HomeMy WebLinkAboutSpecial 2010-03-22 Item 4 - Ordinance - Moratorium Regarding Social Card Rooms (Gambling Activities)COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 10-035
ORIGINAL AGENDA DATE: MARCH 22, 2010
AGENDA ITEM TITLE An ordinance adopting a six month moratorium on the establishment of social card
game gambling activities.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing 1 1 Other
Mtg Date 03/22/10 Mtg Date Mtg Date Mtg Date 03/22/10 Mtg Date Mtg Date
SPONSOR Council 1 1 Mayor (l Adm Svcs DCD Finance Fire Legal PY'R Police PW
The City Council is being asked to consider and approve an ordinance establishing a
moratorium to prevent the vesting of any new applications for social card game gambling
to maintain the status quo while legal, political, and practical alternatives are studied and
considered. A public hearing must be held by September 22, 2010 for the purpose of
adopting findings and conclusions in support of the ordinance.
SPONSOR'S
SUMMARY
RI MEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DA'I'S: N/A Emergency
RECOMMENDATIONS:
SPONSOR /ADMIN. Adoption of ordinance
COMMIFELE Emergency Declaration
COST :IMPACT FUND SOURCE
Fund Source:
Comments:
EXPENDITURE REQUIRED
MTG. DATE
3/22/10
RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
3/22/10 1 Informational memo dated 3/17/10
Ordinance in draft form
ITEM No.
PE q-
Mtg Date
Transportation Cmte
Planning Comm.
AMOUNT BUDGETED APPROPRIATION REQUIRED
1143
144
4ss City of Tukwila
TO:
DISCUSSION
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Jack Pace, DCD Director
DATE: March 17, 2010
SUBJECT: Moratorium on Social Card Game Gambling Uses
ISSUE
Should a moratorium on applications for card room "mini- casinos" be enacted?
BACKGROUND
State gambling regulations at RCW 9.46.295 only permit local jurisdictions to completely prohibit
card room uses, including those previously established, or allow them anywhere restaurants
with lounges are permitted. Zoning regulations that impose additional restraints or exclude
previously vested businesses are not within the City's authority. The only exception to this is for
businesses established prior to annexation into a city.
RCW 9.46.295 Licenses, scope of authority Exception.
Jim Haggerton, Mayor
(1) Any license to engage in any of the gambling activities authorized by this chapter as now exists or
as hereafter amended, and issued under the authority thereof shall be legal authority to engage in the
gambling activities for which issued throughout the incorporated and unincorporated area of any
county, except that a city located therein with respect to that city, or a county with respect to all areas
within that county except for such cities, may absolutely prohibit, but may not change the scope of
license, any or all of the gambling activities for which the license was issued.
(2) A city or town with a prohibition on house banked social card game licenses that annexes an area
that is within a city, town, or county that permits house banked social card games may allow a house
banked social card game business that was licensed by the commission as of July 26, 2009, to
continue operating if the city or town is authorized to impose a tax under RCW 82.14.415 and can
demonstrate that the continuation of the house banked social card game business will reduce the
credit against the state sales and use tax as provided in RCW 82.14.415(7). A city or town that allows
a house banked social card game business in an annexed area to continue operating is not required
to allow additional house banked social card game businesses.
There are currently four card rooms operating in Tukwila, all located along Interurban Avenue.
Enacting a ban on this type of use would require establishment of an amortization period after
which they would be required to cease operations.
Under our current Zoning regulations restaurants with cocktail lounges are permitted uses in all
commercial and industrial zones, except for Residential Commercial Center where they are a
conditional use. This means that if Tukwila were to allow new card rooms they have the
potential to locate throughout our commercial and industrial areas.
145
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
Approve the ordinance establishing a six -month moratorium upon acceptance of applications
and development permits for food or drink establishments conducting social card gaming
activities.
ATTACHMENTS
Ordinance in draft form.
1 4 6 W:12010 InfoMemoslmini- casino moratorium.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING OF
APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR DRINK
ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING
ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council and the community of Tukwila carefully considered
the extent of permissible gambling activities in the City for a period of several years
and, after numerous public hearings and public meetings, the City Council adopted an
ordinance carefully tailored to address the needs of the community, which among other
things, permitted existing licensed social card games to remain as legal non conforming
land uses, but prohibited the introduction of further licensed social card games in the
City; and
WHEREAS, at least one business has expressed an interest in acquiring a State
license to operate an additional social card game in Tukwila and this business venture
has called into question the ability of the City to allow legal non conforming social card
games to remain; 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 studied and considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Established. A moratorium is hereby established, effective
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. "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.
Section 2. Effective Period of Moratorium. The moratorium established by this
ordinance shall become effective as set forth in Section 6 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.
Section 3. Work Program. 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.
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Section 4. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than May 17, 2010, which is no more than sixty days
after the date of adoption herein.
Section 5. 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, 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.
Section 6. Effective Date. 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 Matson v. Clark County Board of Commissioners, 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.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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