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HomeMy WebLinkAboutOrd 2279 - Moratorium on Social Card Rooms or Gambling Activities (Terminate Moratorium by Ord 2323) 4. L4 i 4 k 12 4 k./ r. 1.: c C o T i a City ____i of Washington Cover page to Ordinance 2279 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF ME 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FOR SEVERABILITY; AND DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE, Ordinance 2279 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: Terminate Moratorium by Ord 2323 W: \Word Processing Ordinances Mini Casinos Moratorium.doc NG:ksn 03/18/2010 City of Tukwila Washington Ordinance No. 2279 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. Page 1 of 2 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 O THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of in c. �-c 2010. ATTEST AUTHENTICAT D: Christy O'FYaherty, CMC, City Clerk Office of fir<ity A ey W: \Word Processing \Ordinances \Mini Casinos Moratorium.doc NG:ksn 03/18/2010 agge ayor Filed with the City Clerk: 3-0-10 Passed by the City Council: 3 Published: Effective Date: 3 Ordinance Number: Page 2 of 2 SUMMARY OF Ordinance No. 2279 City of Tukwila, Washington On March 22, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2279, the main points of which are summarized by its title as follows: 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. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on March 22, 2010. Published Seattle Times: March 25, 2010. (j)/2- Christy O'Flaherty, CMC, City Cferk