existing gambling or casino licensee to open a new facility at a new location under the existing license; and further, directing and authorizing the City Attorney to retain outside counsel as may be necessary to oppose the prospective or proposed Gambling Legislation. PASSED AND ADOPTED this /7 day of March ATTEST: Mayor Dan Gelber Rafael E. Grana o, C Clerk (Sponsored by Mayor Dan Gelber) FORM APPROVED LANGUAGE & FOR EXECUTION 3— g�P� c ,ti, City Attorney D WICORMIUTED New Business and Commission Requests- R9 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Mayor Dan Gelber DATE: March 17, 2021 SUBJECT:DISCUSS/TAKE ACTION REGARDING RETAINING OUTSIDE LEGAL COUNSEL TO ASSIST THE CITY AND ITS STATE LOBBYING TEAM IN OPPOSING ANY LEGISLATIVE EFFORTS TO EXPAND GAMBLING WITHIN MIAMI-DADE COUNTY. BACKGROUND/HISTORY The purpose of this discussion is to authorize the Acting City Attorney to retain outside counsel to represent the City's interests and, if necessary, initiate a legal challenge to any action by the Florida Legislature to permit casino gambling in the City of Miami Beach or in Miami-Dade County. In 2017, and pursuant to Ordinance Nos. 2017-4104 and 2017-4125, the City Commission amended the Land Development Regulations and Comprehensive Plan to broadly prohibit casinos and other gambling operations throughout the City. The City Commission's opposition to casino gambling is longstanding, as evidenced by Resolution Nos. 2021-31612, 2018- 30382, 2018-30199, 2017-29846, 2014-28529, 2011-27812, 2008-26927, and 2008-26925. Any expansion of casino gambling, whether in Miami-Dade County or in Miami Beach, would impose grave economic and social costs on our community. Gambling is fundamentally incompatible with the City's residential neighborhoods, historic character, and vibrant economy. Moreover, gambling would impede the City's efforts to raise its profile as a cultural destination. Given that gambling is already prohibited throughout the City, any action by the Florida Legislature to permit a casino or other gambling operation in Miami Beach would infringe upon the City's home rule.Accordingly, I am seeking the support of the City Commission to authorize the Acting City Attorney to retain outside counsel to monitor and, if necessary, initiate a challenge to any gambling-related legislation introduced or adopted during the 2021 legislative session. SUPPORTING SURVEY DATA N/A Applicable Area Page 2121 of 2284 Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Mayor Dan Gelber Page 2122 of 2284