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Home My WebLink AboutReg 2011-02-22 Item 5A.1 - Ordinance - Prohibit Social Card Rooms Effective January 1, 2016 & Terminate Moratorum COUNCIL AGENDA SYNOPSIS J. ,N, w .4 Initials ITEM Meeting Date Prepared by 1 Mayp it a eview Council review ,:.7-1 r 1 1 I 01/24/11 I SK I A R 7 6ft 4 02/1 /11 I SK I I (0/./ 02/22/13 I car I (_64- i.� 11, s 9os ITEM INFORMATION CAS NUMBER: 11-007 I ORIGINAL AGENDA DATE: JANUARY 24, 2011 AGIND;\ ITI;IMI Ti'n Ordinance repealing ban on new social card rooms until January 1, 201 -4 and Ordinance raising the tax rate on social card rooms STAFF SPONSOR: SHELLEY KERSLAKE C.\7'I )R\' Discussion Motion Resolution Ordinance BidAzvard Public Hearing Other 1141g Date 01/24/11 Mtg Date Mtg Date Mtg Date 2/22/1 Ktt Date Mtg Date 1/24/11 Mtg Date (SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S This ordinance repeals the current ban on the establishment of new social card rooms and Su1M RY related "grandfather" provisions for existing social card rooms. Pursuant to the ordinance, the operation of social card rooms in the City must cease by January 1,-20147 The ordinance also amends TMC 3.08.080 to clarify certain gambling tax collection provisions. The Council is asked to consider and approve the ordinances. RI?YI IWIM B1' I I COW Mtg. M CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/10/11 COMMITTEE CHAIR SEAL RECOMMENDATIONS: SPONSOR /ADMIN. City Council COMMITTEE unanimous Approval; Forward to Committee of the Whole COST: IMPACT FUND SOURCE EXP1sNDITURt RI?.QLURED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: ,e Conunnents: 1 MTG. DATE RECORD OFCOUNCIL ACTION' 1 1/24/11 Return item to the February 14, 2011 Committee of the Whole Meeting I 2/22/11 Forward to next Regular Meeting I 1 MTG. DATE :;ATTACHMENTS 01/24/11 Informational Memorandum dated 1/5/11 Ordinance in Draft Form Minutes from the Community Affairs and Parks Committee meeting of 01/10/11 02/14/11 Same attachments as shown above 02/22/11 Ordinance in strike -thru underlined format with amendments from 2/14 C.O.W. Informational memorandum dated 2/17/11 Ordinance in strike -thru underlined format raising the tax rate 1 2 1 e e S 2_ 4,90 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN GAMBLING ACTIVITIES PROHIBITED PROHIBITING SOCIAL CARD ROOMS CONDUCTED AS A COMMERCIAL STIMULANT EFFECTIVE JANUARY 1, 2016; AMENDING ORDINANCE NO. 1809 §1 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.080 "PAYMENT OF TAX PENALTY FOR LATE PAYMENTS TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2279 AND EXTENDED BY ORDINANCE NO. 2307; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the immediate imposition of a moratorium of limited duration 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 room gambling activities, or to expand existing social card room 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 and September 20, 2010, the moratorium was renewed to allow time for further study of the issue; and WHEREAS, the three existing social card rooms operating in Tukwila 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 room 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 rooms to remain; and WHEREAS, on January 24, 2011, the Tukwila City Council, following public notice, held a public hearing to receive testimony on a proposed ordinance repealing Tukwila Municipal Code Chapter 5.20; and W: Word Processing \Ordinances \Social Card Rooms Allow Ban Strike -thru 2 -17 -11 SMK:mrh /bjs Page 1 of 3 3 4 WHEREAS, the prohibition on certain gambling activities, and exceptions thereto, set forth in Chapter 5.20 of the Tukwila Municipal Code (TMC), and Ordinance No. 1917, §1, shall be repealed to allow social card rooms citywide until December 31, 2015, after which social card rooms conducted as a commercial stimulant will thereafter be prohibited effective January 1, 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 5.20 Repealed. Ordinance No. 1917, §1, as codified at TMC Chapter 5.20, "Certain Gambling Activities Prohibited," is hereby repealed in its entirety. Section 2. Prohibition Against Social Card Rooms Operated as a Commercial Stimulant. The operation or conduct of social card rooms operated as a commercial stimulant, as defined by RCW 9.46.0282, is prohibited within the City of Tukwila effective January 1, 2016, except bona Tide charitable or nonprofit organizations may operate or conduct social card rooms within the City of Tukwila pursuant to RCW 9.46.0311. Section 3. Ordinance Amended. Ordinance No. 1809, §1 (part), as codified at TMC Section 3.08.080, "Payment of Tax Penalty for Late Payments," is hereby amended to read as follows: 3.08.080 Payment of Tax Penalty for Late Payments. A. The tax imposed by this chapter shall be due and payable in quarterly installments, and remittance therefor shall accompany each return and be made on or before the last day of the month following the quarterly period in which the tax accrued. B. There shall be added a penalty for each payment due, if such payment is not made by the due date thereof, as follows: 1. A lump sum penalty equal to 10% pcnalty of the tax due, with a minimum of $2.00, for the first 17 days' delinquency; 2. A lump sum penalty equal to 15% penalty of the tax due, with a minimum of $4.00, for e e al e. 'any delinquency of 18 or more days. 3. e e e e scction. Section 4. Repeal of Moratorium. The moratorium established under Ordinance No. 2279 and extended by Ordinance No. 2307 shall terminate as of the effective date of this ordinance. Section 5. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. W: Word Processing \Ordinances \Social Card Rooms Allow Ban Strike -thru 2 -17 -11 SMK:mrh /bjs Page 2 of 3 5 Section 6. 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 five days after the date of passage and publication e e e..•- e as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing\Ordinances \Social Card Rooms Allow Ban Strike -thru 2 -17 -11 6 SMK:mrh /bjs Page 3 of 3