HomeMy WebLinkAboutReg 2004-06-07 Item 5 - Public Hearing - Ordinance Establishing Moratorium on Social Card Rooms (Gambling Activities) ,`A wgsy CO IN
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ITEM INFORMATION
CAS Number: 04-054 I Original Agenda Date: April 12, 2004
Agenda Item Title: Ordinance establishing a six -month moratorium on casinos
T
J 6/07/04 Public Hearing
I Original Sponsor: Council Admin.x
Timeline:
Sponsor's Summary: In light of recent case law, the City has been advised by counsel to review our
current code as it relates to gambling establishments. This moratorium is necessary
while that review is being performed.
Recommendations: Adopt ordinance
Sponsor:
Committee:
Administration:
Cost Impact (if N/A
known):
Fund Source (if known)
RECORD OF COUNCIL ACTION I
Meeting Date Action
4/12/04 Disc ngseci anti 6
J
APPENDICES I
Meeting Date Attachments
04/12/04 I Proposed Ordinance
Finance Safety Committee minutes from meeting of 4/5/04
6/07/04 I Ordinance No. 2042
A �frAU:.W R S
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1908
Fr' City of Tukwila
Washington
Ordinance No.
47,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON THE
FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR
rs
DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME
GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council and the community of Tukwila carefully considered the extent
of permissible gambling activities in the City for a period of years; and
WHEREAS, after numerous public hearings and public meetings, the City Council adopted
an ordinance carefully tailored to address the needs of the community; and
WHEREAS, among other things, the ordinance permitted existing licensed social card
games to remain as legal nonconforming land uses, but prohibited the introduction of further
licensed social card games in the City; and
WHEREAS, Division I of the Court of Appeals issued its opinion on June 26, 2003, in
Edmonds Shnpr. of ranf „t ra of Edmonds, which affirmed that cities may
absolutely prohibit any or all gambling activities, but called into question cities ability to exercise
zoning or other general police powers over licensed gambling activities; and
WHEREAS, at least one business venture has subsequently expressed an interest in
acquiring a State license to operate an additional social card game in Tukwila; and
WHEREAS, the City Council accordingly desires to establish a moratorium to prevent the
vesting of any new applications, and to maintain the status quo while legal, political, and
practical alternatives are considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sartinn 1 Findings of Fart The "WHEREAS" clauses, above, are hereby adopted as the
City Council's findings of fact and are by this reference incorporated herein as if set forth in their
entirety.
Sec+:^•• o Mnratnrium Fctahlished A moratorium is hereby established, effective
,.W immediately upon adoption of this Ordinance, upon the filing of applications for building
permits, development permits, or any other permits or approvals required for food or drink
establishments seeking to conduct new social card game gambling activities, or to expand
existing social card game gambling activities, whether as a principal use or as an accessory use.
For the purposes of this ordinance, "development permits" shall include, but are not limited to,
subdivision approvals, short subdivision approvals, approvals for any and all rezones, site plan
review approvals, and building permits for development activity resulting in the alteration of
existing premises or the creation of new premises related to social card game gambling activities.
No such applications shall be accepted during the effective period of this moratorium.
Seri a Effective Period of Moratorium The moratorium established by this Ordinance
shall become effective as set forth in Section 3 below, and shall continue in effect for six months
thereafter unless repealed, renewed, or modified by the City Council after a subsequent public
hearing and entry of findings of fact.
GombRna Moratorium 4/12/04
Snrtinn 4 Fffertive mate. This Ordinance, as a public emergency ordinance necessary for
the protection of the public health, public safety, public property, or public peace, shall take effect
and be in full force immediately upon its adoption. Pursuant to Matenn o :lark rn"n"y Bnard
of rornnn 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support
this emergency declaration are included in the "WHEREAS" clauses, above, all of which are
adopted by reference as findings of fact as if fully set forth herein.
Snntion Wnrk Pmgram The Mayor is authorized to allocate the necessary resources to
prepare a work program to address issues related to social card game and other gambling
activities, and to develop appropriate proposals for amendment of the Tukwila Comprehensive
Plan, Zoning Code, and other development regulations as may be necessary.
Sertinn 6 Public Hearing in hn Hold A public hearing on the issue of the moratorium
shall be held no later than 60 days after the date of adoption herein.
Section 7 4evarahility, 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, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this ordinance or its application to any other person or situation.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this 12. day of Af)tic.Q. 2004.
ATTEST/AUTHENTICATED: t w� tN/\
B u k.li 7 h ll/Ii� Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
U Filed with the City Clerk: S 04
APPR AS O O N BY: Passed by the City Council: CY 12- !w
Published 04- 1(4
Alf i4. Effective Date: C? 12- CY-4
Office of (the City AttorJi y Ordinance Number:
i
Gambling Moratorium 4/12/04