HomeMy WebLinkAboutCAP 2011-01-10 Item 2C - Ordinance - Prohibit Social Card Rooms After Sunset may C ity of Tukwila
Jim Haggerton, Mayor
5 x _90 INFORMATIONAL MEMORANDUM
Z
TO: Mayor Haggerton
City Councilmembers
FROM: Shelley M. Kerslake, City Attorney
DATE: January 6, 2011
SUBJECT: Prohibiting Social Card Rooms after Sunset of Ordinance Allowing Same
ISSUE
Whether to prohibit social card rooms city -wide except for those conducted by a bona fide
charitable or nonprofit organization pursuant to RCW 9.46.0311 so that, once the ordinance
allowing social card rooms for a finite period of time sunsets, social card rooms conducted as a
commercial stimulant will be prohibited altogether without the need for further review or action
by the City Council.
BACKGROUND
Currently, the City has a partial ban on social card rooms. New social card rooms are banned,
but existing social card rooms have been allowed to continue to operate (see TMC 5.20.010).
Three social card rooms operate in Tukwila, and these generate significant gambling tax revenues
for the City. A business owner seeking to start a new social card room in the City has called into
question the City's ability to prohibit future card room uses while allowing legal non conforming
social card games to remain.
To allow time for further review of the legal, political, financial and practical considerations
involved with this issue, a moratorium was established and has been extended twice (in May and
September, 2010). After extensive study of the issue both publically and internally, it appears in
the City's best interests to allow social card rooms for a finite term of three years.
DISCUSSION
Because the ordinance allowing social cards rooms will sunset in three years, or such other
reasonable period as adopted by the Council, the purpose of this ordinance is to thereafter prohibit
social card rooms conducted as a commercial stimulant while allowing bona fide charitable or
nonprofit organizations to operate or conduct social card games pursuant to state law (see RCW
9.46.0311).
RECOMMENDATION
The Council is being asked to approve the proposed ordinance and consider this item at the
January 24 2011 Committee of the Whole meeting and subsequent February 7, 2011 Regular
Meeting.
ATTACHMENTS
Draft Ordinance
43
44
DRAF
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON
RELATING TO SOCIAL CARD ROOMS; REPEALING AND
REENACTING TUKWILA MUNICIPAL CODE "TMC CHAPTER 5.20
(CERTAIN GAMBLING ACTIVITIES PROHIBITED) TO PROHIBIT
SOCIAL CARD ROOMS CONDUCTED AS A COMMERCIAL
STIMULANT WITHIN THE CITY; ESTABLISHING VIOLATION OF THE
PROHIBITION AS A MISDEMEANOR; 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 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 and September 20, 2010, the moratorium was renewed to
allow time for further study of the issue; and
WHEREAS, the City Council has held public hearings and considered the testimony of
the general public and persons interested in social card games; 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 finds it to be in the public's interest and welfare to.prohibit
social card games conducted as a commercial stimulant within the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 5.20 TMC Repealed and Reenacted. Ordinance No. 1917, 1,
as codified at chapter 5.20 TMC, "Certain Gambling Activities Prohibited," is hereby
repealed in its entirety and reenacted as follows:
W: Word Processing \Ordinances \TMC 5.20
SMK:mrh Page 1 of 5
45
Chapter 2 E A. E P, 3®114..1BBLTEIll
Sections.
0:{ 20- E- xc-epted-lausir.esces' expansion of busing e--r -s- I+m -Ited-
5.20.030 Excepted busir..v0scs' discontinuation of use
5.20.010 Excepted businesses' change of business location
5.20.010 G r
A. Prohibited activitiac. Any license issued under t-- e
erggage in any--g. e- -e- •e e e•-*
acti e -e e. :•e. -e
aecordance with RCW 9.15.2-05, as the same now exists or may heroaftcr be °-tee
prehibits- the- c- enduct or operation of house bankee e e. -cs as a commercial
.4,••• e A 1 2. 11 0 087
B. Exceptions. T-h-e-f finesses "Excepted Busincasec') are excepted
1. These businoaa^ -s conducting or operating house banked social card
games ascommercial stimulant within the City on the effective date of this ordinance
may continue to do so.
T. e---
or may resume the of house baked so e e e
e e .ee of J.2.n e. -e
of-time-that ha .e e e-- e e e e rn-b l i n g I;ee -n s o
and its reinstatement.
3 T.* .a .e e e
date of the City's moratorium related to gambling activity development permit
applications (Feb e- -d to conduct or operate house- barked
..•.os e e
license from tho State to conduct or operate house banked social card games cs a
c- emrereal sting- Li-ant; and b. identified -a specific location within the City for- -its busir:oaa
es+ "„men`; and—o. submitted development applications to the City. "Person"
whenever used in this e..: e e os natural persons, firma, ca-
partnersh+ps- anel -e-oip r-a 'ng-by -the+ setves or by —a -ser ant, agent -or
effilAGYee-
5.20.020 E burin escs' expansi n o-f CNa sum cc premises limited
A. An excepted business'. dont+ficd- i-n -T-MC 5.20.010.B.1 can continue to conduct or
operate hou so ..e.•-0-{7. C. e
it- may- inten -sify the operation of house- banked social card games, so long as the-area
e e e e e e e .3 excepted e ;�cpted bus
iness
doss not exceed -4,000 squarc foot in ar o. If the arga devoted to the playing of
hau-seban -ked social card games in an excepted business nde-r 5.20.010.B.1 exGeebs
W: Word Processing \Ordinances \TMC 5.20
SMK:mrh Page 2 of 5
46
or' 5
a e a
a. s I I Y y
ow f i� -cA- "v
e.": ^s'Cl 0 6. 8 y i 11•...
-as i► :r a z .1 i+
O s sloesse sl-dISG O
•y•
i w
O
r:
5 it r
0
i a a e
kaaOce 1 t a•: EGA s r
a
r�•fy p
:t e.
w e is-
w
e.8 0� f a r
w 2 :I :w
t :i ...T_w_e;,(G.EiAe4—"6' 0."
a f
s as
a w a
a ,.yy�. s• `w
page
W•
Word Processin9\Ordinances\TMC 5.20
SMK =n'rh
3. Th e e e w -e -e e_ nvnn oNshed nrinr to
JJ
l owaver the no nh„°ieal premises may be occupied ^�,ie io-4,e- demea'
e e e •-e a
a. the old premises is closed to the public; and
ee•: -e
oo-n# satisfasto City Attorney) in the e e 9 e total- estimated
3O e e•••e e e e e•. e
D. An excepted businoac (as identified in TMC e .s e -,e e,
t #e -epa- ration -of hoeso banked social card games under the prev+sie e e e
ti-pon reinstatement of s^id gambling license by the Washington
e e. e e. e ass of the length of time that has elapsed between
said-suspension-or rcvoc -anion ef- the-- gambling-ticense and its reinstatement,
5.20.040 Exc- epted- buss-i'nocse& c ha n ge gf business !ocat oii
An- exee-pted- bus+ac3s identified in TMC 5.20.010.B.1 or 2 an contirlue to conduct
e e e e.• e e
e.-.33 es a commercial stimulant within the City
e e. 030 o ttinues to conduct its busincas where it is currently
Toeated -a td does ne e. **Da; to n premis,as within the_Cit1
excepted busir.,oaa e- .30-3, e e e e.• e
card gam c'.. -e e e -'e' e
Chapter 5.20 Social Card Games
Sections:
5.20.010 Social card games prohibited
5.20.020 Exemptions
5.20.030 Violation Penalty
5.20.010 Social card games prohibited. The operation or conduct of social card
games as defined by RCW 9.46.0282 is prohibited within the City of Tukwila.
5.20.020 Exemption. Bona fide charitable or nonprofit organizations may operate or
conduct social card aames within the City of Tukwila pursuant to RCW 9.46.0311.
5.20.030 Violation Penalty. Any person, firm, or corporation violating the
provisions of this chapter shall be Guilty of a misdemeanor and. upon conviction thereof,
shall be fined a sum not to exceed $1,000, or imprisonment in iail for a period not to
exceed six months, or both such a fine and imprisonment.
Section 2. 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 \TMC 5.20
SMK:mrh Page 4 of 5
48
Section 3. Effective Date. This Ordinance shall be published in the official
newspaper of the City, shall take effect and be in full force five (5) days after the date of
publication.
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
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
W: Word Processing \Ordinances \TMC 5.20
SMK:mrh Page 5 of 5
49