HomeMy WebLinkAboutReg 2010-09-20 Item 6C - Ordinance - Moratorium Regarding Social Card Rooms (Gambling Activities)CAS NUMBER: 10-099
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MTG. DATE
9/13/10
MTG. DATE
9/13/10
9/20/10
COUNCIL AGENDA SYNOPSIS
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09/20/10 JP POAR
ITEM INFORMATION
1 ORIGINAL AGENDA DATE. SEPTEMBER 13, 2010
RI NI I .W1 I) BY COW Mtg. CA &P Cmte E F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 8/23/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMII Unanimous Approval; Forward to C.O.W.
COST IMPACT /FUND SOURCE
EXPENDJTuI REQUIRED AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
Forward to next Regular Meetina
ITEM No.
AGI?NDA Irl?1vITITLE An ordinance renewing the six month moratorium on the establishment of social
card game gambling acitivities.
CATI Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 09/13/10 Mtg Date Mtg Date Mtg Date 09/20/10 Mtg Date Mtg Date 09/13/10 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal P&R Police PW/
The City Council adopted a moratorium on development applications for social card
gambling establishments on March 22, 2010 to prevent vesting of any new applications.
The Council is being asked to renew the moratorium for another six months after holding a
public hearing.
Transportation Cmte
n Planning Comm.
APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 8/12/10
Ordinance in draft form, renewing the moratorium for 6 months
Minutes from the Community Affairs and Parks Committee meeting on 8/23/10
Ordinance in final form
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City of Tukwi
Washington
Ordinance No.
a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, RENEWING 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.
WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No.
2279, which declared an emergency necessitating the immediate imposition of a
moratorium on 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, as more
particularly described in Ordinance No 2279; and
WHEREAS, on May 3, 2010, the City Council held a public hearing on the
moratorium as required by RCW 35A.63.220, and adopted findings of fact justifying the
adoption of the moratorium, and
WHEREAS, cities and counties are authorized to (1) tax certain gambling activities;
(2) enact as local ordinances any of the state gambling statutes, the violation of which
constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling
activities for which Licenses are required; and
WHEREAS, there are three existing card rooms operating in Tukwila that generate
significant gambling tax revenues for 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 prohibit future card room uses while allowing legal
non conforming social card games to remain; and
WHEREAS, the City Council established a six-month moratorium to prevent the
vesting of any new applications and to maintain the status quo while alternatives are
studied and considered; and
WHEREAS, the City is currently engaged in the state legislative process for more local
control of the siting of gaming establishments and the current moratorium will expire
before the legislative process is completed; and
WHEREAS, if local zoning control is achieved through the legislative process,
additional time will be required to research which zones should allow social card game
gambling activities; and
WHEREAS, the City continues to study zoning regulations involving food and eating
establishments and where social card game gambling activities could be allowed, and
WHEREAS, if local control is not achieved through the legislative process, staff needs
additional time to research and review secondary adverse impacts, if any, related to
allowing social card game gambling activities in all zones; and
WHEREAS, renewing the moratorium for another six months is in the public interest
and promotes orderly land development in the absence of a moratorium, and
WHEREAS, state law RCW 35A.63.220) authorizes the City Council to adopt land use
moratoria, and
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WHEREAS, state law RCW 35A.63.220) authorizes the City Council to adopt land use
moratoria; and
WHEREAS, the City SEPA Responsible Official has previously determined the
moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may proceed
with the moratorium pursuant to WAC 197- 11- 800(14)(h);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed 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 purpose of this ordinance, the definition of "development permits" in
Ordinance No. 2279 is hereby adopted by reference as if fully set forth herein.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on September 13, 2010 to receive testimony
regarding the moratorium.
Section 3. Findings of Fact. In accordance with RCW 35A.63.220, which requires
that the City Council adopt findings of fact justifying the adoption of a moratorium, the
"WHEREAS" clauses set forth 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.
Section 4. The moratorium renewed herein shall be in effect until March 22, 2011,
unless extended by the City Council pursuant to state law.
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. Declaration of Emergency Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public
emergency exists, necessitating that this ordinance take effect immediately upon its
passage by a majority plus one of the whole membership of the Council in order to
protect the public health, safety, property, and general welfare. This ordinance shall
take effect and be in full force immediately upon passage by the City Council. A
summary of this ordinance may be published in lieu of publishing the ordinance in its
entirety
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W Word Processing \Ordinances \Gambling Moratorium renewal.docx
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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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