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Reso 2017-2679
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Reso 2017-2679
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Last modified
5/3/2017 3:52:19 PM
Creation date
4/5/2017 10:55:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2679
Date (mm/dd/yyyy)
03/16/2017
Description
Oppose House Bill 17 & Senate Bill 1158 Seek to Preempt Local Reg of Bus & Profession
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• adult entertainment and night club establishments, spacing between alcohol sales <br /> establishments and schools, religious facilities; and residences, and hours of <br /> operation for certain uses that operate near single family residences; <br /> • minors, including those that prohibit the sale of tobacco products to persons under <br /> 18 years of age; <br /> • consumer protection and unfair/deceptive practices, including regulations on <br /> false/misleading advertising, food product packaging/labeling, price <br /> misrepresentation, maximum non-consent tow rates, and non-discrimination in <br /> tipping; <br /> • business licensing, including regulations for pain management clinics that require <br /> fingerprinting and background checks for the protection of the public; <br /> • notice, disclosure, and signage requirements, including those relating to gasoline <br /> prices, rental car agencies, alcoholic beverages, check cashing fees; <br /> • wage theft; <br /> • the prevention of unreasonable loud noises; <br /> • historic preservation, including regulations that preserve historic districts and draw <br /> tourism; <br /> • art in public places for the benefit of the community; <br /> • emergency vehicles, taxis, limousines, jitneys, and transportation network <br /> companies; <br /> • commercial signage and signage on commercial buildings; <br /> • placement and merchandising of tobacco products and e-cigarettes; and <br /> • the environment, including regulations that prevent sanitary nuisances, such as <br /> untreated or improperly treated human waste, garbage, and dead animals. <br /> WHEREAS, Senate Bill 1158 takes a similarly broad sweep to House Bill 17 and provides <br /> that unless otherwise expressly authorized by special or general law, after January 1, 2017 local <br /> governments would be precluded from enacting regulations that: <br /> • ban the sale of good or service; <br /> • impose a penalty on the sale of a good or service; <br /> • require employer to pay any or all of its employees a wage rate not otherwise <br /> required under a special, general, or federal law, or <br /> • interfere with the regulation of commerce, trade, or labor outside the territorial <br /> boundaries of a local government, private sector investment, business <br /> competitiveness, productivity, or innovation within the county or outside its <br /> territorial boundaries; and <br /> WHEREAS, under the language above Senate Bill 1158 could potentially prevent local <br /> governments from enacting or amending regulations that encourage local and regional economic <br /> development , protect the distinguishing aesthetics and other features of local areas that attract <br /> tourists, and prevent discrimination; and <br /> WHEREAS, local zoning authority is a fundamental power through which local <br /> communities regulate where industrial, commercial, residential, and other uses should be located <br /> Page 2 of 4 <br /> Reso opposing SB 1158 and HB 17 <br />
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