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RESOLUTION-2021-R-14ESTABLISHING A TERMPORARY MORATORIUM ON CERTAIN NEW BUSINESSES WITHIN THE CITY OF IRONDALE, ALABAMAWHEREAS, it is the responsibility of the City Council as the governing body of the City of Irondale (“City”) to set policies and enact regulations which improve the quality of life for everyone who lives, works, or does business in the City and to attract new residents and new and diverse businesses and industry to become a part of the City of Irondale; andWHEREAS, it is an inherent function of the City of Irondale to facilitate growth and diversification of the City’s economic platform through business recruitment, retention, and expansion; andWHEREAS, the City has experienced a proliferation of businesses, including those which are licensed and authorized to operate under Title 5 of the Alabama Code, Chapter 18A Deferred Presentment Services Act and Title 5 of the Alabama Code, Chapter 19A Alabama Pawn Shop Act a/k/a Title Pawn Loan business, Payday Loan business, Payday Advance business, and Car Title Loan business; andWHEREAS, the Council finds that the over development of payday loan or advance, car title loan, check cashing, pawn shop, or cash-and-go businesses within the territorial confines of the Irondale city limits would be detrimental to the City’s development and effectively limit the ability of the City to attract diverse types of business; andWHEREAS, it is in the best interest of the overall economic development of the City of Irondale to provide for orderly growth and balance the development of these businesses in order to have a diverse and stable economy; andWHEREAS, the Council finds it necessary, proper and in the public interest to reassess its present zoning ordinance, policies and procedures concerning the location of payday loan or advance, car title loan, check cashing or cash-and-go, and pawn shop businesses; and WHEREAS, the City has undertaken to update its Comprehensive Plan and, after the update of its Comprehensive Plan, to update its current zoning ordinance; and WHEREAS, the Council requests that the City’s Planning and Zoning Commission assist the City Council during the upcoming City of Irondale Comprehensive Plan update initiative and subsequent revisions of its zoning ordinance to evaluate the current mix of businesses in Irondale and to plan for the related needs of the city; andWHEREAS, for the reasons stated above, the Council finds and determines that it is necessary for the protection of health, safety, comfort and the general welfare of the citizens of the City of Irondale and in the best interest of the City, to declare a moratorium on the issuance of business licenses for payday loan or advance, car title loan, check cashing or cash-and-go, and pawn shop businesses, while the City researches, studies, reviews, and enacts its updated Comprehensive Plan and updates its zoning ordinance.NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Irondale, in regular meeting duly assembled, a quorum being present, as follows:Section 1. ONE YEAR MORATORIUM ON CERTAIN BUSINESSES. There is hereby declared a moratorium on the issuance of business licenses under the City of Irondale’s Business License Code for any enterprise whose primary business activity is payday loan or advance, car title loan, check cashing or cash-and-go, and pawn shop businesses for a period of one (1) year from the effective date of this resolution. This moratorium shall go into effect immediately upon its passage and may be extended by the City Council as deemed necessary and appropriate.Section 2. APPLICABLE TO CURRENT AND NEW LICENSES; LIMITATIONS. During the period of the moratorium, business license applications (other than for renewal) for businesses that are the subject of this moratorium shall not be accepted and no new licenses for such businesses shall be issued. This moratorium is not intended to and shall not impact a business of the type(s) described herein that is currently operating within the City of Irondale, unless such business: (1) ceases operation for a period of sixty (60) days or more, (2) has an expired business license that was not timely renewed, and/or (3) seeks a change in location within the City of Irondale; in any of the foregoing events, the business shall then be subject to the moratorium imposed by this resolution.ADOPTED & APPROVED: This 17th day of February, 2021._______________________________David Spivey, City Council PresidentAPPROVED:__________________________________James D. Stewart, Jr., MayorATTESTED:__________________________________Frank Pennington, Acting City ClerkCERTIFICATIONI, Frank Pennington, Acting City Clerk of the City of Irondale, Alabama, hereby certify that the above to be a true and correct copy of a resolution adopted by the City Council of the City of Irondale at its regular meeting held on February 17, 2021, as same appears in the minutes of record of said meeting.__________________________________Frank Pennington, Acting City Clerk ................
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