Loading...
HomeMy WebLinkAboutReg 2005-09-06 Item 6A - Ordinance - TMC Section 8.21 Gambling Offenses COUNCIL AGENDA SYTVOFSIS d h 0. Luttals ITEMNO. AP Meetzt Date I Prepared by 1 Mayor's review Council review 1 09/06/05 Bb for PB t r f I CAS NUMBER: 05-117 !ORIGINAL AGENDA DATE. 08 -22-05 AGENDA ITEM TITLE Proposed ordinance adopting gambling offenses, by reference, from the Revised Code of Washington (RCW). CATEGORY Dtscusszon Motion IKesolutton Ordinance BZdAward PublicHearzng Other Mtg Date 08 -22 -05 Mtg Date Mtg Date Mtg Date 09 -06 -05 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S The proposed ordinance adopts by reference, certain sections of the RCW, relative to SUMMARY misdemeanor gambling offenses. Such offenses are currently prosecuted by King County. If the proposed ordinance is adopted, such offenses will be prosecuted in the Tukwila Municipal Court. Endorsed by representatives of the Washington State Gambling Commission, the proposed ordinance was reviewed, with no amendments, at the 08 -22 -05 COW meeting. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 08 -22 -05 COW; 08 -15 -05 F S Cmte. RECOMMENDATIONS: SPONSOR/ADMIN Move adoption of the proposed ordinance as presented. CommurEE Same as sponsor. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MPG. DATE 1 RECORD_'OF COUNCIL ACTION 08 -22 -05 I COW: Item discussed. Consensus existed to forward the item to the Regular meeting I On 09- 06 -05. TG. DATE ATTACHMENTS 09 -06 -05 I Proposed Ordinance Final Format. I I I i I I i I 1 ~:f..'I'I..\.LA.......!...lY" ,v~".. ..--,." "'. >If.'" ." "10 ~. ifly T, ~1 S'f-{\{T Q~ ~:i\ ".' d~ ~\I! ". ,. <J1 'q,<P~' .\....~ \ ... ." ..' ,fI t908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING TMC SECTION 8.21, "GAMBLING OFFENSES," AND ADOPTING BY REFERENCE CERTAIN SECTIONS OF THE REVISED CODE OF W ASfIINGTON RELATIVE TO MISDEMEANOR GAMBLING OFFENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. and WHEREAS, there are a number of gambling establislunents within the Tukwila city limits; WHEREAS, in the interest of the public health, safety and welfare, the City Council of the City of Tukwila desires to aqopt by reference certain gambling offenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Gambling Offenses Adopted. TMC Section 8.21, "Gambling Offenses," is hereby created, to read as follows: The following statutes of the State of Washington, as presently constituted or hereinafter amended, are adopted by reference: RCW 9 46.010 RCW 946 0201 RCW 9 46.0205 RCW 9 46.0209 RCW 9 46 0213 RCW 9 46.0217 RCW 9.46.0221 RCW 9 46.0225 RCW 9 46.0229 RCW 946.0233 RCW 9 46.0237 RCW 9.46.0241 RCW 946.0245 RCW 946.0249 RCW 9 46.0253 RCW 9 46.0257 RCW 9 46.0261 RCW 9 46.0265 RCW 9 46.0269 RCW 9 46.0273 RCW 9 46.0277 RCW 9 46.0282 RCW 9 46.0285 RCW 946.0289 RCW 9 46.190 RCW946.193 Legislative declaration. " Amusement game.!' "Bingo." "Bona fide charitable or nonprofit organization." "Bookmaking." "Commercial stimulant." " Commission." "Contest of chance." "Fishing derby" "Fund raising event." "Gambling." "Gambling device." "Gambling information." "Gambling premises." "Gambling record." "Lottery " "Member," "bona fide member" "Player" "Professional gambling." "Punch boards," "pull-tabs." "Raffle." "Social card game." "Thing of value." "Whoever," "person." Violations relating to fraud or deceit. Cities and towns - Ordinance adopting certain sections of chapter - Jurisdiction of courts. Gambling Offenses PB:bjw 8/17/05 1 RCW 9 46.195 RCW 9 46.196 RCW 9 46.1962 RCW946.198 RCW 946.210 RCW 946.215 RCW 9 46.217 RCW 946.222 RCW 9 46.231 RCW 9 46.235 RCW 9.46.240 RCW 9 46.250 RCW 9 46.260 Obstruction of public servant - Penalty Cheating - Defined. Cheating in the second degree. Working in gambling activity without license as violation - Penalty Enforcement - Commission as a law enforcement agency Ownership or interest in gambling device - Penalty - Exceptions. Gambling records - Penalty - Exceptions. Professional gambling in the third degree. Gambling devices, real and personal property - Seizure and forfeiture. Slot machines, antique - Defenses concerning - Presumption created. Gambling infonnation, transmitting or receiving. Gambling property or premises - Common nuisances, abatement - Tennination of interests, licenses - Enforcement. Proof of possession as evidence of knowledge of its character Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, or should any portion of this Ordinance be pre.empted by state or federal law or regulation, such invalidity, unconstitutionality or pre-emption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law PASSED BY TIlE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 2005. A TIEST I AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE ClTY CLERK. PASSED BY TIlE CITY COUNCIL. PUBLISHED' EFFECTIVE DATE. ORDINANCE NO Gambling Offenses PB:bjw 8/17/05 2