HomeMy WebLinkAboutReg 2005-09-06 Item 6A - Ordinance - TMC Section 8.21 Gambling Offenses COUNCIL AGENDA SYTVOFSIS
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AP Meetzt Date I Prepared by 1 Mayor's review Council review
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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.
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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
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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
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