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Home My WebLink AboutCOW 2005-08-22 Item 5B - Ordinance - Gambling Offenses COUNCIL A ENDA Siwosi del �j J .as.�c �s I {t ITEMNO. tttal ,z „.4011: i y Meeting Date .P pared by 1 Mayor;r review Council review tir w. f 08/22/05 E I> B I 1 eau 1 90 8 1 1 1 1 ITEM INFORMATION I CAS NUMBER: 05-117 1 ORIGINAL AGENDA DATE: 08-22 -05 AGENDA ITEM TITLE Proposed ordinance adopting gambling offenses, by reference, from the Revised Code of Washington (RCW). CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date Mtg Date Mtg Date Mtg Date 08-22-05 A4tg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Proposed ordinance adopts by reference certain sections of the RCW relative to SUM fARY misdemeanor gambling offenses. Currently prosecuted in King County, such offenses would be prosecuted in the Tukwila Municipal Court if Council adopts the ordinance. The proposed ordinance is endorsed by the Washington State Gambling Commission. REVIEWED BY COW IVItg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: Finance Safety Committee meeting 08 -15 -05 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt proposed ordinance as presented. COMMIT I E Same as sponsor. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments. I MTG. DATE 1 RECORD OF COUNCIL ACTION I 08 -22 -05 I i 1 MTG. DATE 1 ATTACHMENTS 08 -22 -05 I Memorandum dated 08 -11 -05 from Peter Beckwith to Finance Safety Committee I Proposed ordinance draft format It 5 111111,1 d.n t0 i /n/(6 (Draft) 1 J 1 1 1 INFORMATION MEMO To: From: Date: Subject: Finance and Safety Committee Peter Beckwith ~ \ \ August 11,2005 Gambling Ordinance ISSUE Whether the City should adopt by reference RCW sections relating to misdemeanor gambling offenses in order for the City to prosecute these offenses? Currently these offenses are prosecuted by King County. BACKGROUND This is the second presentation ofthis issue, prompted by The Washington State Gambling Commission, requesting that the City adopt RCW sections relating to gambling offenses in order for the City to enforce State law. When initially presented on May 16, 2005, the Committee requested additional information on this issue regarding: 1) what other cities are doing; 2) what additional costs \yould be incurred by the City; and 3) whether more sections ofthe RCW relating to gambling should be adopted. DISCUSSION/ANALYSIS/ALTERNATIVES The following are answers to the questions raised by the Committee: 1) Upon a brief survey of neighboring jurisdictions, Burien, SeaTac and Des Moines have adopted by reference RCW sections pertaining to gambling; whereas, Renton and Auburn have not. 2) It is unclear what the additional costs of enforcing these provisions would be although it would likely be de minimis. The City Prosecutor believes that she has declined about 10 of these types of cases in the last year due to the CIty'S lack of jurisdiction. The impact that these cases would have on the Prosecutor's caseload would be negligible. 3) The Washmgton State Gambling Commission has requested that the City adopt RCvV 9.46.196 (Cheating - Defined) and .1962 (Cheating in the second degree). The City Attorney has included additIOnal gamblIng sections that are applicable to the CIty. Sections not included relate primarrly to crimes that the City cannot enforce such as felonies and sections pertaining to the Washington State Gambling Commission. Special Agent 'Dmmy Lisa of the Washington State Gambling Commission will be in attendance to answer any additional questions the Committee may have in relation to this proposed ordinance. RECOMMENDATION Adoption of the Gambling Ordinance. Attachments: Draft Gambling Ordinance ill)ill&~u XX)()((?} = TMC section number and title may change pending approval by staff codification specialist AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWJ:LA, \-VASf!~G~q~!c:~~ATING 'I~Q~~9':tPN 8~lUJ>9~NUH:';1~tv::Qlit~N~F~/t';(!J AND ADOPTING BY REFERENCE c;ERTAIN SECTIONS OF THE REVISED CODE OF WASHINGTON RELATIVE TO MISDEMEANOR GAMBLING OFFENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the interest of the public health, safety, and welfare, the City Council of the City of Tukwila desires to adopt 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. mG:~sti<i~t3/zr,:-'hG~~!fu.g:Off~ps~s;"_ (?) 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 9 46.0201 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 9 46.0233 RCW 9 46.0237 RCW 9.46.0241 RCW 9 46.0245 RCW 9 46.0249 RCW 9 46.0253 RCW 9 46.0257 RCW 9 46.0261 RCW 9 46.0265 RCW 9.46.0269 RON 9 46.0273 RCW 9.46.0277 RCW 9 46.0282 RCW 9 46.0285 RCW 9 46.0289 RCW 9.46.190 RCW 9 46.193 RCW 9 46.195 RCW 9 46.196 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." fIWhoever," Ifperson.1I Violations relating to fraud or deceit. Cities and to-wns - Ordinance adopting certain sections of chapter - Jurisdiction of courts. Obstruction of public servant - Penalty Cheating - Defined. Gambling Offenses PB:bjw 8/17/05 1 RCW 9 46.260 Cheating in the second degree. Working in gambling activity without license as violation - Penalty Enforcement - Commission as a law enforcement agency O\'mership 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 information, transmitting or receiving. Gambling property or premises - Common nuisances, abatement - Termination of interests, licenses - Enforcement. Proof of possession as evidence of knowledge of its character RCW 9 46.1962 RCW946.198 RCW 9 46.210 RCW 9 46.215 RCW 9 46.217 RCW 9 46.222 RCW 9 46.231 RCW 9 46.235 RCW 9 46.240 RCW 9 46.250 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 THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005 Steven M. Mullet, Mayor ATTEST/ AUlliENTICATED' Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM. By Office of the City Attorney FILED WITH THE ClTY CLERK: PASSED BY THE ClTY COUNCIL. PUBLISHED' EFFECTIVE DATE. ORDINANCE NO Gambling Offenses PB:bjw 8/17/05 2 DR fT Fmance & Safety Committee Meeting of August 15, 2005 Attendance: Denms Robertson, Chair; Pam Carter, Dave Fenton Rhonda Berry, Jim Morrow, Peter Beckwith, Kevin Fuhrer, Danny Lisa- Washmgton State Gambling Commission )(<1. Proposed Ordinance Regarding Cheating In Cardrooms, Mmi-Casmos, and Gambling Establishments Summary: Peter briefed the committee on the draft ordinance and the underlying purpose associated with the proposed document. Essentially the King County Prosecutor's Office will not prosecute Tukwila gambling violations and by adopting the state statutes by reference, prosecutIOn may occur for violations occurring within our jurisdiction. In the absence of an ordinance, it makes it difficult for the gambling commission to enforce the law. The City experiences approximately 10 cheating cases a year. Recommendation: Refer proposed ordinance to the Committee of the Whole. 2. Proposed Financial Policies Summary: The committee approved the proposed changes related to polIcIes FP-8 and GF-5. Additional changes were proposed- specifically to policy FP-4 by addmg "Project" to the start of the first sentence, and to the draft memo dated August 11, 2005, Other General Financial Policies, last sentence to read "Furthennore, it mtroduces new elements and fonnalizes the existing process related to grant application." With respect to the policies addressing grants, Pam Carter requested that Kevin poll the departments to ascertain what if any impacts may be felt as a consequence ofthe draft policies and to report the fmdings when the policies are reviewed by the Committee of the Whole. On the sample projected debt capacity chart Dennis Robertson suggested that "non-voted, councilmanic" be added to the chart heading for clarity purposes and to change the specific project reference to a hypothetical project. Recommendation: Refer draft policIes to the Committee of the Whole with the additional aforementioned changes. Committee Chair Approval Minutes Prepared By Kevin A. Fuhrer for Lucy Lauterbach in absentia DRAFT