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HomeMy WebLinkAboutPermit L99-0005 - CITY OF TUKWILA - GAMBLING CODE AMENDMENTL99 -0005 CITY OF TUKWILA GAMBLING ZONING CODE AMENDMENT COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN WASHINGTON STATE GAMBLING COMMISSION CARD ROOMS egislative Gambling Round Table Renton, Washington October 27, 2000 Presented by: Amy R. Patjens Communications & Legal Department Manager (360) 438 -7654, extension 324. use Banked Card Rnms What has changed since last year? • Commission has approved 9 additional house - banked card rooms • 3 more card rooms have closed — in Blaine, Bellingham, & Tukwila; total closures is 8 now • Number of house - banked card rooms operating has increased by 6; there are now 56 • Number of card room employees has increased to nearly 4,500, compared to 3,500 last year • 22 more card rooms have been approved to accept $100 wagers (Phase II) for a total of 42; : last year, there were 20 Permanent rules were adopted & the pilot program ended • 6 more jurisdictions have passed ordinances to prohibit commercial card rooms What's on the horizon? • When the test program ended and we began accepting applications again, some predicted we would receive a flood of new applications; Currently there are only 15 applications pending • In our budget for the next biennium, we estimate that there will be 72 card rooms by June 2001; this is a reduction from the original estimate of 80 ■ Commission will hire staff, as needed, to regulate the card rooms; Have hired 35 staff to date • Expect a legal challenge regarding city's authority to zone card rooms, regulate the number of card rooms or location, or set other restrictions L z _I W o0 co 0 CO =' w 0,. uQ' CO =w Z . 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P7- = z Loca;Tssues - Relevant Lai °' & Rules RCW 9.46.285: State Preemption. • • • The Gambling Commission is the exclusive authority for the licensing & regulation of gambling activities in Washington Preempts any city or county ordinances that were in effect as of September 27, 1973 Cities and counties can only pass ordinances that are consistent with the Gambling Act and Commission rules RCW 9.46.295: Local Option to Prohibit Gambling Activities. • • • • Cities and Counties may prohibit any or all gambling activities, but may not change the scope of activities allowed by a gambling license 46 jurisdictions prohibit card rooms (See attached); many bans have been in place for years, but 23 have occurred in the last two years Authority to issue moratoriums on additional card rooms, but allow current card rooms isn't clear; 2 cities have done this Authority to zone card rooms in certain areas and allow current card rooms to stay indefinitely is also unclear. RCW 9.46.110: Cities and Counties May Tax Gambling Activities. State does not collect gambling taxes Card Rooms: Up to 20% of the gross revenue from the games C'gross receipts" are defined as the gross wagers received by the licensee, minus the amount paid but as prizes). RCW 9.46.113: How Cities May Use Gambling Taxes. Law states locals must use taxes "primarily" for enforcing the Gambling Act • Case interpreted what "primarily" means - Held the first use of the taxes must be gambling enforcement; no restrictions on the remainder - See American Legion Post #32 v. City of Walla Walla, 116 W n . 2d 802 (1991) 46 Jurisdictions Prohibit Commercial Card Rooms Algona *Auburn Battle Ground Bellevue Bothell Brier *Burien Camas Clyde Hill Covington Edgewood *Enumclaw *Fircrest *Gig Harbor *Grandview Issaquah *Kent *Kirkland Lake Forest Park *Longview Lynden Lynnwood Mercer Island *Mill Creek *Milton *Mukilteo • *Newcastle Normandy Park *Puyallup *Redmond *Renton Seattle *Shoreline Snoqualmie *Sumner *Tacoma *Tukwila *Tumwater Vancouver Washougal *Wenatchee Woodland Woodinville Yacolt Clark County *Pierce County *Bans occurred in the last two years. Cities Temporarily Prohibiting Card Rooms by Moratorium 3 moratoriums have been converted to bans since last year Several moratoriums have been extended 2 new moratoriums since last year (designated by *) Kenmore *Lake Forest Park Lakewood Marysville Tukwila *Thurston County 4 ti z ice; j-- z c4 2 6 U1 (CO 0 W W' :NU.' Wo g.J u) D. _0 �_ 1- 0, z F-; ALI at, o D> ,0 H, o wz o 0 GAMBLING & CARD ROOMS Significant Events 1971 34 Grand Jury indictments were issued against 51 law enforcement officers and public officials for payoffs related to gambling. End of "tolerance policy." 1973 Legislature authorized social gambling activities, including bingo, punchboards/pull tabs, raffles, and amusement games. Card rooms and social card games were also approved by the Legislature, but were.vetoed by Governor Evans. Gambling Commission was created & safeguards were taken to "keep politics out of gambling." 1974 Legislature authorized sodal card games. 1981 Legislature authorized increase in tax rate on card rooms from 5% to 20% of gross receipts. 1985 Legislature increased card room "rental" fees from $1 to $2 per half hour. 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). ( z ar- w 6 D —J C.) 0 CO ° CO W 1.1.11 X • LL ` 0 u) 3 u j /— X Z 1— 0 ZI- 0 • uj 2 0, 0 1- 111 X 0 1— ro 1990 Commission authorized "Washington Blackjack." 1992 Tulalip Tribe opened the 1st Class III /tribal casino. Longacres closed. 1994 Governor Lowry requested that the number of tables, wagering limits, and hours of operation in tribal casinos be increased. Legislature increased card room "rental" fees from $2 to $3 per half hour. 1995 6 more tribal casinos opened, bringing the total number to 10. (Today there are 13 tribal casinos operating under compacts with the state). 1996 Emerald Downs opened. Legislature authorized changes in card rooms. Tables increased from 5 to 15 • Alternative collection of fees authorized • Player supported jackpots (PSJ's) authorized 1997 Legislature authorized house banking for card rooms. First house - banked card room opened in November. 1999 Governor requested Commission issue a moratorium on further house- banked card rooms; Commission limited house - banked approvals to one per month. 3 more card rooms closed; at the end of the year, 52 card rooms were operating. 2000 Commission adopts permanent rules for regulation of card rooms. 3. more card rooms close, bringing the total number of closures to 8. As of October, 56 house - banked card rooms are operating. J.U;. vo cn 0::. U) w: :w =; • • • Wo: • 2 a a: z F- • 1-O; • w.w; • ,off' w w'. I-7 U t ":tll z,. UN :H FL •2 Locations of Approved House - Banked Card Rooms With Tribal Casino Locations also noted SAN JUA ISLAN it v4, 5,39 E WHATCOM 43,52,55 OKANOGAN SKAGIT KITSA JEFFERSON GRAYS HARBOR J SNOHOMISH 21,28, 36,45 63 12 23, 48 3,17,31,33 27,49 KING 1,4,37,42, 50 • 22,58,59,64 13,410 • 0 DOUGLAS 24 3 PACIFIC D TAHURSTO LEWIS WAHKIAKUM COWL•IT.Z 25 CLARK 6,10, 20,38 Source: [As of 1012 -000 Commission meeting.] on SKAMANIA GRANT FERRY • STEVENS LINCOLN 19 ADAMS Q R PEND REILLE 2,8,9,11,14,16, 18,29,47,54,62 SPOKANE WHITMAN 15 FRANKLIN ARFIEL YAKIMA L OLUMBI KLICKITAT 30 BENTON 7 Blue letters indicate a COMPACTED Tribal Casino, Green letters indicate a NON - COMPACTED /Illegal Tribal Casino. WALLA WALLA 61 ASOTI See attached lists, for key to numbers and letters. �• QQ W �.. JU 00 'CO CI W ='. ,J LL: w 0. gQ = a 1-1.1 zo ?o 0— CI w W m0' O t.. Z' w co'; H 0 House Banked Card Room Name and City Listing Sorted by Inside Approved Month Phase Name Key # City City? Month Closed Two? Sidney's Restaurant 53 Aberdeen RI Aug -99 ❑ Freddie's Club /Aubum 22 Auburn R Sep -98 Hank's Country Inn 34 Belfair ❑ Jan -99 Jack Niemann's Steakhouse 43 Bellingham R Mar -99 Apr -00 Quarterback Pub & Eatery 55 Bellingham R Aug -99 Oct -00 ❑ SIo -Pitch 52 Bellingham Sa Aug -99 ❑ Cafe International 5 Blaine R Feb -98 Apr -00 ❑ Forest Grove, open 4/99, close 7/99 39 Blaine ❑ Feb -99 - Jul -99 ❑ 11th Frame [Kenmore Lanes] 26 Bothell ❑ Oct -98 Fil Chips Casino 40 Bremerton ❑ Feb -99 RI Wizards Casino 27 Burien RI Nov -98 EZ Bridge Street Connection /Sports Bar 61 Clarkston Ri Aug -00 ❑ Kegler's Choice 24 E. Wenatchee R Oct -98 RI Big Al's Casino 28 Everett R Nov -98 Freddie's Club /Everett 45 Everett R Apr -99 Grove Tavem 36 ' Everett R Feb -99 ❑. Royal Casino, sold July2000 21 Everett ❑ Aug -98 RI Cafe Arizona 64 Federal Way R Oct -00 ❑ PJ Pockets 13 Federal Way R] Jun -98 Players Casino 41 Federal Way R Mar -99 - Jul -99 ❑ Commercial Inn 7 Kennewick R Mar -98 Ri Ruby's Casino 42 Kent Ri Mar -99 ❑ Double Down [Cactus Jack's] 20 La Center R Aug -98 Last Frontier 38 La Center RI Feb-99 ❑ New Phoenix 6 La Center R Mar -98 Palace, close, remodel, reopen 10 La Center Sa Apr -98 Jimmy G's Casino 44 Lakewood RI Apr -99 RI Home Plate Bar & Grill 62 Liberty Lake ❑ Sep -00 ❑ Cadillac Ranch Casino [Dodge City] 25 Longview Ri Oct -98 El Papagayo 19 Moses Lake RI Aug -98 ❑ Silver Dollar Casino/Mt Lk Terrace 63 Mt Lk Terrace RI Sep -00 ' ❑ Diamond Lil's 37 Renton R Feb -99 Freddie's Club /Renton 1 Renton RI Oct-97 Skyway Park Bowl 4 Renton ❑ Jan -98 EZ Thursday, October 26, 2000 Page 1 of 2 • z. aI w: UO W= CO LL W O}. J. LL <: co 1 Z� ZOF W O N' ;0 H. W W. H V' Z U N: O z Name Sorted by Inside Approved Month Phase Key # City City? Month Closed Two? Fiesta Bowl 30 Richland W Nov -98 Charlie Mac's Casino 59 SeaTac ❑ Feb -00 Silver Dollar /SeaTac 50 SeaTac R - Jul -99 Rascals Casino 49 Seattle ❑ ay -99 Royal Club /Skyway 58 Seattle ❑ Feb -00 Drift On Inn 12 Shoreline R Jun -98 Goldle's Casino 48 Shoreline W ay -99 Parkers 23 Shoreline R Sep -98 All Star Lanes 35 Silverdale ❑ Jan -99 Six Card Charlie's 51 Spanaway ❑ . - Jul -99 11th Frame [Lilac Lanes] 14 Spokane R Jun -98 Aces Sports Bar 11 Spokane ❑ Apr -98 Annie Fannie's [Stockyards Inn] 18 Spokane R Aug -98 Chef Restaurant 47 Spokane RI ay -99 Mars Hotel, closed 11/98 8 Spokane R Mar -98 Players & Spectators 9 Spokane ❑ Apr -98 Ram, closed 11/98 16 Spokane W Aug -98 River Bend Casino 29 Spokane R Nov -98 Scrapbook Restaurant [Silver Lanes] 2 Spokane R Nov -97 Sunset Junction 54 Spokane R Aug -99 Great Wall 46 Tacoma R Apr -99 Habana's 56 Tacoma R Oct -99 Luciano's Ristorante /Ruston 57 Tacoma WI Nov -99 Paradise Village Bowl 32 Tacoma ❑ Jan -99 Silver Dollar CasinolTacoma 60 Tacoma ❑ Feb -00 Golden Nugget 33 Tukwila R Jan -99 Pete's Flying Aces [21 Club] 31 Tukwila ® Jan -99 Riverside Inn 3 Tukwila ® Jan -98 Silver Dollar/Tukwila 17 Tukwila R Aug -98 Sport Center 15 Yakima ® -Jul-98 0 o® ®0 f1i Nov -98 ❑ Nov -98 ❑ 0 a Aug -00 ❑ Thursday, October 26, 2000 _�.... ;: ..... ..,.. Page 2 of 2 10 •Z Qr- • W J U. .:U O: ;U U' • V) W : r. :J -: W O; co F..W :Z .I— O ZF—: ILI mi. O 0 I— W � U LL 0 �IIIZ' I-' Tribal Casin.o Locations Compact Letter Casino Name City County Tribal Affiliation ® A Lucky Eagle Casino Rochester Thurston Chehalis ® B 7 Cedars Casino Sequim Clallam Jamestown S'Klallam ® C MuLlkleshoot Casino Auburn King Muckleshoot ® D Red Wind Casino Nisqually Thurston Nisqually ® E Nooksack River Casino Deming Whatcom Nooksack ® F Emerald Queen Casino ' Tacoma Pierce Puyallup ® G Little Creek Casino Shelton Mason Squaxin ® H Clearwater Casino Suquamish Kitsap Suquamish ® I Swinomish Casino Anacortes Skagit Swinomish ® J Tulalip Casino Marysville • Snohomish Tulalip ® K Skagit Valley Casino Bow Skagit Upper Skagit ® L Legends Casino Toppenish Yakima Yakama p M Mill Bay Casino Manson Chelan Colville ❑ N Coulee Dam Casino Coulee Dam Okanogan Colville p 0 Okanogan Bingo /Casino Okanogan Okanogan Colville ❑ p Two Rivers Casino Fruitland Stevens Spokane ❑ Q Spokane Tribal Indian Casin Chewelah Stevens Spokane ❑ R Double Eagle Casino Chewelah Stevens Spokane p S Shoalwater Bay Casino Tokeland Pacific. Shoalwater Bay Thursday, October 26, 2000 Page 1 of l L • • Card Room Employees 4500- 4000 3500-7 3000-4 2500 Washington State Gambling Commission Licensed Card Room Employees 1991 - September 2000 2000 -7 1500 1000 500 1991 1992 1993 * As a comparison, we have certified 4,621 ClasslII/Tribal employees so far this year. , 1994. 1995 1996 Calendar Year 1997 1998 1.999 2000 (through September) Source: Washington State Gambling Commission z • • Q WD J U' 'U OQ W W H W O. J !L Q, = w � 1. z � �O ;z 1: :W UU O N; W UJ: O tllz: t=- _• •O~ •z Horse Racing 6% Bingo ' 8°% Lottery 26% • Tribal 1 • Casinos Raffles/ 280% FRE's 1% Bingo 47.0 PB /PT • 167.0 Card Rooms 17.0 Raffles / FRE's 4.1 Tribal Casinos* 159.0 ' Lottery 150.0 Horse Racing 32.0 Total $576.1 M * Estimated (Dollar amounts = millions) , 1 w PB /PT 28% Card. Rooms 3% Fiscal Year NET RECEIPTS COMPARISON (Net = amount wagered minus amount paid out as prizes) 12911 Horse Racing Bingo 6% 7% Tribal • Casinos 27% PB /PT 27% Card Rooms 5% Raffles/ FRE's • 1% Bingo 47.0 PB /PT 170.0 Card Rooms 30.0 Raffles / FRE's 4.2 Tribal Casinos* 170.5 Lottery 174.0 Horse Racing 37.0 Total $632.7 M 1999 Horse Bingo Racing- 5% 6% °% Tribal Casinos 23% Raffles/ FRE's 1% Bingo 43.5 PB /PT 169.3 Card Rooms ** 109.0 Raffles /FRE's 4.2 Tribal Casinos* 162.4 Lottery 177.3 Horse Racing 37.0 Card Rooms 16% Total $702.7 M * *Estimate for 2000 is $187M z _H .`" w' JU: U O' (/) w : W Z: : wo w ww O Nt O: Z' Uin • • Z AWC 1076 Franklin St. SE Olympia, WA 98501 -1346 (360) 753 -4137, FAX 753 -4896 ASSOCIATION OF WASHINGTON CITIES October 27, 2000 To: The Honorable Margarita Prentice, Chair, Senate Commerce, Trade, Housing & Financial Institutions, Gambling Policy Round Table. From: Ron Rosenbloom, Municipal Policy Associate Subject: Confirming Local Planning & Zoning Authority Over Gambling Activities At its June 2000 Conference in Spokane, Washington, the Association of Washington Cities (AW.C) approved Resolution #17, Confirming Local Planning & Zoning Authority Over Gambling Activities. The Resolution provides in part: Issues Cities understand and accept the State's exclusive authority to license and regulate gambling, but we do not believe that this preemption extends to local planning and zoning authority. Local planning and zoning authority is a fundamental matter of local governance. If the Legislature had intended to preempt local planning and zoning authority, it would have done so in plain and unequivocal language, not by mere implication. Nevertheless, cities would prefer to clarify the issue through legislation than to face the uncertainty and expense of litigation. AWC Position AWC will support clarifying legislation confirming local governments' authority to exercise their planning and zoning authority with respect to gambling activities. We supported similar legislation during the 2000 Legislative Session. However, AWC cannot support legislation that would clarify cities' authority to exercise their planning and zoning authority only with respect to social card games. This is because of the rule of expressio unius est exclusio alterius. This is a principle of statutory construction which provides, "(w)here a statute specifically designates the things upon which it operates, there is an inference that the Legislature intended all omissions." Queets Band of Indians v. State, 102 Wn.2d 1, 5, 682 P.2d 909 (1984). That is, if the law specifically provided that social card games were subject to city planning and zoning authority, it would imply that city planning and zoning authority does not extend to other forms of gambling. Thus, in the view of most city attorneys, legislation limited to social card games would be a limitation on our current authority. Cooperation for Better Communities z s I- t--z re UO N0: L11 I. 1.-, CO LL g Q' co _o. Z �. I- O: Z CU 0 co H. w u .Z. co w O� z RANSOM ENTERPRISES Senator Margarita Prentice, Chair Senator Shirley Winsley, Co -Chair Senate Committee on Commerce 419 John A. Cherberg Bldg. PO Box 40482 Olympia, WA 98504 -0482 RE: Gambling & Zoning Authority for Cities lI%t O t h..:l t t :no t Itu.lclmr. 1 ;.It., \d.1%..h A.rn•r• Vnith ••ul:t 11.1 lu tt lna \ 414 1 : S 1,111:) 146 A trrt /•11111 1 . !tII •,4r, i 11.1 10/23/00 • Dear Commerce Committee, I am responding to your request for input on whether Local Governments should be allowed to have zoning rights over gambling establishments. I speak to you as a person elected to local government eight times, including three times as a City Councilman. I am currently a city Councilman in the City of Shoreline, WA which has three Mini- Casinos and 17 establishments with some gambling. I previously was a Human Resource Manager in local government for 20 years, and now work as a consultant and psychologist. 1) People forget that gambling was outlawed after the City of Seattle became corrupt with pay offs. What people fail to remember is that it was the government itself that was corrupt. This was documented in the book "On the Take" C 1978 by William J. Chambliss (Professor of Sociology at the Un of Delaware, who was at the Un of Washington at the time). It was the City's use of Zoning laws and the allowing of temporary permits and variances for a fee that got it all started. When the State created the State Gambling Commission in 1974 it was to tightly regulate it and remove all authority from local government. The Gambling Commission has been clean and kept the state gambling clean of corruption and crime, and brought in high revenue to both the state and local government. New Gambling Commissioners used to get a copy of Chambliss' book and were told to "NEVER LET IT HAPPEN AGAIN." 2) The current Rules for Card Rooms are for Restaurants with gambling as a supplement. The definition is that food and drink must be 51 percent or more of their income. In the Enhanced Card Rooms known as Mini - Casinos it is the opposite with the gambling revenue way over 51 percent, and a much smaller percent for food and drink. That breakline between a majority income being Food & Drink seems Page 1 z W'• . 6 JU U 0 U)• w W =. J I • u_ W 0}. g j -a zw F-= z�. zo uj gyCI. OU, oI-. ww H U .z U =; 0 z Letter to Sen. Margarita Prentice, Committee Chair by RL Ransom, date 10/23/00 RE: GAMBLING & Zoning Authority for Cities to be between 05 and 10 card tables. The Enhanced Card Rooms require much more parking (frequently a total of 200 parking spots) and other amenities than regular restaurants causing more congestion and noise. It is the latter the Cities wish to regulate and keep out of neighborhoods. 3) You can solve the problem for the Cities and keep the commitment "Of NEVER AGAIN" by doing the following: a) •O •T than as Restaurants as it is now. Allow the Gambling commission to totally regulate them. b) • • e v u 41 • 1 ove • • : - • e iL 01111 .411 O t u t • Enhanced Card Rooms with a majority income from Gambling to be limited_to large commercially zoned areas. sgch as regional business areas. This will seperate them from small restaurants and Taverns that may be in neighborhood business areas. Y ert L. "R• 'om� 6745 Burke orth horeline, A 9 206 -546 9 0 Fax 206 -546 354 Page 2 FRANK MILLER LAW FIRM, P.S., INC. GAMING LAW GOVERNMENTAL LAW Mr. John McFarland Deputy Mayor City of Tukwila 6200 South Center Blvd. Tukwila, WA 98188 RE: Card Room Ordinance Clarification Dear Mr. McFarland: STRATEGIC CONSULTATION July 24, 2000 CiiY C;. I am the attorney for the Silver Dollar Casino and represent Mr. Tim Iszley. Recently, Mr. Iszley has been in discussions with the owner's of the Golden Nugget Restaurant and Casino in your city. These discussions have centered on the purchase of the property and the business. A concern has been raised regarding the current prohibition for expansion of card rooms in the City of Tukwila. Specifically, whether a new owner requiring a new license for an existing card room is authorized under the current ordinance. After reviewing the ordinance, it appears to be somewhat unclear as to that issue. Therefore, I am asking you for a clarification as to whether or not the city will permit a new operator with a new license to operate at an existing location. In this situation, would the city object to Mr. Iszley's new business operating the Golden Nugget with a new license issued from the Gambling Commission. 4041 RUSTON WAY • TACOMA, WA • 98402 PHONE: 253.759 -9595 • FAX: 253. 759.9995 WWW.GAMBI.INGI_AW COI { Z C4 SS, G: J U' U O`. N W, W I: 2 g —J' u. co _° Z�. I— 0; Z F- p co; :O H: w = I- V',. Q Uco Z. .i - 2 - July 24, 2000 Thank you very much for consideration in this matter. I look forward to your response. Sincerely, 7 Attorney at Law • . Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION /' Le s b HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance • Board of Adjustment Agenda Pkt Project Name Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Mailer's Signature:,aN9.4- Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 X Other �L� Nl9. /q/ Lin ti 7 Was mailed to each of the addresses listed on this .9Th day of J OVki n the year 20 Q0 P:GINAWYNETTA/FORMS /AFFIDAVIT- MAIL0 1 /24100 1 1:44 AM Project Name Project Number: Mailer's Signature:,aN9.4- T('L P:GINAWYNETTA/FORMS /AFFIDAVIT- MAIL0 1 /24100 1 1:44 AM Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Steven B. Dowen President, SBD Inc. C/o Riverside Inn 14060 Interurban Avenue South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Avenue south Tukwila, WA 98168 -4723 Lily Hsue Pete's Flying Aces 14101 Pacific Highway South Tukwila, WA 98168 -4122 Steve Jones, Esq. • Foster Pepper Shefelman 111.1 Third Avenue, Suite 3400 Seattle, WA 98101 -3299 Ben Woyvodich 14005 29th Avenue South Tukwila, WA 98188 Don Smith 5700 South 129th Tutkwila, WA 98188 Keith Vormsberg President Golden Nugget 14025 Interurban Avenue South Tukwila, WA 98168 -4722 Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Steven B. Dowen President, SBD Inc. C/o Riverside Inn 14060 Interurban Avenue South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Avenue south Tukwila, WA 98168 -4723 Lily Hsue Pete's Flying Aces 14101 Pacific Highway South Tukwila, WA 98168 -4122 Steve Jones, Esq. Foster Pepper Shefelman 1111 Third Avenue, Suite 3400 Seattle, WA 98101 -3299 Ben Woyvodich 14005 29th Avenue South Tukwila, WA 98188 Don Smith 5700 South 129th Tutkwila, WA 98188 Keith Vormsberg President Golden Nugget 14025 Interurban Avenue South Tukwila, WA 98168 -4722 Gt4/4,_ S� z z: mow: J U: U O' cn W =; J l-: w w 11: z g: Ul 2 D. 0 co: w w' �U ~r • Z. O ~' z. TO: FROM: DATE: Ciiy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Mayor Mullet Steve Lancaster May 31, 2000 Draft Gambling Ordinance June 5, 2000 Council Meeting MEMORANDUM The attached draft ordinance reflects revisions requested by the Council and the Committee of the Whole during the past several meetings. These revisions include: • • A 4,000 square foot maximum (per casino) for areas devoted to the playing of house - banked social card games. The phrase "fire, flood or earthquake" has been revised to read "fire, flood, earthquake or other natural disaster." Staff has added language in the "Whereas" section of the ordinance to provide the reader with a rationale for these provisions. In the case of the construction of a new, replacement casino and the demolition of its predecessor, the language in Section 4.10.030(C)(3) has been revised to allow for a orderly transition from the new building to the old. Additional Revisions: You will also notice new language addressing the suspension or revocation of a gambling license (Sections 4.10.010(B)(2) and 4.10.030(D). If a gambling license is suspended by the Gambling Commission, the holder of that license has the opportunity to appeal. If the appeal is unsuccessful, an appeal may then be filed with Thurston County Superior Court. In any event, no gambling activities may occur under that license until the license issues are resolved. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z tu U O` ,.CA 01 w= H: W0 u. co Dri , _• z I.0. Z 2 La 0 10 m :, = U: Dui z z Mayor Mullet May 31, 2000 Page 2 Summary of Draft Ordinance Provisions: Given the variety of scenarios addressed by this ordinance, staff felt it would be helpful to provide an overview of the ordinance provisions. These provisions, intended to provide a "level playing field" for all excepted mini - casinos, are summarized as follows: Under the proposed ordinance, an existing casino may expand the size of its building or may build a new, replacement casino at the same location (subject to closure and demolition of the old casino). This rebuild or addition may occur at the owner's discretion or as the result of a fire, flood, earthquake or other natural disaster. Any of the affected casinos may, at any time, increase the size of the area devoted to the playing of house - banked social card games, so long as that area does not exceed 4,000 square feet in size. Additionally, a casino may expand its premises for purposes other than house - banked social card games, subject to City codes. If a casino's gambling license is suspended or revoked, that casino can resume gambling operations so long as the license is reinstated by the Gambling Commission or the court. This is regardless of the amount of time it takes to obtain a reinstatement of the gambling license. Under current State law, each casino is allowed up to 15 tables that can be devoted to house - banked social card games. In the future, State law may be changed to allow an increase in the number of tables. Tukwila's gambling ordinance does not and would not regulate this. Neither does the ordinance address or regulate other forms of gambling, such as pull -tabs, punchboards or player- funded social card games. Next Step: The existing moratorium expires on July 14, 2000. The Council will meet two more times before that expiration date (June 19th and July 3rd). City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Mayor Mullet FROM: Steve Lancaster DATE: May 10, 2000 MEMORANDUM RE: Mini - Casino Issues for May 15, 2000 Council Meeting At COW s request, CAP reviewed five approaches for establishing the size of the areas occupied by house - banked social card games in mini - casinos. Those five options are summarized in staffs May 2nd memo to CAP (attached). Upon review of the five options, CAP strongly recommends Option 3 to the Council. Option 3 would establish a specific square footage limitation on house - banked social card game activities. However, no consensus was reached on the size of the square footage allotment. CAP asks that the Council adopt its recommendation and arrive at an equitable square footage allotment that would apply to all the affected mini - casinos. The current size of the areas devoted to house - banked social card games in the four existing mini - casinos is shown below: Pete's Flying Aces 2500 square feet Riverside Inn 2302 square feet Silver Dollar 1700 square feet Golden Nugget 1517 square feet The average of these areas is approximately 2,000 square feet. With one exception, each casino has the maximum number of tables allowed by law (fifteen). However, in the case of the Golden Nugget, only twelve tables are in active use with an additional two tables being used for occasional tournaments. Next Step: As you know, the existing moratorium expires on July 14, 2000. Staff is prepared to incorporate your recommendations into ordinance language. Given the impending expiration date of the moratorium, the revised draft ordinance can be presented to the Council on June 5th. C: \DEB \Casino \Council5.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z :H w Ce U• 00 N o w =• • w w 0: mow; z�. I- 0' z I; 17 w U; uzi. O- H z TO: FROM: Steve Lancaster DATE: May 2, 2000 ATTACHMENT A city of Tukwila Department of Community Development MEMORANDUM Community Affairs & Parks Subcommittee RE: Mini - Casino Issues for May 9, 2000 CAP Agenda Steven M. Mullet, Mayor Steve Lancaster, Director On April 25th, the Committee of the Whole reviewed the latest version of the proposed gambling ordinance and received input from staff and casino operators. COW evaluated a variety of criteria that could be used to establish the size of casino gaming areas, both now and in the future. It was determined that this issue should be sent to CAP for further deliberation. Policy Options: This chart summarizes the three basic options that were presented to COW on the 25th but also incorporates suggested revisions made during that meeting. A brief listing of the "pros" and "cons" of each option is also provided after each option. - CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A ', NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 1 (Limit gaming area to existing square footage.) NO Gaming area can't exceed square footage of gaming area that existed as of May 1, 2000. Gaming area in rebuilt casino can't exceed the square footage of the gaming area that existed as of May 1, 2000. Size of gaming area in Las Vegas Blvd. Casino to be established during permit process and can't be increased later. ._,ti, .�_..t;,. -spa ri ;. ,. ..-- x� +l 5�.. � 7 .: .... - ..... _._ ... ..- ' PROS: By limiting the size of gaming areas to the current square footage, associated impacts (such as traffic) are less likely to increase. CONS: The size of gaming areas varies by casino - smaller casinos disadvantaged. If state gambling laws allow more tables per casino, smaller casinos will have space limitations. C: \DEB \Casino \CAPMEM7.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 z Z • F'w 'cc 2; o Jo 1.) 0, coo • 'WI • w 0: �a x I— W x, z�'. w uj 0; o I-. W w' oi O: z, o O ~: z Community Affairs & Parks Subcommittee May 2, 2000 Page 2 OPTION 3 (Limit gaming area to a specified square footage.) CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 2 (Limit gaming area to existing building envelope.) YES Gaming area may expand only within the casino's building envelope (as it existed on May 1, 2000). The size of the building envelope of the rebuilt casino cannot exceed the size of the casino it replaced. The gaming area within the rebuilt casino may expand only within the rebuilt building's envelope. Size of the building envelope of the Las Vegas Blvd. Casino building to be established during permit process and can't be increased later. The gaming area may expand only within that fixed building envelope. S, '� �.X'C:.'.`.31i. -.b:a y ,::a yi. .......: ,�_+n- 7liwi.:1�!•e..,.`.f.L', ..: �5. ,� t 1.0.41 .:.17; : -. •," +... ::i ii«t,.... .. •. .. 'Y,},..f•.1�..1t..+ i ..��M1•ct ...�+y ^•.:t:Cir . d:': :'`+..Y5itZ. �aui*.'� /�.'r.Yii,i iv", ?iF..`..Y. .. aaL:f.�•iC .a�i. w.. 1., 1�i- .`!n...- ,:1.J!�•d.Y.t'�.Y.`.` CONS: PROS: Size of gaming area can be expanded if state gambling laws allow more tables per casino. CONS: Other amenities, such as restaurant areas may be reduced dramatically to allow maximum area for gaming. Casinos with small building envelopes at a disadvantage. OPTION 3 (Limit gaming area to a specified square footage.) YES The gaming area in each casino may not exceed The gaming area in any rebuilt casino may not , exceed square The maximum square foot allotment for gaming areas applies to all 5 casinos identified in the Gambling Ordinance (regardless of whether they are existing, expanded, replaced or proposed). square feet in size. feet in size. _r .w.'y.r„+ry °!"'' "r*: • "•':;'��eKSi: fy:u� ^-,. .iT: :! !, �_, -�� . .. :fh tYe'2 � '93 � .... '.•k. ..i�... ._ '+it` ^•�: .}m'i r�- .i+izpi` :«%i;?.�. .- �.iti,+ -� ....... �::ra'.ce. ... ... . ... :. .•;-,.:�.a:_ :1 :._. ,:•�':; �l.t. :n ��r�'adP �- "' '�?.ii�. PROS: The same square foot allotment is allowed for all 5 casinos. CONS: The optimal square foot allotment may be difficult to determine. C: \DEB \Casino \CAPMEM7. doc ti •z W. -U 0)0' wI J I- Nw w O: w D. a '1 z,.. i— O • zr 11J uj: n0 N.. wW U F E- LL 0 0 ~O Z Community Affairs & Parks Subcommittee May 2, 2000 Page 3 OPTION 5 CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 4 (Limit gaming area to 15 tables, revisit if State increases limit.) N/A Existing arrangement of 15 tables approved by State. If State allows an increase in number of tables, the State will have to approve the new table arrangement. The State would have to approve the layout and number of tables in the rebuilt casino. The 5 casinos identified in the Gambling Ordinance (regardless of whether they are existing, expanded, replaced or proposed) are required to have a State - approved table arrangement. sY�yid _ E!�►.� ... i+..Eaa Y .Td. ''.,:11;. '..... .- :...v� - 3- Mi�'•�':; :_' ':,:�. _�f�., :::���;�� .irLr _ +.. ... :,l::r1 ._.. '- :'�.•.."�:��!:n? .; -��r: :gglJi.li..vul.t.�iiY:6'i�`' !sa ^rAf:§7- 1:1n,,�.. - .+'!... �. r.. I4c1:; qt.. tA' a' �' dr�LLF�itl :l:'iS:L.:�a:!3'r'.�:�FL1'n..rt ��.�r`c'YrY++� ...�fe ry:in.:�ic�tl - PROS: The State monitors and reviews. CONS: Table arrangements may vary is size. OPTION 5 (No square footage limit on gaming.) Yes None. At owner's discretion. Number of tables and arrangement only limited by State regulations. 1�'i�' .' rSi' .. .. � t• . . . is (1 .,.:.. .,. -.. •: ._.. ;..+..,.'..1 .:: � - .. ........ f' w. .rri ,- .,.ice•• ... ..:•' �...:i:..�I�k. �..y�. �v,.:♦,i1 .. ... duo.. r..s .... «m ..: ... -..• i - PROS: No monitoring required by Tukwila. CONS: Associated impacts, such as traffic, may increase with casino size. Suggested Revisions to Ordinance Language: The following recommendations were made by COW on April 25th: 1. That the words "or other natural disaster" be added after "fire, flood or earthquake" in Section 4.10.030(B)(1) and (2). 2. The term "building footprint" is inadequate because it does not address the number of stories a building may have. Staff recommends the use of the term "building envelope ". Next Step: As you know, the existing moratorium expires on July 14, 2000. Staff is prepared to incorporate your recommendations into ordinance language. Given the' impending expiration date of the moratorium, the revised draft ordinance should be presented on May 22nd for consideration by COW, followed by the Council's review on June 5th. C: \DEB \Casino \CAP M EM7. doc z w. ce 6 UO N 0 fA w w w0 g 5 u_ co zd �w z �. I— O z t- w w. .0 I-. w W 0, ui z U I. ~O z RECEIVED DE Y 0 5 2000 Community and Parks Committee Tuesday, May 9, 2000 DMMUN1 T `( 5:00 p.m. �ELOPMENT Dave Fenton, Chairman Joan Hernandez Pam Linder Agenda Agenda items Action At this time, you need to designate about how much the City will spend in the Home Repair project in 2001, and to accept the allocations for CDBG. Staff has given several options for the committee to consider in adopting a new ordinance. Recommend course of action to COW. Staff has proposed membership and goals for a skate park advisory committee. You can make your recommendations to COW. Most of the current issues seem to have been discussed at the joint meeting with staff. Any additional questions? 1. CDBG Fund Allocations 2 Mini Casino Issues 3 Skate Park Advisory Committee Proposal 4 First Quarter. Reports The City of Tukwila strives to accommodate persons with disabilities. Please call Lucy Lauterbach at 433 -1834 if you need special accommodations. • TO: Community and Parks Committee FROM: Mayor's Office RE: 2001 CDBG Funds DATE: 4/12/00 The attached memorandum from Evelyn Boykan outlines required Council action for the acceptance of our 2001 CDBG allocations from King County. We are not required at this time to designate how we will specifically spend these funds, other than by general category, with the exception of the Home Repair Program. The Mayor's Office has reviewed the year 2000 allocations with the intention of identifying funds that could possibly be used for supplementing the purchase of property for single family "first time home buyers ", or in conjunction with other programs such as Habitat for Humanity. Additionally, we are exploring methods to ensure greater participation in the King County Home Repair Program and the Minor Home Repair Program. To accomplish this, we will complete a review of several activities and programs funded in 2000 and recommend possible modifications for 2001 expenditures. That will be presented to you at a later date. CC: Evelyn Boykan z C.) O' unw W =' u) LL .g J •COD; = cy w. � o Z n! .0 o!. ' =.0 Li- ui UN .O • Memorandum To: Mayor's Office CC: From: Evie Boykan, Human Services Coordinator • Date: 04/12/00 Re: CDBG pass through acceptance Each year as .a pass through City, we receive an allocation of Community Development Block Grant funds which are used to assist low and • moderate income residents with housing and community development needs. Funds can be used for infrastructure (public facilities, parks , property acquisition, rehabilitation), public or human services and planning and administration. There are certain restrictions such as how much money can be used for planning and administration and public •services. Council will need to act on three items related to Community Development Block Grant 1. Agree to receive and administer the pass-through CDBG funds. 2. Allocate a portion of the funds for human service activities, and planning and administration, if desired. If not desired, these funds can be used for capital projects. 3. Indicate an estimate of how many funds should be allocated to the King County Housing Repair program for 2001. This estimate can be changed as the City further defines how it wants to allocate funds for next year. We expect to receive $145,396 for next year. This allows us to spend $20,709 for human service activities, $18,396 for planning and administration and $106,291 for capital projects. This does not include any unspent funds from this year. For your information, allocations for this year are in the following areas: King County Home Repair - $70,000 (really $59,500 after 15% admin fee) • • • • ": ,•• ••',.•••," • • •,-.• • • "," ••••• • '- . " • April 12, 2000 Minor Home Repair - $20,000 First Time Homebuyers program - $45,000 Catholic Community Services Housing - $5,000 (one time assistance) SKMSC Nike Sewer - $5,000 (one time assistance) Transitional Resources - $5,000 (one time assistance) Park Acquisition - $104, 954 Nutrition Coordinator - $19,000, Teen Programmer $6,118 Reach staff person - $23,126 The first quarter report from the King County Housing Repair program shows that 11 projects are pending at an estimated value of $88,000. $103,204 is available to commit for the rest of the year due to the amount of carryover from 1999. Council and Administration will need to determine a rough estimate for housing repair for next year. This can be changed as we progress toward more defining our block grant projects later this spring. Our minor home repair program, to date, has served 18 households with about 30 jobs. We have approximately $20,000 available in this budget for the remainder of this year. This item is scheduled for review by Community and Parks on April 25. Please let me know if you have any questions. Estimate of 2001 CDBG Fund Distribution as of 4/10/00 CITY Bothell Burien Covington Des Moines Enumclaw Federal Way Issaquah Kent Kirkland Lake Forest Park Mercer Island Redmond Renton SeaTac Shoreline Tukwila TOTAL Co & Sm Cities % of Consortium's ENTITLEMENT RECAPTURED PROGRAM TOTAL LOW /MOD POP SHARE 1/ FUNDS 2/ INCOME 3/ SHARE 0.02449 138,267 3,200 216 0.03722 210,151 4,864 328 0.01152 65,041 . 1,505 102 0.03693 208,522 4,826 4,818 0.01587 89,601 2,074 140 0.08451 477,158 11,043 19,090 0.00847 47,832 1,107 4,405 0.08997 508,028 11,758 30,328 0.04799 270,962 6,271 3,187 0.00952 53,738 1,244 84 0.00965 54,486 1,261 85 0.04160 234,893 5,436 367 0.06127 345,951 8,007 7,058 0.03326 187,799 4,346 45,454 0.05467 308,666 7,144 27,482 0.02365 133,528 3,090 8,778 0.59058 3,334,623 77,176 151,922 0.40942 2,311,755 53,504 991,593 PUBLIC PLANNING BALANCE SERVICE & ADMIN AVAIL. 141,683 23,281 21,497 96,905 215,343 35,384 32,673 147,286 66,648 10,951 10,112 45,585 218,166 35,110 32,420 150,636 91,815 15,086 13,931 62,798 507,291 80,341 74,187 352,763 53,344 8,054 7,437 37,853 550,114 85,539 78,986 385,589 280,420 45,623 42,128 192,669 55,066 9,048 8,355 37,663 55,832 9,174 8,471 38,187 240,696 39,550 36,520 164,626 361,016 58,249 53,787 248,980 237,599 31,620 29,198 176,781 343,292 51,971 47,990 243,331 145,396 22,483 20,760 102,153 3,563,721 561,464 518,452 2,483,805 3,356,852 389,239 359,423 2,608,190 1/ Based on a 2001 entitlement of $7,000,000 and program income of $1,338,010; an administrative setaside of 1,053,622 and a public services setaside of $300,000. 2/ This includes recaptured funds from the administrative setaside which is distributed to the cities and the county. Recaptured funds from cancelled or completed projects with a balance will be added to each jurisdiction's total in July. 3/ This includes program income from the housing repair loan repayments returning to each jurisdiction as well as program income from the Housing Stability Project which is disbributed among all the jurisdictions. R: \CDBG \PTCities \01est.xls (04/11/2000) Z re 3= . JU HOC N C; : tnW. 1--: N IL.: I. W 0:. u Q a. w: Z • z .? p. O N.• H = V;. • l Z' • ltcoLy F= • :O Z THE CITY OF I kW 4I a, QUALIFIES FOR AN ESTIMATED $111 S) D% IN 2001 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1, 2001. Please check one: Our City does not elect to receive and administer the above estimated pass- through. We choose instead to apply for CDBG funding on a project by project basis through the County and Small Cities process. _ Our City elects to receive and administer the above estimated pass- through with the conditions outlined in the 2000 -2002 Community Development Block Grant Interlocal Cooperation Agreement. Among other responsibilities, we recognize that in accepting a pass - through we are accepting the responsibility of identifying priority needs and allocating the pass - through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. Cities which accept the pass - through should check the following if applicable: Our City would like to allocate a portion of our funds for public (human) service activities. Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We would like to request additional funds for the following: Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our residents may participate. We understand that 15% of the total amount allocated will be used for program delivery costs. The following lists our distribution of CDBG funds for 2001: (List amounts below). Public Services Planning & Admin Additional P &A . Requested Housing Repair Capital Projects Total Funds Available $ $ $ $ $ $ 145, 39(., Signature of Mayor or Authorized Person Date Please attach a copy of the City Council's authorization of the above and return to HCD by May 31, 2000. 5 „.., .. TO: FROM: Steve Lancaster DATE: May 2, 2000 City of Tukwila Department of Community Development MEMORANDUM Community Affairs & Parks Subcommittee RE: Mini - Casino Issues for May 9, 2000 CAP Agenda Steven M. Mullet, Mayor Steve Lancaster, Director On April 25th, the Committee of the Whole reviewed the' latest version of the proposed gambling ordinance and received input from staff and casino operators. COW evaluated a variety of criteria that could be used to establish the size of casino gaming areas, both now and in the future. it was determined that this issue should be sent to CAP for further deliberation. Policy Options: This chart summarizes the three basic options that were presented to COW on the 25th but also incorporates suggested revisions made during that meeting. A brief listing of the "pros" and "cons" of each option is also provided after each option. C: \DEB \Casino \CAPMEM7.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206-431-3665 z 1 w re J U0 moo, w= J WO 2 u_ _, • _. z� w I. O • o co O — o ff w w. 1--• U U. 8 wz O N O z CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 1 (Limit gaming area to existing square footage.) NO Gaming area can't exceed square footage of gaming area that existed as of May 1, 2000. Gaming area in rebuilt casino can't exceed the square footage of the gaming area that existed as of May 1, 2000. Size of gaming area in Las Vegas Blvd. Casino to be established during permit process and can't be increased later. PROS: By limiting the size of gaming areas to the current square footage, associated impacts (such as traffic) are less likely to increase. CONS: The size of gaming areas varies by casino - smaller casinos disadvantaged. If state gambling laws allow more tables per casino, smaller casinos will have space limitations. C: \DEB \Casino \CAPMEM7.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206-431-3665 z 1 w re J U0 moo, w= J WO 2 u_ _, • _. z� w I. O • o co O — o ff w w. 1--• U U. 8 wz O N O z Community Affairs & Parks S..,,committee May 2, 2000 Page 2 OPTION 3 CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ' ADDITIONAL NOTES OPTION 2 The gaming area in The gaming area in any Size of the building (Limit YES Gaming area may The size of the building envelope of the Las gaming YES expand only within envelope of the rebuilt Vegas Blvd. Casino area to the casino's building casino cannot exceed the building to be established existing :Y4-��r envelope (as it size of the casino it during permit process and building PROS: existed on replaced. The gaming area can't be increased later. envelope.) May 1, 2000). within the rebuilt casino may expand only within the rebuilt buildin•'s envelo. =. The gaming area may expand only within that fixed buildin' envelope. PROS: Size of gaming area can be expanded if state gambling laws allow more tables per casino. CONS: Other amenities, such as restaurant areas may be reduced dramatically to allow maximum area for gaming. Casinos with small building envelopes at a disadvantage. OPTION 3 The maximum square (Limit' The gaming area in The gaming area in any foot allotment for gaming gaming YES each casino may not rebuilt casino may not areas applies to all 5 area to a exceed exceed square casinos identified in the specified square footage.) square feet in size. feet in size. Gambling Ordinance (regardless of whether they are existing, expanded, replaced or proposed). .Llii?A`git :Y4-��r �-,�'•i ��-�n Afr •} '..)g s. +a }�, ra; PROS: The same square foot allotment is allowed for all.5 casinos. CONS: The optimal square foot allotment may be difficult to determine. C: \DEB \Casino \CAPMEM7.doc Community Affairs & Parks Sum mmittee May 2, 2000 Page 3 OPTION 5 CAN THE HOW WILL THE SIZE OF (No square footage SIZE OF AN WHAT ARE THE A GAMING AREA BE Number of tables and arrangement only limited by State regulations. limit on EXISTING LIMITS AFFECTING DETERMINED IF THE gamiin,cg.) GAMING THE EXPANSION CASINO IS REBUILT (AS ADDITIONAL NOTES AREA BE OF AN EXISTING THE RESULT OF A _-- .. taw. . EXPANDED GAMING AREA IN A NATURAL DISASTER OR Associated impacts, such as traffic, may increase with casino size. IN A CASINO? AT THE OWNER'S . CASINO? DISCRETION)? OPTION 4 Existing arrangement The 5 casinos identified in (Limit of 15 tables approved The State would have to the Gambling Ordinance gaming N/A by State. If State approve the layout and (regardless of whether area to 15 tables, revisit if allows an increase in number of tables, the State will have to number of tables in the rebuilt casino. they are existing, expanded, replaced or proposed) are required to State approve the new have a State - approved increases limit.) table arrangement. table arrangement. •.�1:- iM. • PROS: The State monitors and reviews. CONS: Table arrangements may vary is size. OPTION 5 (No square footage Yes None. At owner's discretion. Number of tables and arrangement only limited by State regulations. limit on gamiin,cg.) ` 1rK...t....... _-- .. taw. . PROS: No monitoring required by Tukwila. CONS: Associated impacts, such as traffic, may increase with casino size. Suggested Revisions to Ordinance Language: The following recommendations were made by COW on April 25th: 1. That the words "or other natural disaster" be added after "fire, flood or earthquake" in Section 4.10.030(B)(1) and (2). 2. The term "building footprint' is inadequate because it does not address the number of stories a building may have. Staff recommends the use of the term "building envelope ". Next Step: As you know, the existing moratorium expires on July 14, 2000. Staff is prepared to incorporate your recommendations into ordinance language. Given the impending expiration date of the moratorium, the revised draft ordinance should be presented on May 22nd for consideration by COW, followed by the Council's review on June 5th. C: \DEB \Casino \CAPMEM7.doc City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M Mullet, Mayor MEMORANDUM TO: Mayor Steve Mullet Members of the Community & Parks Committee FROM: Don Williams, Parks and Recreation Director �1 DATE: May 5, 2000 SUBJECT: Skate Park Advisory Committee Proposal At the joint Tukwila School Board and City Council meeting of May 2 "d, I proposed a study and advisory committee be formed to analyze the school and other sites, selection criteria and other considerations. It is my feeling that the "fear factor" is having an impact with regard to such a facility, particularly at the pool site. I believe the best way to move towards any decision is for representatives from the school district, city and citizens to meet, listen, learn, share honest concerns and then make recommendations to those ultimately responsible for making the decisions. Committee Membership I propose the following representatives be appointed by the Mayor, Council President, Superintendent and School Board President. Members should be selected no later than May 16th. My office can act as the coordinating office and provide staff support to the committee. Perhaps proponents and opponents of this project should equally be selected for the committee. Proposed Membership: Police Department 1 Parks & Recreation Director 1 Parks Superintendent 1 Council Representative 1 School Officials* 3 School Board 1 Park Commission 1 High School Skate Boarder 1 Parent of Skateboarder 1 TOTAL 11 *Possible members — School Security, Teacher, High School Administrator 1S. Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 .. +, z :mow uJ U O` w w Ili= J 1_i N w 0 u_ �a 1- w: z� 1- 0 Z~ uj 2 U� o�'+. o I- 111 ..16 a U. 10-, al Z c 0 H,. z Memorandum — Mayor and Members of the Community and Parks Committee May 5, 2000 — Page 2 Committee Tasks A. Become familiar with skate parks, rules and locations in the area. B. Review and finalize a list of site selection criteria and put into a prioritized list. C. Study all previously reviewed local sites and any new ones added. Prioritize a list of preferred sites, minimum of five sites. D. Study any special problems and solutions for any site, especially a skate park next to any school. E. Become familiar with liability, design, construction and cost issues. F. Study other site's rules and problems like graffiti, litter or illegal substance problems. Propose solutions and ways to minimize such problems. Consider or propose any special school rules or city laws that may be needed. G. Gain an understanding that with any public area may come problems and set a standard that if certain unwanted activity occurs, what can be done to curtail it, including closing down the skate park. H. Add to this list of tasks any others that will add knowledge and understanding to help make intelligent and responsible recommendations. Recommendation Consider this proposal as one way to help everyone make a decision concerning this special project. The important elements include the opportunity for everyone to learn and be heard, problems and solutions considered, and in the end, a recommendation made. I suggest this committee be formed as soon as possible and their recommendation be rendered by June 20t. cc: City Council (Non- Community and Parks Committee Members) John McFarland, City Administrator Bruce Fletcher, Assistant Parks & Recreation Director Paul Surek, Parks Superintendent Keith Haines, Police Chief ..,. z , _ I- , w re 2 JO. U O, CI W J j—.. u_ w 0. ici Z �. Z i-; w: ,w w` " W Z;. U.S CO z �.1 FIRST QUARTER REPORT TO COUNCIL JANUARY 1, 2000 - MARCH 31, 2000 For Community and Parks Committee Review DEPARTMENT OF COMMUNITY DEVELOPMENT 1sT QUARTER MAJOR ACCOMPLISHMENTS • Development of reasonable regulations pertaining to Mini - Casino's. • Preparation and adoption of a moratorium on correctional facilities. 1sT QUARTER SIGNIFICANT ISSUES • Participation and oversight of Sound Transit's evaluation of the E -4 light rail alignment option. Independent analysis of E -1 right -of -way, displacement and business impact costs. Preparation for key Sound Transit Board decision regarding E -1 vs. E -4 scheduled for May. • Work with AWC, other cities and the Washington State Legislature to clarify local land use authority relating to gambling facilities. This work will need to continue next year. • Unprecedented development activity. Value of building construction permitted during the first quarter of 2000 was $47 million. This compares to approximately $12 million for the same period in 1999, $4 million for 1998 and $6 million for 1997. BUDGET PROGRAM GOALS Administration 1. Develop draft of new Shoreline Master Program: The shoreline Advisory Panel has completed their review and forwarded a recommended plan to the Planning Commission. The Planning Commission will begin their review in April with a public meeting and hearing in the summer. 2. Public review and adoption of new commercial Design Review Guidelines: No activity for this quarter. 3. Implement the Sian Code Amortization Program. Phase 2: Staff has developed a second newsletter explaining the Sign amortization Program, which was mailed to all businesses in the City. Staff met with two business owners interested in reaching Voluntary Sign Reduction Agreements under the amortization program. 4. Manage review /permit process for Sound Transit's Commuter Rail and Light Rail facilities: There has been no permit activity during the 16‘ quarter. 5. Implement Urban Renewal Program (Tukwila International Boulevard): SEPA review and documentation was completed for demolition of the existing structures. 6. Implement agreement with Seattle and King County resolving boundary line differences ownership of the 16'" Avenue South Bridge and potential annexation areas: Staff submitted to the City of Seattle and King County a revised legal description of the City boundary and began the process of amending the Comprehensive Plan Map. It has been reported to us that Seattle and King County are working through some issues that don't directly affect Tukwila, but need to be resolved before the agreement is completed. 7. Obtain agreement with SeaTac resolving potential annexation area overlap: Preliminary staff - level discussions with SeaTac and King County occurred during the first quarter. However, little progress has been made due to some basic disagreements over responsibilities for street maintenance. 8. Conduct annual review of Comprehensive Plan: Staff has prepared reports and the City Council will begin their review in April. 9. Work with King County and Southwest King County cities in developing economic development strategies for the region: The interjurisdictional staff team has developed a scope of work I% _. First Quarter Report 2000 For Community & Parks Committee Review Page 2 and begun the process of hiring a consultant. The consultant contract will be funded primarily through a federal grant. 10. Develop appropriate land use regulations for mini- casinos: Draft regulations were approved by CAP and forwarded to the City Council for review. 11. Update Sensitive Area ordinance in response to the Endangered Species Act: Activity during the first quarter has been limited primarily to monitoring the NMFS "4(d)" rule- making process. Until the rule is issued, it is impossible to determine what SAO amendments may be necessary. 12. Pursue Partners Funding for 99 Plan implementation: Established contact with the Low Income Housing Initiative (LIHI), which is pursuing the possibility of building a mixed - income housing project in the TIB corridor. 13. Re -map all the sensitive areas and topographic features: No activity for this quarter. New Program Goals Develop regulation for community treatment centers for prisoners and similar land use. The City Council has established a moratorium and staff has prepared a draft work plan to resolve issues raised by this moratorium. Permit Coordination and Building 1. Implement a system to allow mechanical permits for minor work to be issued °over the counter": The Permit Center has worked with the Building Division to implement issuing residential mechanical change -out permits over the counter. This process is in place and has proved to be successful. 2.' Implement a system for issuing roof Dermits "over the counter": It has been determined that the issuance of commercial re -roof permits over the counter is something we really don't want to do at this time. It has not been a major problem area and because of energy code requirements and structural issues a plan review is normally necessary in order to assure code compliance. 3. Assist other departments and divisions in the development of new and revised handouts used at the permit counter: The Permit Coordinator is reviewing the current applications and handouts for various permits issued by the Permit Center. Working with the affected departments in creating revised applications/handouts, which in turn may trigger additional handouts for public use. 4. Complete conversion from DOS -based automated permit management system to Windows - based system: The Permit coordinator and the IS department have begun the conversion process with help from Sierra Computer Systems. 5. Assume plumbing permit and inspection responsibility if evaluation determines benefits outweigh costs: As stated in Item 9 of the 1999 4Q1 Quarter Report the benefits of assuming plumbing permit and inspection responsibility do not outweigh costs at this time. Planning Commission 1. Develop recommendations to City Council on new Design Review Guidelines: No activity for this quarter. 2. Increase participation in PlanninQCommission training opportunities; No activity for this quarter. 3. Review Shoreline Master Plan: The planning Commission had a briefing in March, in April they will begin to review the draft plan. 4. Review Urban Center Design: Planning Division staff is working with economic development consultant Mike Ragsdale on a work program and grant funding to update and refine the urban center plan. fB z = Z. w � UO u)w J 1- U) w0 g 5. u-Q 1— w Z= 1- O Z1—. 2 n O N CH ww Z U_ Z. w U =, 0 z First Quarter Report 2000 For Community & Parks Committee Review Page 3 PARKS AND RECREATION DEPARTMENT 1sT QUARTER SIGNIFICANT ISSUES Director announced his retirement and Assistant Director promoted into his position. Helen Nelson/WSDOT property offered to the city and a down payment sent. Ordered T.C.C. gym floor covering. Hired two replacement staff, Facilities Coordinator and Teen Leader, plus two daytime custodians started in February. BUDGET PROGRAM GOALS Administration 1. Adopt new Six -Year Park. Golf & Public Places Space Plan: Draft completed and given to Park Commission for review on 4/5. 2. Complete construction of park/aolf maintenance facility: Project on schedule, 60% complete. 3. Apply for grants for Cascade Park: purchase land if possible: Decision to acquire delayed, no grants applied for with opportunity ending 6/1/00. 4. Begin planning for skateboard Dark: select location: Park Commission and Council's Community and Parks Committee discussed site, proposal made to Tukwila School Board in April for site by pool. 5. Enhance all gateway signs with landscaping: All but three gateways received improved landscaping. One gateway remains to be installed. 6. Begin process to design new golf clubhouse: Topographical soils work to begin in April, information on permits obtained. 7. Work with Army Corps of Engineers to develop Codiaa Farm site for passive park. small boat ramp and a fish estuary: Letter of concept agreement sent to Corp., concept plan completed containing garden area, small boat ramp and general park improvements. Recreation 1. Provide 5 new program offerings for preschool -aged youth including gymnastics. pottery, dance and arts and craft classes: 100% completed. We have offered dance, gymnastics, pottery, 5 craft classes. 2. Improve and implement additional after - school teen programs for 6th to 8th graders (during the school year) in cooperation with the Tukwila School District: 25% complete. Started the Foster Library Program in conjunction with library and school district. 3. Implement a more customer - friendly process of renting rooms at the Tukwila Community Center through: ✓ Giving a higher level of customer service to the client by providing on -going staff training: 33% have had training. ✓ Updating the facility rental packet: Completed. Updated rental packet. ✓ Implementing a system in which customers are able to reserve space through faxed contracts with credit card payments: Completed. We are taking reservations through faxes and credit card payments. 4. Schedule at least two trade shows in the Tukwila Community Center Gymnasium – working with our Marketing Manager and upon securing proper gym flooring: On- going —will receive carpet training for the gym floor covering April 7m. Develop and implement a summer outdoor volleyball league: Will be offering the program this summer. 6. Provide increased programs for senior activities including new line dancing, ceramics and senior band programs: 33% completed. Offered line dancing with seniors, waiting for kiln for ceramics class. 7. Increase division revenues by a minimum of 15% ($80,700) of the 1999 budget while providing increased auality recreational services. Revenues include activity, program and rental fees: O 19 First Quarter Report 2000 For Community & Parks Committee Review Page 4 Averaging $9,500 a month for activities; $26,210 a month for programs; and, rentals are at $58,464, as of February. Parks Maintenance 1. Finalize a standard desion for all maior Dark entrances: Reviewing options for sign design. 2. Select a Parks Maintenance Plan software program and input inventory data: Researching software. 3. Install three historical markers. providing easements can be obtained: Easements need to be obtained. 4. Assimilate the new parks into our system: Made a few changes to staff park assignments. Golf Course Maintenance 1. Complete construction of maintenance facility by December: 60% completed. 2. Move into new facility and complete landscaping: No activity. 3. Build new 14Th and 17`" greens. and rebuild 11'" and 17th tees: Design 90% completed. Golf Course Pro Shop 1. Develop restaurant concessionaire contract: No activity. 2. Develop web page access: No activity. 3. Develop new "proaram" for clubhouse spaces: 20% completed. 4. Select architect for new clubhouse and begin desion: No activity. Arts Commission 1. Produce a self - auided tour map of all City art locations in Tukwila: 25% complete. Hired a graphic designer. 2. Purchase and install at least one piece of permanent art at a City location to be determined by the Arts Commission: Identified various pieces, final decision to come. 3. Provide art expertise for the Tukwila International Boulevard project in partnership with Community Planning and Maker's Architecture: In progress. Hired artist for input on artistic design. 4. Continue to provide art expertise to Sound Transit for all rail station art projects. including sound barrier walls in Tukwila: In progress for Heavy Rail, on hold for Light Rail. 5. Submit and receive grant funding for the "Music in the Park" and Kina County performance network series ($5.0001: Grant submitted. 6. Add a 'children's staae" of entertainment to the "Tukwila Days" community festival providing four additional performances: In progress. Will complete at Tukwila Days on July 8. 7. Coordinate the Hotel/Motel tax art oroaram: In progress. Meeting with Lodging Tax Advisory Board. Parks Commission 1. Participate in discussions for the design of the new golf course clubhouse: No action. 2. Participate with sponsoring an activity for Tukwila Days: No decision yet. 3. Assist with the plannina of a future skateboard park: Held two meetings with citizens. 4. Assist with the Dlannina of a future Cascade View neighborhood park: No action. 5. Review Six -year Park & Open Space Plan draft and make recommendations: Reviewed 4/5. 6. Advise staff. Council and Mayor on policies and recommendations concemina the new Park and Open Space Six -Year Plan: See #5 above. TO: FROM: Steve Lancaster)( DATE: May 2, 2000 Ciiy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM Community Affairs & Parks Subcommittee RE: Mini - Casino Issues for May 9, 2000 CAP Agenda On April 25th, the Committee of the Whole reviewed the latest version of the proposed gambling ordinance and received input from staff and casino operators. COW evaluated a variety of criteria that could be used to establish the size of casino gaming areas, both now and in the future. It was determined that this issue should be sent to CAP for further deliberation. Policy Options: This chart summarizes the three basic options that were presented to COW on the 25th but also incorporates suggested revisions made during that meeting. A brief listing of the "pros" and "cons" of each option is also provided after each option. C: \DEB \Casino \CAPMEM7.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 . z JU oo N0. ww - E- `10 ua =• O F..w )-0. Z i— • D. U 0 0 �. w H 0, • 0 w H= O~ z Community Affairs & Parks Subcommittee May 2, 2000 Page 2 OPTION 3 CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 2 (Limit gaming area to existing building envelope.) YES Gaming area may expand only within the casino's building envelope (as it existed on May 1, 2000). The size of the building envelope of the rebuilt casino cannot exceed the size of the casino it replaced. The gaming area within the rebuilt casino may expand only within the rebuilt building's envelope. Size of the building envelope of the Las Vegas Blvd. Casino building to be established during permit process and can't be increased later. The gaming area may expand only within that fixed building envelope. ., 7N .{ .y , t ✓�r':'v ', � .,, � `2�'! y�q� s � .i��.F .� g 8 . �HI ,., 'T�'a ' 9ya+ 4„:,% go. . � 1•' '° { �'fl� ��Ct..� v :�� ri ' `i1 iY, fc as :;' r� r �.�� ,1 � >.,v, e. s xi'+� a : ;�„����i�+� .�S ���.p r • bps �5�i"Pa'� ', `,,•w 1�.. 'p' t .,.s . specified square footage.) PROS: Size of gaming area can be expanded if state gambling laws allow more tables per casino. CONS: Other amenities, such as restaurant areas may be reduced dramatically to allow maximum area for gaming. Casinos with small building envelopes at a disadvantage. OPTION 3 The maximum square (Limit The gaming area in The gaming area in any foot allotment for gaming gaming area to a YES each casino may not exceed rebuilt casino may not , exceed square areas applies to all 5 casinos identified in the specified square footage.) square feet in size. feet in size. Gambling Ordinance (regardless of whether they are existing, expanded, replaced or proposed). ;''',44M14. i�fiT� .�jq �`' �.��..����$4I�t7��";z"�'� ilri ,. ''Std 1J t: 1 °.�y3i�kLt?�.;,�.:.� i_ p q� y :1< .'�.�?` }— e�+,�f�4' . ' .... .::�rR:.GxwvT:�i4�c�'. � ��� � ,£.c, ,�",:��'�s� r„is` PROS: The same square foot allotment is allowed for all 5 casinos. CONS: The optimal square foot allotment may be difficult to determine. C: \DEB \Casino \CAPMEM7.doc z JU U 0 . cn w w= U) u_ w O._ =d w z �. z O: LLI 'O N` CI I— w W. H U' O z ---- _' O.~ z. Community Affairs & Parks Subcommittee May 2, 2000 Page 3 OPTION 5 (No square footage limit on gaming.) CAN THE SIZE OF AN EXISTING GAMING AREA BE EXPANDED IN A CASINO? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? HOW WILL THE SIZE OF A GAMING AREA BE DETERMINED IF THE CASINO IS REBUILT (AS THE RESULT OF A NATURAL DISASTER OR AT THE OWNER'S DISCRETION)? ADDITIONAL NOTES OPTION 4 (Limit gaming area to 15 tables, revisit if State increases limit.) N/A Existing arrangement of 15 tables approved by State. If State allows an increase in number of tables, the State will have to approve the new table arrangement. The State would have to approve the layout and number of tables in the rebuilt casino. The 5 casinos identified in the Gambling Ordinance (regardless of whether they are existing, expanded, replaced or proposed) are required to have a State - approved table arrangement. , :1 1 , L;i: y io �i' �.� � L�f'J;�.ir. ';1V, 'Z I. b�� - S� ii ♦j }!�' l l l�' ,, ,,, �{}�''.. � J�^ �.',F�S ..- .j'.�or{• �*..;L ;i.i: ��" � i+-�. s :S�y ri5i '� 1 .f �Y Y'a•7b:C''r' : r,: ff��kk � "�.�5`. '�. '��4'7����� t . y ,n (' , b t p �A t �4 �c�� �1�, ±vG ,,YY �����,�c � .. ..'+A"i.��� PROS: The State monitors and reviews. CONS: Table arrangements may vary is size. OPTION 5 (No square footage limit on gaming.) Yes None. At owner's discretion. Number of tables and arrangement only limited by State regulations. ����Y4 �! � ran ��ytud,1_ �iF �trag a rxw4+t�nh.3Rr ir.�� .a lka��d» �a Ante gaga 1 a!?`+�".' . k.' r.� � t. +.� ax. .� »v: � ��, .. ,x;.. - . P�w.....,,4.LeIFtr'M �vj�su6x ax i�,�iY �av+..� q•,r.�+�te�'Fy F s',.u,�« 'r� ..l "!' id1 i�lirg �i PROS: No monitoring required by Tukwila. CONS: Associated impacts, such as traffic, may increase with casino size. Suggested Revisions to Ordinance Language: The following recommendations were made by COW on April 25th: 1. That the words "or other natural disaster" be added after "fire, flood or earthquake" in Section 4.10.030(B)(1) and (2). 2. The term "building footprint" is inadequate because it does not address the number of stories a building may have. Staff recommends the use of the term "building envelope ". Next Step: As you know, the existing moratorium expires on July 14, 2000. Staff is prepared to incorporate your recommendations into ordinance language. Given the impending expiration date of the moratorium, the revised draft ordinance should be presented on May 22nd for consideration by COW, followed by the Council's review on June 5th. C: \DEB \Casino \CAPMEM7.doc PROPOSED GAMBLING ORDINANCE OPTIONS -AT A GLANCE- 04/24/00 H z. 2 00. CO CI :v) w 9 Ili 0. -J LL ‹. a 'Pw. ? 1-. '1-0' ;U w w CAN THE SIZE OF THE GAMING AREA IN A PARTICULAR CASINO BE EXPANDED? WHAT ARE THE LIMITS AFFECTING THE EXPANSION OF AN EXISTING GAMING AREA IN A CASINO? ADDITIONAL NOTES OPTION 1 NO Gaming area can't exceed the square footage of the gaming area that existed in the casino as of May 1, 2000 (as documented by DCD). Size of gaming area in Las Vegas Blvd. Casino to be established during permit process and cannot be increased at a later date. OPTION 2 YES Gaming area may expand within the footprint of the casino building (as the building existed on May 1, 2000). Size of the footprint of the Las Vegas Blvd. Casino building to be established during permit process and cannot be increased at a later date. Gaming area within that building may be expanded within that established footprint. OPTION 3 YES The gaming area in each casino may not exceed square feet in size. The maximum square foot allotment for the gaming area in a casino applies to all five casinos identified in the Gambling Ordinance (regardless of whether the casino is existing, to be expanded, replaced or proposed). 04/24/00 H z. 2 00. CO CI :v) w 9 Ili 0. -J LL ‹. a 'Pw. ? 1-. '1-0' ;U w w To: City Council From: Pam Carter Date: April 23, 2000 Re: Possible revisions to Proposed Gambling Ordinance z 1-w: D J U. 0 CO 0. co w W I J H: U) LL wO. The proposed ordinance states that a casino may intensify its gambling component as 2 long as this is done within the current building. (see 4.10.020) Staff has explained this ga. means that a casino may add construct an addition to house a restaurant, but the gambling D: must stay within the existing building. i w I Z I see a conflict in the ordinance as proposed because it would prohibit a casino from i- O: expanding its gambling component when reconstructing the building after a fire or if w w building an entirely new casino to replace the old one. This seems to put a casino which D o` suffers a fire at a disadvantage from the other casinos. And why would a casino construct ;o cn: a new building if the conditions were more restrictive than simply adding on to the — o i_ . current building' It would seem more equitable to either allow the casino to rebuild at the x v same square footage as the current building. If the casino wished to build a larger LL F- building, the excess square footage could only be used for non - gambling purposes. z ui U co An alternative proposal would be to determine a set square footage as maximum p gambling component for all casinos, both current and proposed. z :. My question to the staff would be: Which of the above alternatives would be easier to administer and police? Alternative #1 4.10.030 Excepted businesses' discontinuation of use B. 3. The reconstructed physical premise of the excepted business may not exceed the total square footage of the physical premise that existed as of May 1, 2000. However, additional square footage may be allowed if it is not constructed to accommodate an expansion of the gambling component of its business operation as it existed as of May 1, 2000. C. 2. The gambling component in the new physical premise of the excepted business may not exceed the total square footage of the physical premise that existed as of May 1, 2000.. However, additional square footage may be allowed if it is not constructed to accommodate an expansion of the gambling component of its business operation as it existed as of May 1, 2000. Alternative #2 4.10.020 A. ...and it may intensify the gambling component of its business operation, so long as the excepted business does not expand its physical premises to accommodate an expansion of the gambling component of its business to greater than a total of 3,000 square feet. If an excepted business under 4.10.010B.1 expands its premises to accommodate an expansion of the gambling component of its business operation to greater than a total of 3,000 square feet,... B. ...so long as the excepted business does not expand its physical premises to accommodate an expansion of the gambling component of its business operation to greater than a total of 3,000 square feet. If an excepted business under TMC 4.10.010.B.s expands its premises to accommodate an expansion of the gambling component of its business operation operation to greater than a total of 3,000 square feet,... 4.10.030 Excepted businesses' discontinuation of use B. 3. The gambling component in the reconstructed physical premise of the excepted business may not exceed 3,000 square feet. C. 2. The gambling component in the new physical premise of the excepted business may not exceed 3,000 square feet. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet Tukwila City Council FROM: Steve Lancaster DATE: April 19, 2000 RE: Baseline Information Proposed Gambling Ordinance On April 3rd, the Council asked that the fire- flood - earthquake provision of the proposed gambling ordinance be further refined and presented to COW on April 24th. In anticipation of COWs review, staff has gathered some baseline information for your consideration. As you know, the proposed ordinance allows for the intensification, but not the expansion of the "gambling component" of the existing mini - casinos. However, it has become clear that it is necessary to document the actual physical space occupied by the gambling component in order to administer this part of the ordinance. To that end, staff made a site visit to each mini - casino on April 18th. In cooperation with the manager of each casino, the square footage of the area occupied by the house - banked card games was measured. At the end of the site visit, square footage calculations were presented and explained to each manager. On April 19th, staff transmitted a follow -up letter to each casino (attached for your reference). The average square footage for the four casinos was 2,000 square feet. The actual size of each gambling component, by casino, is summarized below. Under the current proposal, the size of the gambling component of a reconstructed mini - casino could not exceed the square footage documented below: Pete's Flying Aces Golden Nugget ..Silver Dollar Riverside Inn 2500 square feet 1517 square feet 1700 square feet 2302 square feet With one exception, each casino had the maximum number of tables allowed by law (fifteen). However, in the case of the Golden Nugget, only twelve tables were in active use with an additional two tables being used for occasional tournaments. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 -431 -3665 z • • _'- ew 6 � • JU. 00• CO o �w • 1 p_ • N w0. 2 J LL a' ES a �w z �.. •1--0 z i-- ILI La •no O =w; I—'V' wz N' i`H`. ,z • April 19, 2000 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steven B. Dowen President SBD Inc. c/o Riverside Inn 14060 Interurban Ave South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Ave South Tukwila, WA 98168 -4723 Fax 206 - 244 -4542 Re: Size of Social Card Game Area Riverside Inn Gentlemen: Steve Lancaster, Director Steve Jones, Esq. Foster Pepper Shefelman 1111 Third Avenue #3400 Seattle, WA 98101 -3299 Fax 206 - 749 -1962 The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). Under the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th, I met with Greg Bakamis of your casino to measure the square footage of the area occupied by your social card game tables. The area consisted of a rectangle (measuring 54 feet by 25 feet) and a square (measuring 28 feet by 34 feet) for a total of 2302 square feet. If the Council adopts the proposal, you would be allowed to devote 2302 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, -71„.&L (2,110L Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 April 19, 2000 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Keith Vormsberg 916 East Temperance St Kent, WA 98031 John Gardner Golden Nugget Casino 14025 Interurban Avenue South Tukwila, WA 98188 Fax 206 - 988 -1340 Re: Size of Social Card Game Area Golden Nugget Casino Gentlemen: Steve Lancaster, Director Jerry Hill Michels Development 18000 Pacific Hwy, Suite 900A SeaTac, WA 98188 Fax 206 -433 -3883 The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). Under the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th, I met with John Gardner of your casino to measure the square footage of the area occupied by your social card game tables. Although you are allowed 15 tables under the Gambling Act, only 14 tables occupied this area. Of the 14, I was informed that only 12 were being used on a regular basis. The area measured 41 feet by 37 feet for a total of 1517 square feet. If the Council adopts the proposal, you would be allowed to devote 1517 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665 z rew UO i N O. w I, w 01 Q. • O 0 • .z�;. I— a z t-. DO; ;O .w w'. U z 0 z April 19, 2000 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Fax 425 - 226 -9027 Re: Size of Social Card Game Area Silver Dollar Casino Gentlemen: Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Fax 206 -433 -1118 Steve Lancaster, Director The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). Under the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th (in Mr. Iszley's absence), I met with a staff member of your casino to measure the square footage of the area occupied by your social card game tables. The area consisted of a rectangle (measuring 48 feet by 25 feet) and a square (measuring 25 feet by 20 feet) for a total of 1700 square feet. If the Council adopts the proposal, you would be allowed to devote 1700 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206- 431 -3665 •z J 0 • 00 cn Ill I' LL: ; u-j co. =w F— _. • �0 • z�-. '0 coi LL a O� • z 0 N. • • • .z April 19, 2000 City of Tukwila Steven M Mullet, Mayor Department of Community Development Lily Hsue Pete's Flying Aces 14101 Pacific Highway South Tukwila, WA 98168 -4122 206 - 248 -0117 Re: Size of Social Card Game Area Pete's Flying Aces Dear Ms. Hsue and Mr. Hill: Jerry Hill Michels Development LLC 18000 Pacific Highway, Suite 900A SeaTac, WAS 98188 Fax 206 -433 -3883 Steve Lancaster, Director The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). Under the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th, I met with Brad of your casino to measure the square footage of the area occupied by your social card game tables. The area consisted of a rectangle (measuring 61 feet by 31 feet) and a square (measuring 16 feet by 38 feet) for a total of 2500 square feet. If the Council adopts the proposal, you would be allowed to devote 2500 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665 � >'�• z <z JU 0 0; C cow; • .wr 0' 1L Q, • ± w: • z• z� . 1- O w~ .U0 H w w, U • v_ Z V f —: , • H � 0 z • April 19, 2000 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steven B. Dowen President SBD Inc. c/o Riverside Inn 14060 Interurban Ave South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Ave South Tukwila, WA 98168 -4723 Fax 206 - 244 -4542 Re: Size of Social Card Game Area Riverside Inn Gentlemen: Steve Lancaster, Director Steve Jones, Esq. Foster Pepper Shefelman 1111 Third Avenue #3400 Seattle, WA 98101 -3299 Fax 206 - 749 -1962 The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). Under the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th, I met with Greg Bakamis of your casino to measure the square footage of the area occupied by your social card game tables. The area consisted of a rectangle (measuring 54 feet by 25 feet) and a square (measuring 28 feet by 34 feet) for a total of 2302 square feet. If the Council adopts the proposal, you would be allowed to devote 2302 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, r' Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 City of Tukwila Steven M. Mullet, Mayor Department of Community Development April 19, 2000 Keith Vormsberg 916 East Temperance St Kent, WA 98031 John Gardner Golden Nugget Casino 14025 Interurban Avenue South Tukwila, WA 98188 Fax 206 - 988 -1340 Re: Size of Social Card Game Area Golden Nugget Casino Gentlemen: Steve Lancaster, Director Jerry Hill Michels Development 18000 Pacific Hwy, Suite 900A SeaTac, WA 98188 Fax 206 -433 -3883 The Tukwila City Council is considering a proposal that would ban all new casinos while grandfathering the four existing mini - casinos (Golden Nugget, Silver Dollar, Riverside, Pete's) and a proposed mini - casino (Las Vegas Boulevard). tinder the proposal, if any of these five mini - casinos were destroyed by fire, flood or earthquake they could be rebuilt under certain conditions. In particular, the gambling component of the reconstructed mini - casino could not exceed the total square footage it occupied as of May 1, 2000. On April 18th, I met with John Gardner of your casino to measure the square footage of the area occupied by your social card game tables. Although you are allowed 15 tables under the Gambling Act, only 14 tables occupied this area. Of the 14, I was informed that only 12 were being used on a regular basis. The area measured 41 feet by 37 feet for a total of 1517 square feet. If the Council adopts the proposal, you would be allowed to devote 1517 square feet to the gambling component of your casino. The Council will continue their consideration of the proposal on Monday, April 24, 2000 at 7:00 p.m. in Council Chambers. If you are unable to attend, we encourage you to write the Council before that date to provide them with your comments. Sincerely, Deborah Ritter Assistant Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 z _►� . •J U, • • 'U O 'co D: • • W =; . wo gZi• •= • w • Z DD'. • :D 'w • U OI Z, City of Tukwlla Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet FROM: Steve Lancaster -e' DATE: April 19, 2000 RE: Revisions to Proposed Gambling Ordinance A copy of the revised gambling ordinance is attached, reflecting the changes requested by the Council during their public hearing on April 3, 2000. These changes (located in Section 4.10.030) address two scenarios: 1. The reconstruction of a mini - casino as the result of fire, flood or earthquake. In this case, the business would have sixty days to apply for all required permits and one year to obtain them. The gambling component in the reconstructed building could not exceed the square footage that existed in the destroyed building as of May 1, 2000. 2. The construction of a new, replacement mini - casino to be located on the same property as the "old" mini - casino. In this case, the "old" building would have to be demolished prior to the issuance of a Certificate of Occupancy and prior to the opening for business of the new building. The gambling component in the new building could not exceed the square footage that existed in the "old" building as of May 1, 2000. Next Step: If approved by the Council, these revisions can be incorporated into the draft ordinance. The revised ordinance could then be presented at the Council's May 1st meeting. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 • rsi e ms- IA c." e t� April 19, 2000 VIA HAND DELIVERY The Honorable Steven M. Mullett The Honorable Pam Carter The Honorable Joe Duffle The Honorable David Fenton The Honorable Jim Haggerton The Honorable Joan Hernandez The Honorable Pam Linder The Honorable Richard Simpson Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Comment on Proposed City of Tukwila Ordinance Prohibiting Certain Gambling Activities and Exempting Existing Business Dear Mayor Mullett and Members of the City Council: I have received a copy of the draft ordinance currently under consideration by the City Council prohibiting gambling activity within the City and exempting certain existing businesses and those for which application had been made prior to the moratorium adopted under City Ordinances No. 1867 and 1873. In addition, on April 19, 2000, I received a letter from Deb Ritter inviting comment on the proposed ordinance. This letter constitutes the comments on the ordinance made on behalf of SBD, Inc., dba Riverside Casino. First, let me thank the Council for taking action to remove the moratorium that has been in place for more than a year and for allowing the existing businesses to . continue operation. As I have expressed on a number of occasions, the moratorium has placed SBD, Inc. in a difficult position financially and I appreciate the Council's efforts to remove it. I do have some concerns about the effect of the draft ordinance, particularly the interpretation of the ordinance expressed in Ms. Ritter's letter of April 19, 2000. In that letter, she states that, if the Council adopts the ordinance currently being considered, The Riverside Casino would be restricted to using 2302 square feet of space to gambling within the current structure, and that, in the event of a catastrophic loss of the building, a rebuilt building could have no more than 2302 square feet devoted to gambling. 14060 Interurban Ave. S., Tukwila, WA 98168 Phone: (206) 244 -5400 Fax: (206) 244 -5481 www.theriversidecasino.com z w g. 6 U' UO :U O. w X: J H N LL w o. a; • = a: �w z 1- o: 2 o� o F- w. U', LL 0. —11j4.1): z: U I. 0 F-! • z The Honorable Mayor and Members of the City Council April 19, 2000 Page 2 My first concern with Ms. Ritter's interpretation is that it is at odds with the language of the ordinance itself The first portion of Section 4.10.020 of the ordinance states as follows: An excepted business identified in TMC 4.10.010B.1 can continue to conduct or Operate house - banked social card games as a commercial stimulant within the City, and it may intensify the gambling component of its business operation, so long as the excepted business does not expand its physical premises to accomadate an expansion of the gambling component of its business. This language allows for intensification of use within the physical premises of an existing building and prohibits expansion of the building to allow for expanded gambling. However, it says nothing about restricting the gambling area within an excepted business to the space that it currently occupies as of the date of the ordinance. All that is prohibited is that a business not expand"its building solely to accommodate expansion of gambling. A fair interpretation of this language (and the interpretation that I had of this language prior to reading Ms. Ritter's letter) is that intensification of gambling with an existing business would allow for expansion of the actual floor space devoted to gambling with an existing business, so long as the building itself were not expanded to accommodate that expansion. My second concern is more significant and has to do with a potential conflict between the City and the State Gambling Commission that is set up by Ms. Ritter's interpretation of the ordinance. As you are aware, the Washington State Gambling Commission regulates the operation or gaming operations with The Riverside Casino as well as the configuration of those operations. In the event that The Riverside Casino chose to change that operation, the Gambling Commission would be required to give approval to those changes. This includes the need to obtain Gambling Commission approval for any change in the configuration of those operations. Under Ms. Ritter's interpretation of the proposed ordinance, reconfiguring operations would become subject to City approval if that configuration required any expansion of the space currently devoted to gambling. For example, assuming that The Riverside Casino continued to operate the same 15 tables currently in use, but moved those tables apart from each other a mere 5 feet, then the expansion of floor area would violate the City's proposed ordinance, even if the Gambling Commission approved it. This would amount to the City infringing on the Gambling Commissions authority to . ! . ' The Honorable Mayor and Members of the City Council April 19, 2000 Page 3 regulate gaming operations, something that I have always understood the City was trying to avoid. I would suggest that a better interpretation of the ordinance, and one which would avoid this problem, would be the one suggested above — namely, that an existing casino could intensify the gaming operations .within the existing footprint of its building (defined as of the date of the adoption of the ordinance), and could reconfigure those operations in any fashion, so long as the business did not expand its physical premises to accommodate an expansion of gambling. Reconfiguration of gaming operations would be subject to the regulation of the Gambling Commission, not the City. Under this interpretation, there would be no need to define the current amount of floor space devoted to gaming, though there would be a need to define the square footage of the currently-existing building. I hope that this information is helpful to the Council as it deliberate on the proposed ordinance and once again, thank you for being willing to consider innovative steps to remove the current moratorium. Sincerel v. n . owen President, SBD Inc., dba Riverside Casino Cc: Robert Noe, City Attorney Deb Ritter, Assistant City Planner • • • • • • • • • • • '; • - • City of Tukwila Department of Community Development MEMORANDUM TO: Mayor Mullet FROM: Steve Lancaster DATE: April 19, 2000 RE: Revisions to Proposed Gambling Ordinance Steven M. Mullet, Mayor Steve Lancaster, Director A copy of the revised gambling ordinance is attached, reflecting the changes requested by the Council during their public hearing on April 3, 2000. These changes (located in Section 4.10.030) address two scenarios: 1. The reconstruction of a mini - casino as the result of fire, flood or earthquake. In this case, the business would have sixty days to apply for all required permits and one year to obtain them. The gambling component in the reconstructed building could not exceed the square footage that existed in the destroyed building as of May 1, 2000. 2. The construction of a new, replacement mini- casino to be located on the same property as the "old" mini - casino. In this case, the "old" building would have to be demolished prior to the issuance of a Certificate of Occupancy and prior to the opening for business of the new building. The gambling component in the new building could not exceed the square footage that existed in the "old" building as of May 1, 2000. Next Step: If approved by the Council, these revisions can be incorporated into the draft ordinance. The revised ordinance could then be presented at the Council's May 1st meeting. 7. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 z z • Lu 00 .N p, do w w =. J H LL g J' LL j I-w z= 6 z w w` :Do :0 N, 0 -- uj o z U N; O~ z City of Tukwila Department of Community Development TO: Mayor Mullet FROM: Steve Lancaster DATE: March 29, 2000 RE: Gambling Ordinance MEMORANDUM Steven M. Mullet, Mayor Steve Lancaster, Director A copy of the revised gambling ordinance is attached, reflecting the changes requested by the Committee of the Whole at their March 13, 2000 meeting. A public hearing before the City Council will be held on April 3, 2000. In addition to normal notice procedures, notice has been ' mailed to the five affected mini - casinos. COW also asked staff to provide options addressing the destruction of the existing mini - casinos by fire, earthquake or flood. In discussing this issue, it will be important to consider the amount of time needed to apply for, and to obtain, the permits necessary for reconstruction. It is also important to remember that the mini - casinos affected by the proposed ordinance have no altemative locations within the City of Tukwila. Under the current proposal (attached), a mini - casino may not re -open if its ceases operations, for any reason, for a period of more than four months (see proposed Section 4.10.030). However, in general, it would not be possible for any mini- casino to obtain building permits within that time period. If the Council wishes the five mini - casinos to continue their operations in the event of fire, earthquake or flood, a longer period must be allowed. Staff recommends that the mini - casinos affected by the ordinance be provided the following time periods: 1. Sixty days from the date of fire, earthquake or flood to apply for all applicable permits. 2. One year from the date of fire, earthquake or flood to obtain all necessary permits. Next Stea: If approved by the City Council, revisions can be made to the draft ordinance. Depending upon the outcome of the public hearing, Council may also consider the ordinance in its final format.(attached) . 6300-Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 z W. W = oo coo, wi _i F- M w: wo u. = o. I-w z� i=o z w; Do o Iu X 0: Z;. U- z Dept. Of Community Development . City of Tukwila AFFIDAVIT OF DISTRIBUTION r,:200J6tx ronu t f( e. HEREBY DECLARE THAT: .x. Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Project Name Q(Clv ICUkC Mitigated Determination of Non - Significance Project Number: Board of Adjustment Agenda Pkt Mailer's Signature: Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit .— __ FAX To Seattle Times Classifieds Maii: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other . Was mailed to each of the addresses listed on this,.3(d day of H(LtClin the .year 2000 P:GINAWYNETTA/FORMS /AFFIDAVIT- 011:44 AM Project Name Q(Clv ICUkC D ) Lb tifiVirj CF "ICt A, `901U-b(L n Project Number: Mailer's Signature: [ OH' P:GINAWYNETTA/FORMS /AFFIDAVIT- 011:44 AM City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, APRIL 3, 2000, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE PROHIBITING CERTAIN GAMBLING ACTIVITIES IN THE CITY OF TUKWILA. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON MONDAY, APRIL 3, 2000. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). DATED THIS „2 DAY OF /l7C/ft,e4i , 2000. CITY OF TUKWILA E. CANTU, CMC C ' Y CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, MARCH 24, 2000 TRANSMITTED VIA E -MAIL: THURSDAY, MARCH 23, 2000 z • =z. ce J U: U0 co 0. cn w I J �. • u' w0 w ¢ O d = W. z� HO Z Lu n0 0- O H. ww • U' w z` - f- 0 z Smooth feed Sheets # Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Steven B. Dowen President, SBD Inc. C/o Riverside Inn 14060 Interurban Avenue South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Avenue south Tukwila, WA 98168 -4723 Lily Hsue Pete's Flying Aces 14101 Pacific Highway South Tukwila, WA 98168 -4122 Steve Jones, 'Esq. Foster Pepper Shefelman 1111 Third Avenue, Suite 3400 Seattle, WA 98101 -3299 Ben Woyvodich 14005 29th Avenue South Tukwila, WA 98188 Don Smith 5700 South 129th Tutkwila, WA 98188 Keith Vormsberg President Golden Nugget 14025 Interurban Avenue South Tukwila, WA 98168 -4722 AVERY® Address Labels ■.`■ Use template tor 5160"' Laser 5160® z _1-! : z w, u6� JU: co 0, 'co w! w =, 1-! � w .'w w ul z 1—, to 0 I-1 ww H 0 U N. O ::z: City of Tukwila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director 1,. TO: Mayor Mullet FROM: Steve Lancaster DATE: March 8, 2000 RE: Gambling Ordinance MEMORANDUM The Council's stated intention has been to have an appropriate ordinance available for adoption prior to the expiration of the current moratorium (July 14, 2000). In the absence of definitive state guidelines or legislative action, CAP is recommending approval of the attached draft ordinance. If approved, the ordinance would ban the development or construction of any new mini - casinos. However, the four existing mini - casinos (Silver Dollar, Golden Nugget, Pete's Flying Aces and Riverside) would be grandfathered, and as such, would be allowed to operate at their current locations. Although these mini - casinos could increase their intensity of use they could not expand their physical premises to accommodate an increase in the size of the gambling component of their business. The proposed Las Vegas Boulevard casino would also be grandfathered, allowing it to submit applications for SEPA, Shoreline, Design Review and development permits. If these permits are approved and the State Gambling Commission issues a gambling license, this mini - casino would be allowed to open at the proposed location. Next Step: Depending upon the outcome of the March 13, 2000 COW meeting, Staff can schedule a public hearing before the Council on either April 3rd or April 17th. In addition to the normal notification procedures, public notice would be provided to the five affected businesses mentioned above. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 ,? W. re 6 0 0; J X Ww w 0 g a • d. �w Z �. O. Z• ~ 2 o- =U - o; _z U N, Z. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Community Affairs & Parks Subcommittee FROM: Steve Lancaster DATE: February 9, 2000 RE: Mini - Casino Issues On December 6th, the Council extended the expiration date of Tukwila's gambling moratorium to July 14, 2000 (under Ordinance 1893). In conjunction with that extension, the Council asked staff to prepare land use regulations pertaining to mini casinos. This memo summarizes pertinent background information on mini - casinos and presents a variety of policy options for the Committee's consideration. In response to any policy directions set by CAP, staff is prepared to draft an ordinance for COW's subsequent review. Background: In 1999, a number of cities evaluated the impacts created by the proliferation of mini - casinos in their jurisdictions. This has been necessitated by a lack of clarity in the state gambling statute. Further complicating the problem is the legal position taken by the Gambling Commission. The Commission maintains that cities do not have the ability to regulate gambling activities via zoning and expects that the matter "will likely be litigated by licensees and local jurisdictions in the coming months. " In the absence of definitive guidelines or legislative action, 17 cities in Puget Sound have decided to ban mini - casinos. Of these, three cities grandfathered existing mini - casinos and one city established an amortization period. Renton (the only city to adopt zoning regulations for mini - casinos) is anticipating litigation regarding its authority to do so. 'Letter dated February 9, 1999 from Ed Fleisher of the State Gambling Commission to Michael Katterman, City of Renton. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 \, z _�, w re 2 6 -J C.) 00' w= J H, LL. w0 gam LL w: z� Z o. w 0 CO wII • z; P" z Community Affairs & Parks Subcommittee February 9, 2000 Page 2 The following chart illustrates the type of restrictions placed on mini - casinos by major cities in Washington State. STATUS OF MINI - CASINOS (as of December, 1999) CITY TYPE OF RESTRICTION(S) NUMBER OF CASINOS (existing or pending) COMMENTS Auburn Ban 1 (grandfathered) "Grandfathering" is not recognized as a ban by the State Gambling Commission Bellevue Ban None Bothell Ban None Burien Ban 2 (grandfathered) (see Auburn comments) Covington Ban None Enumclaw Ban None Federal Way None 3 Issaquah Ban None Kent Ban 1 (casino has three year amortization period) "Amortization" approach is acceptable to State Gambling Commission in conjunction with a ban Kirkland Ban None _ La Center Zoning & development standards since 1985 (Comm'I Card Room District Overlay) 4 (1 pending) Only 1500 population but has the highest gambling tax revenues in State (15% tax rate). Lynnwood Ban None Maple Valley Ban None Mercer Island Ban None Mill Creek Ban None Redmond Ban None Renton Zoning currently in place (performance standards under development) 3 (2 open, 1 pending) Renton is anticipating litigation by a developer regarding its ability to regulate via zoning. SeaTac None 1 Seattle Ban None Shoreline Moratorium 3 (2 open, 1 pending) Spokane None 6 20% tax rate Tacoma Ban 4 grandfathered (3 open, 1 pending) Council to review its position Spring of 2000, depending upon actions of State Legislature. Tukwila Moratorium 4 Expires 7/14/2000 Vancouver Ban None Woodinville Ban None C: \DEB \Casino \CAPMEM5.doc Community Affairs & Parks Subcommittee February 9, 2000 Page 3 Tukwila's original ordinance for a six -month gambling moratorium (under Ordinance 1867) was passed by the Council and became effective on February 1, 1999. The first six -month extension of that ordinance (Ordinance 1873) was passed by the Council on July 6, 1999 and became effective on July 14, 1999. The Council passed a second extension on December 6, 1999 (Ordinance 1893) which will expire on July 14, 2000. The City's April 21, 1999 Interdepartmental Report raised a number of issues regarding the City's existing zoning regulations, whether or not gambling should continue and where gambling venues are (or should) be located. The report also outlined some of the policy options available to the City Council in regard to mini - casinos. Tukwila has allowed some gambling activities in the past (such as charity bingo, player - funded card games, punchboards and pull- tabs). However, neither these activities nor mini - casinos are referenced in the list of permitted used under the City's Zoning Code. Although player- funded card games, punch boards and pull tabs have been considered to be "customarily appurtenant" to taverns and poolrooms, house - banked card games appear to be the principal use at the gambling venues known as "mini- casinos ". Policy Options: The following questions reflect Tukwila's major zoning issues as they pertain to mini - casinos. A variety of policy options are provided with each question as well as staffs recommendation. 1. Where should mini - casinos be located in the City of Tukwila? Option A In all areas where restaurants and taverns are permitted. The Gambling Commission has taken the position that a mini- casino may be located in any zone where restaurants and taverns are permitted. This is the primary zoning guideline for mini- casinos in the cities of SeaTac, Federal Way and Spokane. Option B Do not allow mini - casinos in Tukwila (impose a city -wide ban). The Gambling Commission has stated that this option is available to any jurisdiction so long as all existing and proposed mini - casinos in that jurisdiction are banned. Grandfathering of existing mini - casinos (in conjunction with a ban) is not recognized by the Gambling Commission. At least 18 cities in Washington have already banned mini- casinos. Of C: \DEB \Casino \CAPMEM5.doc Community Affairs & Parks Subcommittee February 9, 2000 Page 4 these, Auburn, Burien and Tacoma have chosen to grandfather existing mini - casinos in conjunction with a ban. Option C Allow mini - casinos only in specified areas of the City through zoning. Many city attomeys believe that jurisdictions in Washington State have the right to regulate mini - casinos via zoning. An Assistant Attorney General has taken the position that state law reserving the licensing and regulation of gambling to the state preempts local planning and zoning powers. The Gambling Commission has indicated that a local jurisdiction's ability to zone a particular type of gambling business out of some areas, but not all areas, is unclear. According to recent statements by State Senator Prentice (see attached article dated January 26, 2000), passage of a bill giving local governments explicit powers to restrict mini- casinos to certain areas is "really questionable" this Legislative session. It is widely believed that, in the absence of legislative action, litigation will be necessary to clearly resolve the question of zoning authority. Recommendation: As stated above, the legal questions regarding a jurisdiction's ability to zone remain unanswered. However, Staff acknowledges that the City Council may not wish to extend the existing moratorium beyond the July 14, 2000 expiration date. In that event, Staff recommends Option "C ". The two areas staff believes should be considered for mini - casino zoning are: Tukwila Urban Center ( "TUC "); and /or Portions of Interurban Avenue that are zoned either Regional Commercial Mixed Use ( "RCM ") or Commercial /Light Industrial ( "C /LI "). The attached map shows the location and zoning of the City's four existing mini - casinos. In making a recommendation, staff considered the following points: • Placement of new mini - casinos in the geographic areas referenced above would be complementary to existing land uses. • By allowing new mini - casinos in or near those zones already occupied by existing mini - casinos, associated impacts will be limited or reduced. C: \DEB \Casino \CAPMEM5.doc Community Affairs & Parks Subcommittee February 9, 2000 Page 5 • The relationship of this area to the larger city is such (in terms of location and topography) that impacts to residential areas are reduced. • The placement of additional mini - casinos is not expected to cause service level changes, as adequate infrastructure is already in place. • Mini - casinos, by their nature, are regional uses and should be located in those zones that can best accommodate them (i.e., the "TUC ", "RCM" and "C /LI" Zones). 2. What would the status of a mini - casino be if it were located outside permitted areas of the City? Option A It would be considered to be a legally non - conforming use and would be grandfathered. In this scenario, no physical expansion of the mini - casino would be allowed. However, the use at the grandfathered location would be allowed to intensify (i.e :, the number of tables or machines could be increased or new forms of gambling could be introduced). Option B It would be considered to be a legally non - conforming use and would be subject to an amortization period of a specified length. This strategy allows the character of a neighborhood to be steadily redeveloped and enhanced over time. If an existing use, such as a mini - casino, were no longer permitted in an area, it would not be allowed to continue indefinitely or intensify (beyond the expiration of the amortization period). Recommendation: Staff recommends Option "B" for the reasons stated above. Amortization is a legally appropriate way to eliminate a non - conforming use by providing the business owner with a reasonable opportunity to relocate or change the use in question. The City Attorney recommends an amortization period of at least one year in duration. C: \DEB \Casino \CAPMEM5.doc Community Affairs & Parks Subcommittee February 9, 2000 Page 6 3. What development standards should be applied to a new mini - casino? Option A Create new performance standards that apply specifically to mini - casinos, regardless of their location in Tukwila. Option B New performance standards for new mini - casinos would address the areas of landscaping, parking and design review. Mini - casinos are currently regulated by the Gambling Commission under the Enhanced Card Room Pilot Program. However, that Pilot Program is still under review and associated program regulations have not been formally incorporated into the Washington Administrative Code. Until such time as the Gambling Commission formalizes the program, these regulations are subject to change. As a result, any new performance standards based upon the pilot program could quickly become outdated. Given Tukwila's existing moratorium, unanswered legal questions and changing market forces, it is unclear how many new mini- casinos will eventually be developed in Tukwila. Use the existing performance standards for that zone in which a particular mini - casino is located. These performance standards would be amended to include mini - casinos, as applicable. By amending code language, existing performance standards can be applied to new mini- casinos. If State Pilot Program regulations for mini - casinos should undergo significant changes or be formally adopted, Tukwila's performance standards can be reviewed or modified to accommodate those changes. Recommendation: Staff recommends Option "B ". We believe that existing performance standards in the code are sufficient to respond to the development of any new mini - casinos for the following reasons: • Design review is already required for all new commercial development in the three recommended zones ( "TUC ", "RCM" and "C /LI ") under the following criteria: TUC new developments over 2,500 s.f. RCM new developments over 5,000 s.f. C /LI new developments over 10,000 s.f. C: \DEB \Casino \CAPMEM5.doc z z. re 2 ' ~w. o O' co o; w is J � w 0' g1 52 a w <; =w Z �. Z I- LL! uj • o ow 0 I- w w. H U; ~. 0 Z LLi . O ~" Community Affairs & Parks Subcommittee February 9, 2000 Page 7 Based on staffs conversations with some casino owners, new mini - casinos should be at least 16,000 square feet in size in order to "pencil out ". • Any commercial developments within 300 feet of the shoreline and /or any residential zone are also subject to design review. • In addition to design review criteria, current standards for parking, lighting, signage and SEPA review would be triggered by the building of a new mini - casino. However, if the format of mini - casinos should change in the future (such as the inclusion of slot machines) staff recommends that these standards be reviewed for adequacy. Next Step: As has been stated previously, recent changes in the Gambling Act of 1973 created a number of legal questions that remain unresolved. This includes a jurisdiction's ability to regulate via zoning. Absent any legal clarification from the State Legislature this session, the issue of zoning authority will likely be decided in the courts. The Council's stated intention is to have an appropriate ordinance available for adoption prior to the expiration of the current moratorium (July 14, 2000). Toward that end, staff is prepared to draft an ordinance which responds to CAP's policy direction. C: \DEB \Casino \CAPMEM5.doc Z ~ W wQQ JU 00 J= H N LL W0 L Q I" a �.. W Z I- 0 Z w gy=p O N. 0 I- W W o .. Z W • = O~ Z 8911 Ramada, 01:00 PM /23/99, Pawn Shops From: "8911 Ramada" <8911 @hotel.cendant.com> To: <slancaster @ci.tukwila.wa.us> Subject: Pawn Shops Date: Thu, 23 Dec 1999 13:00:32 -0800 X- MSMail- Priority: Normal X- MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3 Dear Steve: I am unable to make the public hearing for the purposed pawn shop. Below is my feelings on the mapper. Please include my comments on public record in my absence. Have a merry Christmas, and a big thanks for all your efforts! Sincerely, Dwight L McLean Community Development & Planning Tukwila„ WA 98168 Dec 23, 1999 RE: Pawn shop on Tukwila International Blvd Dear Sir: As a community member and activist for (re)development on Tukwila International Blvd. I have a few personal comments about the establishment of a pawn shop on our highway. I would like to consider first what we have already. Flying Aces cassino is a recent take over from the 21 club. The old 21 club was a problem to the city as they had excessive calls for service. The business there was able to allowed gambling because they were a card room before. We have a community that has below the average income in King County. Unfortunately some of these.people turn towards cassinos not for entertainment (as cassinos would have us believe they are for entertainment), but as a way to chance their way to a better life. Unfortunately cassinos are takers from the people they serve (how else will they make the kind of profits they get). Cassinos are heavily taxed making them a very lucrative source of income to any municipality in which they are located.. Unfortunately even members of our own city council will privately admit that cassinos are a demise to our city, but they are unable to do anything about it. Commerce is commerce and even though cassinos drain the pocket books of the families in Tukwila, government is so focused on the dollar that it collects, that they are unable to see the tens of dollars in social costs that are lost for each dollar collected! It's a sad commentary! Printed for Tukwila Department of Community Development <tuk... 1 z z re QQ 1 I.) O rn w: CO w =. J H w o w <. `o I--w. :z 1H o. z I- U�. O ww H U. w H' O • • .z. O. • •z 8911 Ramada, 01:00 PMT ./23/99, Pawn Shops What does this have to do with the pawn shop. The purposed pawn shop will be located in the parking lot of the cassino and is a supporting industry. Why if our residences run out of hard cash, all they have to do is walk out the door and hawk whatever family treasures the individual has on his hands and then continue their activities in the cassino. Walk in a pawn shop in a Nevada cassino town, and they tell a sad story. The counters are full of gold, diamond wedding rings and other personal effects, all representing families that have been trashed for the sake of "entertainment ". Is this the kind of industry that our government wants to support in our community? Go to a pawn show downtown, and it becomes very evident that the feeling there is not the same as when you go into True Value. Unfortunately pawn shops (aware or unaware) become fencing operations for merchandise that is used to support the drug and prostitution trade. What other supports do we have. Well just across the street, there is a gun shop. I guess if things don't go right, the individual can get a gun and do whatever. What other kinds of support should we have for our cassinos? Admittedly, the odds will favor the few, making cassinos attractive to the masses. For the few, the excitement of the wins, well, call girls would be in order. They can go down the street to Deja Vu, get some more entertainment, and perhaps, somebody would even be for hire. Nevada correctly recognized prostitution as a supporting industry and legalized it. Of course government closely regulates and controls the prostitution. The question is Cassinos? Gun shops? Pawn Shops? Strip Clubs? Does anyone dare draw a line when the dollar is speaking so loudly? Which direction are we going. If we are cleaning up the highway of sleeze, do we legalize the sleeze so we can call it something else and embrace it? . Does the need for city revenue have to interfere with the basic moral principles and judgements of our public servants? Please, lets adopt industry on the highway that will foster and parallel basic family values, and not cannibalize the family unit. No pawn shop on Tukwila International Blvd....Please Sincerely Dwight L McLean 13015 38th Ave S Tukwila, WA 98168 (206) 244 -7528 Printed for Tukwila Department of Community Development <tuk... 2 .. .�.,..�,...„ z z. cc w2 00 0 w= J w • 0. w Q co =a w z,_ z o;, uj ww O. • • Z' F= O H; z FOSTER PEPPER & SHEFELMA).v PLLC A T T O R N E Y S A T LAW December 8, 1999 The Honorable Wally Rants The Honorable Pam Carter The Honorable Joe Duffle The Honorable David Fenton The Honorable Jim Haggerton The Honorable Joan Hernandez The Honorable Pam Linder The Honorable Steve Mullet Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Extension of moratorium on acceptance or processing of applications for development permits for gaming establishments Dear Mayor Rants and Members of the City Council: Thank you for the opportunity to present the views of SBD, Inc. with respect to the City's extension of the moratorium on the filing of applications for business licenses and development permits for establishments conducting gaming activities. While Steve Dowen and his partners in the Riverside Casino were understandably disappointed that the moratorium was extended, they were heartened by the comments of the Mayor and so many members of the Council during, the hearing. We were happy to hear that the City intends to move quickly to adopt development regulations and to lift the moratorium as soon as the Legislature clarifies the City's ability to exercise its zoning authority with respect to such establishments. We were particularly pleased with the Mayor's direction to Steve Lancaster and the Department of Community Development to move expeditiously to prepare development regulations so that they can be adopted and implemented quickly upon the Legislature's taking some action. On behalf of the Riverside Casino and Mr. Dowen, I want to reiterate the long - standing offer to work cooperatively with the City in the drafting of those development regulations. As I mentioned last night, we have been in contact with members of Mr. Lancaster's staff and have supplied them with parking information that the Riverside has been collecting. Mr. Dowen and his employees would be happy to assist the City with any information necessary to assist in the preparation of those development regulations. 50143210.01 Direct Phone (206) 44743902 Direct Facsimile (206) 749-1962 E -Mail JoneS(a foster.com 1 1 1 1 THIRD AVENUE Suite 3400 SEATTLE Washington 981o1 -3299 Telephone (206)447-4400 Facsimile (206)447 -970o Website WWW. FOSTER.COM ANCHORAGE Alaska BELLEVUE Washington PORTLAND Oregon SEATTLE Washington • SPOKANE Washington The Honorable Mayor and Members of the City Council December 8, 1999 Page 2 Based on the comments at last night's meeting, I know the City is hopeful that the Legislature will act quickly so that this issue can be resolved. During the interim, if I or anyone at the Riverside can provide assistance to the City, please let us know. Sincerely, FOS ER P PER & SHEFELMAN PLLC i Leven G. Jones Attorney for SBD, Inc., dba Riverside Casino Steven B. Dowen, President, SBD, Inc. Blake Dowen, Manager, Riverside Casino Mike Kenyon and Bob Noe, Tukwila City Attorney Jack Pace, City of Tukwila Senior Planner Deb Ritter, City of Tukwila Senior Planner . 50143210.01 RECEIVED DEC 0 9 1999 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Rants FROM: Steve Lancaster DATE: December 1, 1999 RE: Extension of Gambling Moratorium Ordinance The original ordinance for a six -month gambling moratorium (Ordinance No. 1867) was passed by the Council and became effective on February 1, 1999. The first six -month extension of that ordinance (Ordinance No. 1873) was passed by the Council on July 6, 1999 and became effective on July 14, 1999. Staff is recommending passage of a second, six -month extension of the moratorium ordinance. If approved, the extension would "dovetail" with the expiration of the first extension and expire on July 14, 2000. Background: To date, the State Legislature has yet to provide guidelines or legislative action on this issue. The Gambling Commission has taken a controversial legal position regarding the rights of cities to regulate gambling activities via zoning. Other jurisdictions that have taken specific actions to address gambling issues have been subjected to threatened and real legal challenges. Although Tukwila has been pursuing the development of a work plan addressing the issues surrounding gambling activities, the City has been hindered in its efforts due to these factors. At Governor Locke's request, his Executive Policy Advisor, Katie Hong, met with staff on August 24th to discuss the impacts of mini - casinos. On September 22nd, a State Legislative roundtable regarding mini - casinos was held in Renton. This meeting was attended by local and state politicians,., representatives of the gaming industry, the Gambling Commission and the Association of Washington Cities. Since this summer, the gaming industry has been working with the Association of Washington Cities (and Counties) to develop legislation that would clarify the ability of jurisdictions to regulate mini - casinos via zoning. A draft of the proposed legislation is expected to be presented to the State Legislature sometime in January, 2000. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • .,. «.:.. . A F F I D A V I T I, d.1 044 ai.ce of Public Nearing O Nati ce. of Public Meeting QBoard of Packet 013aard. of Packet Planning Packet Adj us utcent. Agenda Appeals Agenda Commission Agenda O F D I S T R I B U T I O N hereby declare that: 0 Short Subdivision Agenda . Packet 0 Notice of Application far Shoreline Management Permit 0 Shoreline Management Permit 0 Determ.i nation of Non- -. significance 0Mitigated Deterniratian of Nans i gni fica ce JDete mi.natian of Significance and Scoping.Notice . 0 Natice at Action Official Notice O Other • /L Y?/9 O Other was mailed to each of the fallowing addresses an • Name of Prajectfe -.5 -fnlit /717 File Number Signature /I /a3 /99 • • z <Z. 6 0 0, co w w =: J t-: w 0` ¢: -d ��-w z 1- O: z!—: w w 0�,: iO ==; o I- WT. u-O: _Z 0c!) z (. . _ City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, DECEMBER 6, 1999, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE RENEWING A SIX -MONTH MORATORIUM ON THE FILING OF APPLICATIONS FOR BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING GAMBLING ACTIV- ITIES, INCLUDING SOCIAL CARD GAMES, PUNCH BOARDS, OR PULL TABS. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5 PM ON MONDAY, DECEMBER 6,1999. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206-433-1800 OR TDD 1- 800 - 833 - 6388). 1p7 1 DATED THIS /D DAY OF ,1999. CITY OF TUKWILA e. F E E. CANTU, CMC CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, NOVEMBER 26, 1999 TRANSMITTED VIA E -MAIL: TUESDAY, NOVEMBER 16, 1999 .....'.: z _1: • , -z. ce W� J U • 00. CO W; W J F. • U LL:. w a u.¢ • d: =W f-: 0. z� D o. 0 a1-.. wW Oi Z ui =: z Please prepare mailing labels for the following addresses to be sent 11123199 with a copy of attached notice. I will also need an affidavit of mailing. PLEASE DON'T ACTUALLY MAIL THESE UNTIL 1 GIVE THE O.K. (FIRST THING ON 11/23) Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue South Tukwila, WA 98168 Keith Vormsberg President Golden Nugget 14025 Interurban Avenue South Tukwila, WA 98168 -4722 Steven B. Down President Riverside Inn 14060 Interurban Avenue South Tukwila, WA 98168 -4723 Greg Bakamis Manager Riverside Inn 14060 Interurban Avenue South Tukwila, WA 98168 -4723 Lily Hsue Pete's Flying Aces 14101 Pacific Highway South Tukwila, WA 98168 -4122 Steve Jones, Esq. Foster Pepper Shefelman 1111 Third Avenue, Suite 3400 Seattle, WA .98101 -3299 Ben Woyvodich 14005 29th Avenue South Tukwila, WA 98188 Don Smith 5700 South 129th Tukwila, WA 98188 re w uL U4 U O, CO 0; CO uJ W = U.." . g-_ LL Q: H- W: _.. z,_: F- of 'W W v i0 ;0 H ul co; W W Z. . =om }. 0 Z Steve Schneider Corporate Operations Silver Dollar Casino 14027 Interurban Avenue S Tukwila, WA 98168 Steven B. Down President Riverside Inn 14060 Interurban Avenue S Tukwila, WA 98168 -4723 Steve Jones, Esq. Foster Pepper Shefelman 1111 Third Avenue, Suite 3400 Seattle, WA 98101 -3299 Timothy Iszley Silver Dollar Casino 14027 Interurban Avenue S Tukwila, WA 98168 Greg Bakamis Manager Riverside Inn 14060 Interurban Avenue S Tukwila, WA 98168 -4723 Ben Woyvodich 14005 29th Avenue S Tukwila, WA 98188 Keith Vormsberg President Golden Nugget 14025 Interurban Avenue S Tukwila, WA 98168 -4722 Lily Hsue Pete's Flying Aces 14101 Pacific Highway S Tukwila, WA 98168 -4122 Don Smith 5700 South 129th Tukwila, WA 98188 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Rants FROM: Steve Lancaster ,...46--,*°r DATE: November 17, 1999 RE: Extension of Gambling Moratorium Ordinance The original ordinance for a six -month gambling moratorium (Ordinance No. 1867) was passed by the Council and became effective on February 1, 1999. The first six -month extension of that ordinance (Ordinance No. 1873) was passed by the Council on July 6, 1999 and became effective on July 14, 1999. Staff is recommending passage of a second, six -month extension of the moratorium ordinance. If approved, the extension would "dovetail" with the expiration of the first extension and expire on July 14, 2000. Background: To date, the State Legislature has yet to provide guidelines or legislative action on this issue. The Gambling Commission has taken a controversial legal position regarding the rights of cities to regulate gambling 'activities via zoning. Other jurisdictions that have taken specific actions to address gambling issues have been subjected to threatened and real legal challenges. Although Tukwila has been pursuing the development of a work plan addressing the issues surrounding gambling activities, the City has been hindered in its efforts due to these factors. At Governor Locke's request, his Executive Policy Advisor, Katie Hong, met with staff on August 24th to discuss the impacts of mini - casinos. On September 22nd, a State Legislative roundtable regarding mini - casinos was held in Renton. This meeting was attended by local and state politicians, representatives of the gaming industry, the Gambling Commission and the Association of Washington Cities. Since this summer, the gaming industry has been working with the Association of Washington Cities (and Counties) to develop legislation that would clarify the ability of jurisdictions to regulate mini - casinos via zoning. A draft of the proposed legislation is expected to be presented to the State Legislature sometime in January, 2000. a3 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 08188 • /2061431 -3670 • Fa.z 1206) 431•.3MhS z z W -I U 00: W i.. —4-- -i . CO Z� F— O Z 0 co Ill w: 1— -. LL-O: w z. co U— H 0 Nov -16 -99 01:1OP MICHAEL R. KENYON MARGITA A. DORNAY LISA M. MARSHAL. ROBERT F. NOE BRUCE L. DiSEND CAROL A. Molt RES OF COUNSEL KenycLaw #F i rm KENYON LAW FIRM A PACII SSIONAL SRA t747,5' CoRimi 12cx 11 FRONT STREET SOUTH TSSAQUAH, WASHINGTON 98027 (425) 392 -7090 (206) 628-90S9 FAX (425) 392.7071 November 12, 1999 Steve Jones, Esq. Foster Pepper & Shefelman, PLI.0 1111 Third Avenue, Suite 3400 Seattle, WA 98101 -3299 Re: Gambling Moratorium Dcar Steve: • P.07 DANA D. KAMI GRAHAM 1'. BLACK KIMBERLY A. WAI,DEN ANNE C. JACKSON LISA R. PoDELI, SANDRA S. MEADOWCROI• Thank you For your letter dated November 11, 1999. It is true that 1 have taken the "minority" position that cities are free to impose zoning regulations on gambling uses within their jurisdictions. As 1 am sure you are aware, however, legal counsel for the Gambling Commission has taken a position in direct opposition. 1 have advised Tukwila's City Council on all aspects of the legal issues involved. The conclusion to he drawn from the split of legal opinions is that uncertainty exists. As you know, 1 am merely the City's attorney and 1 am not a policy maker. • City Council, faced with these uncertainties, will make a policy decision on whether the City should or should not continue the current moratorium. 1 take exception to your characterization of the moratorium as "continued inaction on this issue ". The City has been scrupulously careful to ensure that it comply with applicable laws, which are, as indicated above unclear. The City has been working hard to bring clarity to the laws through the suite legislature. The only things that seem clear under the current law is that the city can allow gambling .uses anywhere a restaurant may locate or the City can ban all gambling uses. 1t seems to me that your client's efforts are misdirected at "threatening" litigation against. the City. Perhaps your client can persuade the Gambling Commission to render a different interpretation of the law, or perhaps your client can influence the state legislature to change the law to clearly provide the cities with zoning authority. Very truly yours, KENYON LAW FIRM, P.S. i'.. /'��x. Robert F. Noe,-" FA APPS\ MUNI \RIN \LTWOti7.ttA /rttl /111299//dt SERVING WASIiir I'ON CITIES 1r z W. ce 6 JU oo N • w. w= w O; g J. u. ¢ �w z� �o w ~' U • � o o f w` rz O ti l z F! O z FOSTEA PEPPER & SHEFELMA• PLLC A T T O R N E Y S A T L A W November 11, 1999 ect Phone 6) 447 -8902 Direct Fucsinti(c (206) 749 -1962 E- ,Stull 40 neS n, foster.com 0 0 Ill W I J I- Mr. Robert Noe w CO IL, o,. Kenyon Law Firm 2 11 Front St., South Q Issaquah, WA 98027 I- w; 2 Z �. Z o0. Re: City of Tukwila's Moratorium on development of mini - casinos Dear Bob: This letter follows up on my letter to Jack Pace transmitting parking numbers for the Riverside Casino. I hope that some actual information regarding parking requirements will be beneficial to the City as it completes its work on development regulations for mini - casinos. I was troubled by Mr. Pace's comments during the last exchange of telephone calls that I had with him in which he expressed the view that the City was moving slowly on the drafting of development regulations because it was unsure whether it possessed authority to zone or impose development regulations with respect to such uses. This view is entirely at odds with the position that you have taken with the City Council and which you have shared with me. As we have discussed on a number of occasions, the City's ongoing moratorium severely impacts the Riverside Casino's ability to expand its operations and has placed SBD Inc.'s investment of hundreds of thousands of dollars at risk. The size of that investment has recently increased with the sale of one -half of the business to outside investors and the purchase of the adjacent ATACS property for expansion of the Riverside Casino. With the investment of this additional capital, it has become increasingly important that the City fulfil its commitment to put development regulations in place so that the moratoria can be lifted and review of the Riverside's development plans proceed. The failure to lift a one -year -old moratorium could only be viewed by SBD, Inc. as a completely unreasonable restriction on its property rights. It is not my purpose in writing this letter to threaten litigation. That said, it is important that the City Council understand that continued inaction on this issue will 50138085.01 TELL THIRD AVENUE Suite 3400 SEATTLE Washington 98toI -32.99 Telephone (ao6)447-4400 Facsimile (ao6)447-97oo We1,site 1V W W. F 05 T E R. C OM ANCHORAGE Alaska BELLEVUE Washington PORTLAND Oregon SEATTLE Washington SPOKANE Washington Mr. Robert Noe November 11, 1999 Page 2 leave many property owners, SBD, Inc. among them, with little choice but to go to court to obtain relief. I hope that the City will move expeditiously to have development regulations in place so that the current moratorium will be allowed to expire and this will not be necessary. Very truly yours, FOSTER PE *IV PER & SHEFELMAN PLLC St- en G. Jones cc: Steven B. Dowen, President, SBD, Inc. 50138085.01 FOSTE_k PEPPER & SHEFELMAN PLLC ATTOR N EYS AT LAW November 11, 1999 Jack Pace Planning Manager 6300 Southcenter Blvd Tukwila, WA 98188 t' t.., 1 2 1999 r=ip OPto iq r Re: City of Tukwila's development regulations on mini - casinos; parking data from the Riverside Casino Dear Mr. Pace: Consistent with our telephone conversations, I am forwarding to you summaries of car counts at the Riverside Casino for the weeks from August 22 — 29 to October 17 — 24, 1999. Based on the experience at the Riverside Casino, both with and without gaming, the management was surprised to discover that the parking requirements of the gaming patrons were actually less than would be expected for a restaurant or bar doing business without gaming. This was not what had been anticipated. Furthermore, because the counts were taken every three hours during the night, there is undoubtedly some double - counting reflected in these numbers and the actual parking requirements would be less than is reflected in these tables. I hope that this information will be beneficial to the City as it drafts its development regulations for mini - casinos so that those will be in place when the current moratorium expires. If you would like to discuss these numbers or other items relating to the operations of the Riverside Casino, the management would be happy to meet with you or others of your planning staff. Please give me a call directly if you would like me to facilitate a meeting. Sincerely, FOSTER P $ & SHEFELMAN PLLC S ven G. Jones Attorney for SBD, Inc., dba Riverside Casino Enclosure cc: Robert Noe, Tukwila City Attorney (w/ enclosure) Steven B. Dowen, President, Riverside Casino (w /o enclosure) 50138076.01 Direct Phone (206) 447 -8902 Direct Facsimile (206) 749 -1962 E-Mail JoneS@foster.com fostcr.com 1 1 1 1 THIRD AVENUE Suite 3400 SEATTLE Washington 98101-3299 Telephone (206)447 -4400 Facsimile (2.06)447-9700 Web site WWW.FOSTER.COnt ANCHORAGE Alaska BELLEVUE Washington PORTLAND Oregon SEATTLE Washington SPOKANE W/:,shington . H; Z: 0; 00' co 0: vow; W= wLL w 0` 2Q (r Ji IL Q'. :-d H=.. z E M 0, :-1 o I ALI w LL z' ui VN:. z FROM : FAX NO. : 2062445481 Nov. 10 1999 01:27PM P2 41I1=1 Car Count Mon Tues Wed Thur Fri Sat Sun Week end 8/29 ^ 6 :00 PM 61 93 82 94 82 106 60 67 63 8 :OOPM 53 90 87 _ 49 _ 230 126 57 Midnight 47 461 44 79 141 329 134, 320 41 165 Car Count Week end 9/5 6 :00 PM . 200 251 Mon Tues Wed Thur Fri Sat Sun 49 83 63 71 124 127 322 136 87 64 75_j 62 9 :OOPM 76—r-86 140 112, 129 41 210 Midnight 39 81 357 72 271 89 281 Car Count Week end 9/12 6 :00 PM 201 _164 Mon Tues Wed Thur Fri Sat Sun 60 83 94 102 118 64 59 85 62 9 :OOPM 67 100 85 139 125 Midnight 62 62 58 71 147 136 55 189 230 252 258 404 325 176 z �.. w �0 0 :CO • 0 :CO CM W O}}. �_• z�.. • z� U (3. • WW H U` WOO • • 0— • o�. 'Z FROM : • FAX NO. : 2062445481 Nov. 10 1999 01:28PM P3 Iiiimommormam Car Count Week end 9/19 Mon Tues Wed Thur Fri Sat Sun 97 6 :00 PM 78 77 84 72 71 51 53 9:00PM 53 75 138 78 • 121 143 361 137 164 372 62 214 Tues Midnight 55 186 Mon 109 331 77 227 52 156 Car Count _ Week end 9/26 6:00 PM Wed Thur Fri Sat Sun 63 85 79 75 _ 48 97 132 89 147 54 9:00PM 59 87 106 97 78 250 Midnight Car Count Week end l9/2 57 179 92 277 97 263 98 155 48 321 391 150 Mon 69 Tues 71 59 48 178 Wed Fri Sat Sun 6: 00 PM 87 100 96 98 87 68 71 9 :00PM 72 54 92 139 159 62 54 57 123 102 46 195 283 247 349 329 179 a �Z 'U 0' D< WI .N u." 0 =a _ . o. Z 1: WW Dp • Cr)- ;.W a U H LL 0J. . Z • U- • o I- z FROM : •J FAX NO. : 2062445481 Nov. 10 1999 01:28PM P4 Car Count Mon Tues Wed Thur Fri Sat Sun Week end 10110 86 74-102 6:00 PM — 9:00PM 67 87 140 47 137 82 57 127 136 365 68 135 56 63 52 Midnight 70 205 141 365 150 52 155 Car Count Week end 10/17 231 183 425 Mon Tues Wed Thur Fri Sat Sun 70 79 76 67 56 6:00 PM 49 92 9:00P111 . 73 69 212 Wed 84 67 62 82 72 51 - Midnight Car Count Week end 10!24 52 168 Mon 49 203 Tues 82 245 Thur 94 252 Fri 79 48 218 155 Sat Sun 6:00 PM 63 80 76 87 106 78 84 80 56 199 81 55 216 75 83 56 9.00PM 75 708 700 Midnight 60 58 90 57 211 220 314 251 197 4~ w Ce 2. 6__ 00 N0; W =: J 1-- N O. Lu J CD _g I- w z� UJ a: o coi 0 F-. WW Z. • Z ~' .TO: FROM: Steve Lancaster L .DATE: September 15, 1999 RE: Mini - Casino Issues • City of Tukwila John W. Rants, Mayor Department of Community Development Steve. Lancaster, Director MEMORANDUM Community Affairs & Parks Subcommittee At the August 17th CAP meeting, Council members asked staff to provide responses to the following questions: 1. What are the pros and cons of the policy options provided in the July 28th memo to CAP? The impacts of these .policy options were discussed in the April 21st Interdepartmental Report on Mini - Casinos (see Issues 2, 3 and 4, pp. 4 -5). A summary of pros and cons is provided as follows: OPTION PROS CONS OPTION 1 Maximizes local business and job opportunities and tax revenues in gaming industry. •Would allow mini - casinos to be established anywhere eating and drinking establishments are permitted. •Loss of City's ability to manage land use impacts of gaming operations (traffic, parking, noise, etc.). •Potential for adverse social impacts. Allow existing moratorium to expire on January 14, 2000. OPTION 2 Maintain status quo while uncertainties regarding City's regulating authority are evaluated and /or clarified. Continues uncertainty for businesses, employees and community. Extend moratorium for additional six months (expiring 7/14/2000). OPTION 3 May improve City's ability to control land use and social impacts while reducing impact of moratorium on gaming industry and employees. Legal status uncertain. . Extend moratorium but provide exception for some geographic areas. C: \DEB \Casino \CAPMEM4.doc 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax. (206) 4313665 Community Affairs & Parks Subcommittee Tukwila City Council September-15, 1999 Page 2 OPTION PROS CONS OPTION 4 •Would improve City's ability to control land use impacts while providing business and employment opportunities in the gaming industry. •Would provide significant City revenue. Legal status uncertain. Gaming Commission and unofficial position of Attorney General's Office indicates zoning option may not be available. Amend zoning ordinance to allow mini - casinos- only in specific areas. . OPTION 5 •Avoids land use and other impacts. •Clear statutory authority. __ ��: •Adversely impacts businesses that have already made substantial investments. •Loss of employment opportunities. Ban mini - casinos 2. How will the regulation or ban of mini - casinos affect the City's gambling tax revenues? In the case of a ban, tax revenues generated by mini - casinos will cease. However, even if the City is allowed to regulate mini - casinos via zoning, gambling revenues may stabilize or possibly decrease. This uncertainty is based on a variety of possible factors, including market forces or potential changes in state law. Projected gambling tax revenues for 1998 were $771,255. Of this total, over half ($414,160) came from card room operations. 3. What are the • legal issues as sociated with the City's regulation of mini - casinos? The legal issues were discussed in the April 21st Interdepartmental Report on Mini - Casinos (see Background Section, pg. 2 and Issue #1, pg. 3). However, a synopsis is provided as follows: According to Ed Fleisher of the Gambling Commission, "a local jurisdiction's ability to 'zone' a particular type of gambling business out of some areas, but not all areas, is not clear." A copy of Mr. Fleisher's February. 9th letter to the City of Renton is attached. Although the Gambling Commission will not take a formal position on these issues, they expect that the issues "will likely be litigated by licensees and local jurisdictions in the coming months." A copy of the Assistant Attorney General's March 8th letter to the Gambling Commission is attached. The Washington Association of Cities has advised the City of Tukwila that, absent a change in the existing law, this issue will likely be decided in the courts. C: \DEB \Casino \CAPMEM4.doc Oe ....,.— ._._.. ..... ,, z re 61-1 6 U O. gyp' W H w• 0 L- LQ =a z O z I- U• � (3 I-. w w. I—• U . `1. o wz UN z __ _Community. Affairs & Parks Subcommittee'. Tukwila City Council September 15, 1999` Page 3 4. What are the impacts on Tukwila if neighboring jurisdictions ban mini - casinos? Tukwila has more mini- casinos-than any other jurisdiction in Western Washington. As more jurisdictions decide to ban these venues, additional pressure will be place on Tukwila to allow new mini - casinos. Jurisdictions with bans in place include: Auburn, Bellevue, Bothell, Burien, Covington, • Enumclaw, Issaquah, Kent, Lynnwood, Maple Valley, Mercer Island, Mill Creek, Pierce County, Seattle, Vancouver and Woodinville. Fact Finding by Governor's Office z Z' J U' C.) O' CO o: cn w' w= J f.. . CO w° 2 g a. D. At Governor Locke's request, his Executive Policy Advisor, Katie Hong, met with staff Z on August 24th. Ms. Hong is meeting with a number of jurisdictions that have operating o mini - casinos to discuss the impacts of these gambling venues. As part of her fact- w w` finding, she is asking each jurisdiction nine questions. Those questions and our D 0' 9, 9 j q q (and � o response to them) are attached. ;o cn': o I. ;w ui — .z U =, o� z Summary The fundamental question, affecting all jurisdictions with mini- casinos, remains unchanged. Can a jurisdiction regulate the location of mini - casinos via zoning? The Gambling Commission maintains that a mini - casino may operate anywhere a restaurant or tavern may operate. Time will tell, either in the courts or in the State Legislature, as to how and when this issue will be resolved. C: \DEB \Casino \CAPMEM4.doc TO: City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director Ms. Katie Hong • Executive Policy Advisor Executive Policy Office FROM: Steve Lancaster Director, Community. Development DATE: August 24, 1999 RE: Response. to Issue Questions Regarding Impacts of Gambling at Local Level MEMO Earlier this year, an interdepartmental team of City staff was formed to review the current and future impacts of mini - casinos in Tukwila. That team's report, dated April 21, 1999, is attached for your reference. We believe that it addresses the questions you have raised and we have provided a synopsis of that report in response to your questions. Although the report represents the best information we have at this point in time, we will continue to review casino - related issues during the period of our moratorium. \. z W_ re 2 00 co w J = F-: w 0, J. u_ _, N a I--W Z I-0 Z I— 'O • N• .. = U: — O 5 1. What are the impacts on your community from- gambling, and in particular from the [ii Z. 0 =. 0 H. operation of enhanced card rooms? Although gambling establishments have been prevalent in this city for many years, the associated impacts have been minimal. Only recently, with the evolution and expansion of enhanced card rooms (also known as mini - casinos), have we seen a variety of increased impacts. Although Tukwila only has a •population of 15,000, it now has four operating mini - casinos. These mini.- casinos are the Riverside Inn, Golden Nugget, Silver Dollar and Pete's Flying Aces. To our knowledge, we have more mini - casinos than any other jurisdiction in Western Washington. Due to Tukwila's location on several regional corridors and its proximity to Seattle (which has banned mini - casinos), we are viewed as a prime location for such venues. In an attempt to attract potential Seattle customers, the advertising campaigns of Tukwila's mini - casinos have been directed to the regional audience. The advertisements are appearing regularly and with increasing frequency on television, in major Seattle newspapers and on signage in other jurisdictions. For this reason, it can be argued that mini - casinos are a regional commercial use. If neighboring jurisdictions continue to ban these venues, there will be additional pressure placed upon Tukwila to allow even more mini - casinos. According to the Gambling Commission, most future growth of mini - casinos will be located in Puget Sound and of these, the majority will be new businesses, not existing card rooms. At this time there are few national (and no local) studies available which adequately address the impacts of this type of gambling on a community. In some ways, it is too soon to properly identify the types and extent of these impacts. However, given the nature of this type of activity and its 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • _. Ms. Kathy Hong August 24, 1999 Page 2 growing availability, we believe that impacts ranging from DUI incidents and gambling addiction to traffic and noise will continue to increase. As we will .discuss below, the recent changes in RCW 9.46 have also created a number of legal questions that remain unresolved. They include a jurisdiction's ability to regulate via zoning, licensing and moratoria. - . 2. What are the impacts on emergency services, police, medical aid, traffic congestion and. development patterns? As outlined above, the land use impacts of mini- casinos are regional in nature. By law, mini - casinos may operate 20 hours per day. The associated impacts of such regional commercial enterprises include increased conflicts between pedestrians and autos, increased parking demands of single occupancy vehicles and the potential for increases in noise and crime levels at a variety of times throughout the day. At this time, three of. Tukwila's four existing mini - casinos are• concentrated in two commercial . zones, located on a portion of Interurban Avenue South. The City's moratorium has precluded the expansion of these existing mini - casinos or the development of new venues in other commercial areas: As to future development patterns, the legal questions regarding a local jurisdiction's ability to regulate mini - casinos via zoning will have to be resolved in the courts. Is there an increase in crime resulting from gambling? From card room operations? If so, what does the increase reflect? Although gambling establishments have been prevalent in this city for many years, the associated crime has been minimal. According to our Police Department, most of the gaming establishments were small and self - regulating, catering tb an established clientele. Only recently, with the evolution and expansion of mini - casinos, have they seen increased crime reporting and calls for service. The Police Department believes that it is still too early to reach a conclusion regarding the impact of mini - casinos on local crime statistics (i.e., crime reporting and calls for service). However, drawing more people into our community to gamble will bring ancillary crime. This may include increased incidents of DUI. The proliferation of mini - casinos will necessitate expanded response; inspection and monitoring by the Police Department, which will have budgetary implications. 4. What additional local services. are needed as a result of increased gambling? How, if at all, have local services changed? Based on the available research, Tukwila's Office of Human Services expects to see a greater demand on the City's social services within the areas of financial assistance, counseling and mental health, emergency and domestic violence services. 5. What is the tax impact, in particular from card rooms? What are the revenues to your city from enhanced card rooms? What are the revenues from other gambling activities (bingo, punchboards, pull tabs and tribal casinos)? Prior to 1998, the majority of gambling tax revenues received by the City was from punch boards and pull -tabs. Since that time, the amount of gambling tax revenues from card rooms is steadily increasing. The City's gambling tax revenues over the past six years are shown below: z i- W. D 00 N0. wi J H. COLL wO co =a �w z1. o. z F—: tu CO � p O —. O ~' w W Ili co O ~: z Ms. Kathy Hong. August 24," 1999 Page 3 Year Total - Card Rooms Only 1998' $771,255 $414,160 1997 452,724 97,326 1996 334,746 N/A 1995 427,019 N/A 1994 471,202 N/A 1993 487,933 N/A Although the City has projected $700,000 in gambling tax revenues for 1999, the actuals to -date indicates that the projected total for 1999 will be closer to $1.2 million. According to the City's Finance Director, virtually all' of the recent increases are due to mini - casinos. There are too many potential issues which could erode this recent surge in revenues such as further changes by the legislature,.a decline in gambling revenues due to proliferation of establishments, or other factors which will affect what this non - traditional revenue source might provide in the future. The City now taxes social card games at a rate of 10% of the ho.pse- banked gross revenues. The legal limit is 20 %. Currently, most cities are at the 10% rate. However, several have raised the rate beyond 10% such as Auburn (12 %), Kent (11%), and Federal Way (20 %). 6. How do you use your gambling tax revenue? What programs or activities benefit from gambling taxes? Gambling tax revenue is currently being used for police services authorized by the original statutes. The residual or excess gambling tax revenue is being used for general government services peripherally related to gambling. These include land and facility usage. 7. What is your local zoning laws regarding the location of card rooms? Although Tukwila has allowed some gambling activities in the past (such as social card games, punch boards and pull -tabs) these activities were not referenced in the list of permitted uses under the City's zoning code. At that time, these gambling activities were considered to be "customarily appurtenant" to taverns, billiard or poolrooms. At present, Tukwila's zoning code does not address casinos or mini - casinos nor are they shown on the list of permitted uses. However, as card rooms have evolved into mini - casinos, gambling has become the principal use at these locations. Due to the recent changes in the Gambling Act and the associated legal issues that have arisen, local governments have been advised that they do not have the authority to regulate this type of principal use. According to Ed Fleisher of the Gambling Commission, "a local jurisdiction's ability to 'zone' a particular type of gambling business out of some areas, but not all areas, is not clear." According to Mr. Fleisher it is also not clear "whether local jurisdictions can allow gambling non - conforming uses or whether moratoriums on new gambling, which a few, jurisdictions have adopted, is permissible." Although the.Gambling Commission will not take a formal position on these issues, they expect that the issues "will likely be litigated by licensees and local jurisdictions in the coming months:" The Washington Association of Cities -has advised the. City of Tukwila that, absent a change in the existing law, this issue will likely,be decided in the courts. .Ms. Kathy Hong August 24, 1999 Page 4 8. What is the status of your current moratorium? Why did you take this action? What is the problem? . On February 1, 1999, Tukwila adopted a six -month moratorium on the filing of business licenses and development permits for food and drink establishments conducting gambling activities. The moratorium was established to provide an opportunity to review and research gambling - related issues, to consider code amendments and to hold a public hearing. This moratorium was extended to January 14, 2000 for the following, additional reasons: • Other jurisdictions that.have taken specific actions to address gambling issues have been subjected to threatenea and real legal challenges. • The Gambling Commission has taken a controversial legal position regarding the rights of cities to regulate gambling activities via zoning. • The State Legislature has yet to provide guidelines or legislative action on this issue. Tukwila has been pursuing the development of a work plan addressing the issues surrounding gambling activities. However, due to the factors listed above, the City has been hindered in its efforts. 9. What options are currently available for your community to participate in the licensing process? What options should be available? How should local input be used in the licensing process? From a practical standpoint, communities have Iittte or no opportunity to participate in the Gambling Commission's licensing process. Citizens residing near (or jurisdictions containing) the site of a potential mini - casino are not automatically provided with written notification of Gambling Commission meetings or pending license applications. Such notifications must be requested from the Commission. Although the Commission's meetings are public, the meetings are held monthly at various locations across the State. Unfortunately, input provided by citizens or local jurisdictions has little or no impact on' the license approval process. In testimony this winter before the House Commerce and Labor Committee, the Gambling Commission indicated that it had no authority to take public input into account as the Commission is restricted to standards set by law. As previously stated, we believe that local jurisdictions should have the ability to regulate mini - casinos via zoning. We also believe that additional licensing standards must be developed. These standards should address: 1. the proposed location of a mini - casino; 2. the existing or proposed concentration of mini - casinos in a particular neighborhood or city; 3. formal notification of local jurisdictions and affected property owners and citizens; and 4. any concerns expressed by affected jurisdictions, property owners and other citizens. • z w J U •U0. 0) W= J N u_ wo u_< w z� I-'O. ZH 2 U 0 -' w w:. � F- Z_ w U -' Z Ms. Kathy. Hong August.24, 1999 Page 5 -- Per RCW 9.46.285, the Gambling Act "constitutes the exclusive legislative authority for the licensing . and regulation of any gambling activity• and the state preempts such licensing and . regulatory functions, except as to the powers and duties of any city, town, city-county or county which are.. specifically set forth in this chapter." . As RCW 9.46.295 is currently written, local jurisdictions ':may absolutely prohibit gaming activities, but may not change the scope of license, any or all of the gambling activities for which the license was issued." However, the City of Tukwila would prefer to issue separate business licenses for mini - casinos (if and when revisions in the Gambling Act permit). • MEMORANDUM DATE: August 12, 1999 TO: Mayor's Office FROM: Evie Boykan, Human Services RE: CDBG ideas for 2000 CC: Coommunity and Parks CO U) w, wz -J W 0! Revised as of 8/12/99 ga J Here are some thoughts on use of CDBG funds for next year. I look forward to = a discussion. Funds include $137,910 (new funds), $59,599 (old funds), 88,163 of I— i program income and an expected $20,000 from utility funds not used this year. z ~' O. Total would represent $303,198. $2,474 was deducted from an overallocation z w uj this year. 2 D. Public Service Ideas - 0 N' O • Total Available - $25,118 = w Senior Nutrition Program - $19,000 u. — O. Teen Program - $6,118 iii z; U u) H � O Planning and Administration Ideas z. Total Available - $23,126 Continuation of supporting Terry Smith to Address Housing Activities including Minor Home Repair Program, potentially continuing work around first time homebuyers and support to DCD (see attached draft). A separate detailed attachment describes the 1999 accomplishments to date of the REACH program this year. Briefly accomplishments included : 1) Developing , awarding and preparing a minor home repair contract with Senior Services 2) Assisting two families renting in Tukwila to enroll in programs for home -buyer assistance and lease with option to purchase their rental homes 3) Applied for, recruited and hired a VISTA volunteer to assist with REACH activities 4) Organized and coordinated Paint Your Heart out for the second year 5) Prepared grant applications 6 Capital Ideas Total Available $234,954 (This includes funds for 2000, plus old funds, plus this year's unused funds. To date. the specific capital request I have received from other departments includes expansion at the main fire station for the emergency operations center. Don Williams talked to me on Tuesday the 13th and would like to have $150,000 of capital dollars for park acquisition. I wasn't sure whether acquisition would be during the year 2000 or later. z. mow. 00 cn tu J = 1.- u_ Home Repair - $20,000 (This would continue the work begun this year, LL p. and doubles the amount of funds available). Minor Home repair addresses those �. needs that are too small to qualifty for the major home repair program. Our g Office receives numerous calls (especially from Senior Citizens) for help with minor home repair. = d F w. King County Housing Repair - $70,000 (There continues to be funds available ? �; this year that have not been used). As of 2nd quarter almost $77,000 is z O available from 1998 and 1999 funds. First Time Homebuyers fund - $45,000 First time homebuyers has been an interest of Council and Administration. As we continue to pursue options for o �'. getting this off the ground this amount of funds might serve as being available for w w revolving loans. 2. Requests for capital funds from non - profits z: U co_ While the City does not hold a competitive application cycle for CDBG capital funds, several non - profits did contact us and submitted requests for Tukwila's z ~ participation in funding programs that not only serve regional needs, but also serve Tukwila residents. The needs met by these programs below are documented in both the 1998 Human Services Review as well as United Way documents. Catholic Community Services - $5,000 This is a capital request to develop transitional housing for women in recovery coming out of the Regional Justice Center. The program would be located in Kent. It could assist those women who engage in prostitution in Tukwila as a means to earn a living. Last year over 300 women were interviewed by Catholic Community Service staff at the Regional Justice Center. They determined that about 75% of this group had no permanent adress. Currently the only shelters available for single women are in downtown Seattle, and they are almost always full. This can contiribute to a reoffending rate. This housing program would also provide case management which can help in women's efforts to remain clean and sober. This was a need identified in the 1998 Human Services review. Avalon Way Mutual Housing Program - $5,000 Funds would support low income adults with severe mental illness in a residential and work setting in West Seattle. Tukwila residents are already being served. Funds would be used to demolish an existing building and develop 8 units of housing for mentally ill adults. This population is vastly underserved and a i•�`�.' :'�.0�� }. =?!i:Y "CFi� nU St ..:i:iC.5i "iJ'.i�.•w>I.@ Y•.i ZiO?f .L:..• 2 • • contributor to our homeless population. The benefits here are supportive services combined with housing. None of the agencies in South King County have a residential program that serves this population. South King County Multi Service Center - $5,000 The agency which leases units from the King County Housing Authority is seeking funds to rehabilitate the outside sewer line system for the NIKE housing site. The property, located in Kent, provides transitional housing for homeless families and individuals. Tukwila residents are being served. Homeless families have a much greater chance for success and stability when transitional housing is made available. Residents are provided with case management and assistance in locating more stable housing. In the past, the City of Tukwila funded repair for the roof of these housing units. Community Psychiatric Clinic is looking for funds to identify a South King County site to develop 15 beds for a chronic inebriated population that may also have mental illness issues. Money would be for acquisition for the property. It would be used for housing including a live in staff person. They are also requesting $5,000. There is no question that housing for special populations is needed. It will be a controversial project, wherever it is located. I would recommend funds for at least the Catholic Community Services program and the South King County Multi service center Nike rehabilitation project. Avalon Mutual Housing might also be a consideration. The Advisory Board is aware of three of these proposals and supports their need. Even with these recommendations, $36,710 would remain. The City could use that towards park acquisition as requested by Don Williams. IDEA2.20 3 ■ mow. t� JU •NOl • viw U4 z: • N wo El = d: •1-_: • I-0' z moo: U U, _; ww - 0: • Z. 01— 'z.. • • Memorandum DATE: August 12, 1999 TO: Community and Parks FROM: Evie BoykaHuman Services Community Development Block Grant Funds for 2000 The attached memo describes Mayor's Office recommendations for use of Community Development Block Grant Funds for the year 2000. The recommendations outline the eligible areas where we can spend funds: capital, planning /administration, and public services. After review, a public hearing will be held and the full Council will have an opportunity to review and suggest modifications. I will be available with further detail supporting the recommendations. • City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director MEMO TO: Community Affairs & Parks Subcommittee Tukwila City Council FROM: Steve Lancaster DATE: July 28, 1999 RE: Zoning Issues Related to Mini - Casinos During its June 8th meeting, CAP resumed its discussion of staffs Interdepartmental Report on Mini - Casinos. Planning staff was asked to present additional information regarding the zoning of mini - casinos at the July 13th CAP meeting, which was continued to their August 3, 1999 meeting. Background The existing gambling moratorium (Ordinance 1867) expires on August 1, 1999. The City Council held a public hearing on July 6th regarding the possible six -month extension of the moratorium. Following the hearing, the Council voted to extend the moratorium to January 14, 2000 (six months from the extension's July 14, 1999 effective date). Staff has developed a draft work plan (shown below) that would allow for the adoption of code amendments before that expiration date. August, 1999 CAP's recommendation to COW September Council's recommendation to Planning Commission Processing of SEPA Planning Commission work session Planning Commission public hearing and deliberation October Planning Commission recommendation to Council November Council public hearing and deliberation January, 2000 Council approval of code amendments January 14, 2000 Moratorium expires However, several legal and policy questions will require resolution before specific code amendments and regulations can be implemented. At this time, is it unclear what position the courts will take. Policy Options As discussed in the Interdepartmental Report and during the recent CAP meeting, there are substantial legal questions regarding a local jurisdiction's ability to regulate mini - casinos via zoning and licensing. As we have previously discussed, there are four policy options available to the City. Community Affairs & Parks Subcommittee Tukwila City Council July 28, 1999 Page 2 1. Ban all types of gambling activities in the City of Tukwila. 2. Impose a city -wide ban on mini - casinos. 3. Allow all types of gambling activities (including mini - casinos) in all areas where restaurants and taverns are permitted. Allow mini - casinos only along portions of Interurban Avenue (see attached map). By permitting mini - casinos in this area, impacts can be directed away from residential and neighborhood commercial areas. Associated standards, such as parking requirements, would also be developed to complement the siting of mini - casinos in this area. However, as a consequence, any existing mini - casinos located in other geographic areas of Tukwila would become legally non- conforming. The City Council would need to determine whether non - conforming uses could remain so indefinitely or be subject to an amortization period ranging from five to ten years in length. Summary Based on testimony offered during public hearings in Olympia and upon opinions expressed by the Gambling Commission and a number of city attorneys, the Gambling Act allows any jurisdiction to ban all gambling (or a particular gambling activity) throughout that jurisdiction. For this reason, the first three policy options provide Tukwila with clear choices. However, it is unclear at this time if the fourth option will be supported by the courts. If the Council is considering allowing mini - casinos in limited locations, staff recommends deferring this option until August. By then, staff may have more information as to what has happened in other jurisdictions. . City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Community Affairs nd Park's Committee FROM: Steve Lancaster DATE: July 15, 1999 RE: Mini- casino moratorium Following the extension of the moratorium at the July 6, 1999 public hearing, staff was requested to develop a draft work plan for presentation at the next available CAP meeting. The workplan covers activities between the effective date of the extension (July 14, 1999) through its January 14, 2000 expiration. This matter was to be heard at the July 20 CAP meeting. Due to my meetings in Washington D.C. and Jack Pace being on vacation, our workplan will be presented to you at the next CAP meeting, tentatively scheduled for August 3, 1999 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 Revised 2000 Estimates of CDBG Funds as of July 1999 • CITY ENTITLEMENT RECAPTURED PROGRAM REDUCTION TOTAL PUBLIC PLANNING BALANCE SHARE 1! FUNDS 21 INCOME 31 OPTION 41 SHARE SERVICE 8, ADMIN ,AVAIL. m N cmBothell 142,806 4,928 1,034 148,768 26,010 23,947 98,811 ,T Burien 217,049 11,499 18,568 3,638 243,478 39,532 36,397 167,549 RI Covington 67,175 1,370 486 1,182 67,849 12,235 11,265 44,349 Des Moines 215,366 4,391 9,564 3,829 225,492 39,226 36,115 150,151 Enumclaw 92,541 22,352 18,936 1,613 132,216 16,855 15,518 99,843 Federal Way 492,820 55,243 67,557 8,739 606,881 89,760 82,641 434,480 Issaquah 49,402 1,706 8,232 857 58,482 8,998 8,284 41,200 Kent 524,703 14,166 20,677 9,130 550,416 95,567 87,987 366,862 Kirkland 279,856 30,812 76,572 4,898 382,342 50,972 46,929 284,441 Lake Forest Park 55,502 1,132 402 968 56,068 10,109 9,307 36,652 Mercer Island 56,274 1,147 12,849 70,270 10,250 9,437 50,583 Redmond 242,603 8,026 56,810 4,278 303,162 44,187 40,682 218,293 Renton 357,306 10,890 19,673 6,163 381,707 65,078 59,917 256,712 SeaTac 193,963 3,955 40,269 3,439 234,747 35,328 32,526 166,893 Shoreline 318,797 6,500 9,202 334,499 58,064 53,459 222,976 Tukwila 137,910 59,599 88,163 2,474 283,198 25,118 23,126 234,954 in TOTAL 3,444,073 237,716 448,993 51,208 4,079,576 627,289 577,537 2,874,750 1/ Based on a 2000 entitlement of $7,000,000 and program income of $1,899,378: an administrative setaside of 1,017,921 and a public service setaside of $300,000. 2/ This includes recaptured funds returning to each jurisdiction as well as recaptured funds from the administrative setaside which is distributed to all the Jurisdictions. 3/ This includes program income from housing repair loan repayments returning to each jurisdiction as well as program income from the Housing Stability Project which is distributed to all the jurisdictions. 4/ This is the amount of funds that was overallocated in 1999 and needed to be taken out of the 2000 share of CDBG funds. ''4 (7120!99) • Table 1 • 'JUL -00 -1999 10 56 HCD 2960229 P.01/03 • Icy Housing Repair Program Year to Date Activity Report Utr. 1999 TUKWILA Status of Funding for TUKWILA Housing Repair Program - CDBG Allocation Allocation Committed. Spent since Available to Year ' since Allocation Allocation Commit 1996 5129,055 5129,055 $124,722 SO 1997 547,600 S47,600 547,600 SO 1998 579,369 546,792 S41,291 S32,577 1999 544,256 SO SO 544,256 Sum 5300,280 5223,447 5213,613 576,833 1999 1998 • 1997 1996 Committed vs. Allocated 50 550,000 5100,000 5150,000 • Committed • Allocation Number of Ineligible applications Number of Pending applications 7 '/tat& ScO Number of Cancelled applications .Households Assisted by Type of Loan or Grant for TUKWILA Type of Loan or Grant • Households Deferred Payment Loans DPI.. 2 • Sum 2 Type of Assistance APL 100% TD: FAA: P4 t 3 -7A/97 • ... M1..4•M•••∎•••v•,w•:rr.wr.r••r.•. .. v,w r} w. w.. ...w...+h.�r.r.w...._r- r..rr..� w.. rr,• w...._._.'. i. wr.. r._..... rr .r.M.....+..........+.rr..w.w. �.r.r +.r.+._. r.....r.w...wr.. Thursday, July 08, 1999 /O z W. re • JU � 0 V) La.: W 2' W. W 0}; J 0 vi•D = W 1- _ Z }- O. .Z 1-: W ST, O W W, U; z .)N_. •O z • City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director MEMO To: Community Affairs and Parks Subcommittee Tukwila City Council From: Steve Lancaster C Date: May 18, 1999 ���L/// Re: Annotated Bibliography - Gambling Impact Studies At the May 4th CAP meeting, Steve Mullet requested information regarding the availability of gambling impact studies. The following is an annotated list of studies which have been collected and reviewed by staff. We will be happy to make copies of these studies available to the Council. 1. Gambling Impact and Behavior Study -Final Report to the National Gambling Impact Study Commission prepared by the National Opinion Research Council, University of Chicago, March 18, 1999. http: //www.norc.uchicago.edu /new /gambline.htm This two -year study of 100 communities was conducted on behalf of a federally funded panel studying the social and economic impact of legal gambling in the U.S. The nine - member panel (which contains both gambling advocates and foes) is expected to deliver its final report to Congress in June, 1999. The research found the following: More people age 65 and older are gambling. The percentage of women who have ever gambled rose 20% (from 1994 to 1998). The number of underage youths gambling has stayed steady (at about one percent). When casinos open in or near a community, unemployment and welfare decline without a surge in crime or bankruptcies. Residents in the affected communities more than tripled their casino gambling. Casinos take business away from a community's existing restaurants and bars. 2. Economic impacts of Casino Gaming in the United States, prepared by Arthur Anderson for the American Gaming Association, December, 1996. http: / /www.americangaming.org /media /impact /index.html This Arthur Anderson study was prepared to examine the economic impacts of casino gaming on the U.S. economy. Gaming activity, as defined in the study, includes land- based, dockside and riverboat establishment. Native American casinos, cruise ship casinos and non - casino slot machines were not included in the study. The study reached the following conclusions: For every $1 million in revenues, the casino gaming industry creates 13 direct jobs. Casino gaming has created over 700,000 direct and indirect jobs with wages of approximately $21 billion. C: \DEB \Casino \B IBLIOGRAP HY.doc 05/17/99 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 z rew 6 U O: U D; u) w wI J CO u- d. -I. 1.- 1-0, Z 1—' UJ gyp' O N, ww', H V .z. H H O Z Casino gaming companies are investing more than they make at a 1995 ratio of 3:1. The economy is not fixed but grows when consumers are satisfied and jobs are created. Gaming has grown because consumers' recreational discretionary income has grown. While the percent of growth of the casino gaming industry has been dramatic, other areas of discretionary spending generate far greater revenues. 3. Frontline: Easy Money. WGBH Boston via PBS Tapes and Transcripts. Air date: June 10, 1997, as reported by Martin Koughan http: / /www.pbs.ore /wgbh /pages /frontline /shows /gamble While many American still think of gambling as an outlaw industry, a world filled with gangsters and hustlers, that image is changing. Gambling has moved from the back rooms to the boardrooms and it has a new name: gaming. It's classier and more respectable and is the most popular form of adult entertainment (more than movies, sports, music, theme parks and live entertainment combined). In 1996, wagers totaled more than $500 billion, more than American spent on cars and houses combined. The number of Americans who go to casinos has doubled in the past five years. Twenty years ago, gambling was legal in two states. Today, some form of gambling is legal in all but two states: Utah and Hawaii. The gambling industry has quietly become one of the most generous political lobbies in the nation. In the past five years, the gambling industry has spent more than $100 million to influence state legislatures. Z 0 4. Gambling in California by Roger Dunstan, California Research Bureau, January, g 1997. http: / /ferguson. library .ca.gov /crb /97 /03 /crb97003.html This lengthy report provides an overview of the history of gambling in the U.S., including lotteries and Indian Gaming. Its primary focus, however, is the variety of impacts made by gambling in the State of California. These impacts are in the areas of economics, politics and crime. A number of related studies, conducted in other states, are cited and discussed. Some conclusions reached in the report are: The smaller the region, the more likely a gambling project will be an economic benefit to that region. Although the Las Vegas model has been copied, there is dispute regarding the social costs to communities. Gambling can be a powerful economic development tool. Local governments have had difficulty controlling the size and scope of gambling. 5. Harrah's Survey of Casino Entertainment, 1997, Harrah's Entertainment, Inc. http: / /www.harrahs.com /survey /ce97 /ce97 index.htm1 This survey was designed to obtain a variety of information including: 1) acceptability of, and attitudes toward, casino entertainment; 2) number and frequency of casino visits among households; 3) player profiles and demographics. It was based on responses from a representative sample of 17,709 Americans. The survey found the following: Approximately 92% of U.S. adults say casino entertainment is acceptable for themselves or others. Approximately 62% of U.S. adults say casino entertainment is acceptable for anyone. About 32% of U.S. households gambled at a casino in 1996. Gaming households made an average of 4.8 trips to casinos in 1996. C : \DEB\Casino \BIBLIOGRAPHY.doc -2- 05/17/99 In comparison to the average American, casino players tend to have higher levels of income and education and are more likely to hold white - collar jobs. 6. Mississippi State University Extension Service — Coastal Zone Impacts of the Dockside Casino Industry: The Mississippi Experience, May 7, 1996. http://ext.msstate.eduipubs/m0949.htm This document represents the proceedings of a workshop held in Biloxi, Mississippi on May 7 -8, 1996 focusing on dockside gaming. Topics include an overview of dockside gaming legislation, the regulatory and permitting process for dockside gaming, and the cumulative and secondary impacts of dockside gaming development, including social impacts. 7. Social and Economic Consequences of Gambling, National Coalition Against Legalized Gambling, 1999. http: / /www.ncalg.org /pages /quotes.htm Formed in 1994, the NCALG is a volunteer organization dedicated to stopping the spread of legalized gambling in the U.S. The NCALG operates as a coalition, allowing it to avoid partisan political or religious issues while providing information and tactical assistance to grassroots organizations as they battle local gambling initiatives. The above - referenced document is a compilation of quotes covering the following subjects: 1) the increasing number of compulsive and . problem gamblers; 2) the effects of gambling on children; 3) economic benefits vs. social costs of gambling; 4) gambling as a revenue source for government; and 5) the impacts of gambling upon other businesses. C: \DEB \Casino\BIBLIOGRAPHY.doc -3- 05/17/99 , From: To: Date: Subject: Rhonda Berry Deborah Ritter 5/5/99 3:18PM Re: Non -Stop The Non -Stop has lost only their gambling license. The liquor and business licenses remain intact, at least for now. City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director To: Mayor Rants From: Steve Lancaster Date: April 21, 1999 Re: Interdepartmental Report on Mini - Casinos On February 1, 1999, the City Council adopted a six -month moratorium on the filing of business licenses and development permits for food' and drink establishments conducting gambling activities. The moratorium was established to provide an opportunity to review and research gambling - related issues, to consider code amendments and to hold a public hearing. The public hearing was held on March 15, 1999. The moratorium will expire on August 1, 1999. In response to the current moratorium, city staff formed an interdepartmental team comprised of the following members: Rhonda Berry, Evelyn Boykan, Alan Doerschel, Jane Cantu, Duane Griffin, Bob Noe, Jack Pace, Doug Partlow and Deb Ritter. The team researched a variety of mini - casino impacts, networked with peer groups in neighboring jurisdictions and obtained input from the operators of mini - casinos located in Tukwila. This report contains the information obtained by that team and also raises questions for consideration by the City Council and Administration, as follows: 1. Should the six -month moratorium be extended beyond August 1, 1999? 2. Should gambling be allowed in the City of Tukwila? 3. If gambling is allowed, what types of gambling venues or activities will be permitted? 4. Where should these permitted gambling activities be located? 5. At what rate should Tukwila tax these activities? In response to these questions, the report provides a variety of policy options and recommendations. More specific standards, regulations and code amendments can then be prepared to accommodate and respond to the direction of the City Council on any or all of these issues. BACKGROUND The Gambling Act of 1973 (RCW 9.46) In 1973, the State Legislature created the Washington State Gambling Commission and authorized certain gambling activities in the State (amusement games, bingo, raffles, punch boards, pull -tabs and card rooms). Under this law, the State (as well as the City of Tukwila) allowed social card games in taverns and restaurants, which primarily engage in the sale of food and drink. In 1997, the State Legislature modified the definition of social card games to include gambling. The law was altered in an effort to help card rooms compete with tribal casinos, allowing house - banked social card games with professional dealers and bets up to $100. The changes in the State law also increased the maximum number of tables 4/21/99 C: \DEB \Casino \REPORT9.doc -1- 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 z Z : re 2 JU U O0 ; CO CO W W s. -.1• �.0 : W 0 }r a. rn� z C3 = • Z i~ • • •f-O. • z . Win; •U �. • O N; 0E—. • = U •Z ui O Z per establishment from 5 to 15. The venues for such activities are now increasingly known as "casinos" or "mini- casinos ". As of February, 1999, 40 of the 83 mini - casinos seeking approval from the State Gambling Commission have been approved. The Gambling Commission estimates that by January, 2000, 70 of the 83 mini - casinos will have been approved. The Commission believes that most future growth will be located in the greater Puget Sound area and that most mini - casinos will be new businesses, not existing card rooms. The Gambling Commission has asserted that it has the sole authority to "regulate" those food and drink establishments providing gambling activities as a commercial stimulant. This is based on their belief that the State has preempted the field of regulation and that cities cannot impose any regulations, including zoning or land use regulations, on establishments in such gambling activities. According to Ed Fleisher of the Gambling Commission', "a local jurisdiction's ability to 'zone' a particular type of gambling business out of some areas, but not all areas, is not clear." According to Mr. Fleisher it is also not dear "whether local jurisdictions can allow gambling non - conforming uses or whether moratoriums on new gambling, which a few jurisdictions have adopted, is permissible." Although the Gambling Commission will not take a formal position on these issues, they expect that the issues "will likely be litigated by licensees and local jurisdictions in the coming months." Mini - Casinos in Tukwila There are currently five operating mini - casinos in the City of Tukwila. They are: Riverside Inn Golden Nugget Silver Dollar 21 Club Non -Stop Bar & Grill 14060 Interurban Avenue South 14025 Interurban Avenue South 14027 Interurban Avenue South 14101 Pacific Highway South 12606 Pacific Highway South Staff has learned that at least three additional casinos are being contemplated in the City of Tukwila with the probable expansion of two existing mini - casinos. Although Tukwila has allowed some gambling activities in the past (such as social card games, punch boards and pull -tabs) these activities were not referenced in the list of permitted uses under the City's Zoning Code. At that time, these gambling activities were considered to be "customarily appurtenant" to taverns, billiard or poolrooms. At present, Tukwila's zoning code does not address casinos or mini - casinos nor are they shown on the list of permitted uses. However, as card rooms evolve into mini - casinos, gambling appears to be the principal use at these locations. Mini - Casinos in Other Jurisdictions Like Tukwila, cities with active moratoria are currently reviewing the mini - casino issue and are trying to decide if any changes should be made to their municipal codes. The following cities have moratoria in place: Auburn, Burien, Kent, Redmond, Tacoma and Tukwila. The following list shows the number of existing and pending mini - casinos by city: 'Letter dated February 9, 1999 from Ed Fleisher of the State Gambling Commission to Michael Kattemian of the City of Renton. 4/21/99 C: \DEB \Casino \REPORT9.doc ..,, -2- Auburn Burien Federal Way Kent Kirkland Redmond Renton SeaTac Shoreline Spokane Tukwila 2 operating and 1 pending 1 being built 3 operating 1 operating none at this time none at this time 2 operating 1 proposed 2 operating and 1 pending 5 operating 5 operating Some of the cities which have banned mini - casinos are: Bellevue, Bothell, Covington, Issaquah, Lynnwood, Maple Valley, Mercer Island, Mill Creek, Seattle and Woodinville. ISSUE #1 Should the six -month moratorium be extended beyond August 1, 1999? Enumclaw, The explosive growth of mini - casinos has taken many jurisdictions by surprise. Some cities have imposed moratoria while others have completely banned casinos. Those cities without moratoria in place are aware of the proliferation of mini - casinos and are watching the situation closely. Tukwila has more casinos than any other jurisdiction in Western Washington. However, if neighboring jurisdictions decide to ban these venues, there will be additional pressure placed on Tukwila to allow even more. The recent changes in the Gambling Act of 1973 created a number of legal questions that remain unresolved. They include a jurisdiction's ability to regulate via zoning, licensing and moratoria. In response to concerns voiced by a number of cities in King County, the local gambling industry sought to make changes in the existing statute. Unfortunately, although a number of bills were proposed in the Legislature this spring, none were passed out of committee. The Association of Washington Cities has advised us that, absent a change in the existing law, this issue will likely be decided in the courts. Policy Options 1. Let the moratorium expire on August 1, 1999. 2. Extend the moratorium for an additional six months (expiring February 1, 2000). 3. Extend the moratorium an additional six months but provide an exemption for specific geographic areas. Recommendation Due to the number of unresolved legal questions associated with mini - casinos and the amount of time that must be devoted to code amendments, staff recommends the extension of the existing moratorium for an additional six months. 4/21/99 C: \DEB \Casino\REPORT9.doc -3- . ISSUES #2 and #3 Should gambling be allowed in the City of Tukwila? If gambling is allowed, what types of gambling venues or activities will be permitted? There are a variety of gambling activities which are allowed in the State. These include amusement games, bingo, raffles, punch boards, pull -tabs and card rooms. While jurisdictions have the statutory authority to prohibit some or all of these activities, card rooms (and those card rooms advertised as mini - casinos) are the type of gambling activity most frequently prohibited by local governments. Some cities, such as Seattle, have banned card rooms and mini - casinos while allowing pull -tabs. Although Issue #2 is largely a policy question, the answer may be driven by the legal options available to the City. For example, if the courts find that cities do not have the ability to regulate mini - casinos via zoning or licensing, the Tukwila City Council may wish to ban them. More specifically, this means banning the gambling activity most commonly associated with mini - casinos (Le., house - banked social card games). However, the City may wish to allow other types of gambling to continue (such as pull tabs, punch cards, bingo, raffles and certain amusement devices). Policy Options There are at least three options available to the City: 1. Allow all types of gambling activities (including mini - casinos) in all areas where restaurants and taverns are permitted. 2. Impose a City-wide ban on mini - casinos. 3. Allow mini - casinos only in specific geographic areas of the City (i.e., the Tukwila Urban Center and /or portions of Interurban Avenue). Recommendation The legal questions regarding a local jurisdiction's ability to regulate mini - casinos via zoning and licensing will have to be resolved in the courts. At this time, we are recommending an extension of the current moratorium. However, if the legal situation is clarified in favor of local jurisdictions, staff recommends Option #3. In that event, the Tukwila Municipal Code should be amended to reference and define all permitted gambling activities. Additionally, a distinction should be made between gambling activities conducted by charities and those conducted by private enterprise. ISSUE #4 Where should these permitted gambling activities be located? Due to Tukwila's location on several regional corridors and its proximity to Seattle, we are viewed as a prime location for mini - casinos. Although Tukwila only has a population of 15,000, it currently has five operating casinos. By contrast, Seattle residents must travel to neighboring jurisdictions to gamble in a mini - casino because this type of venue is banned in their city. In an attempt to attract potential Seattle customers, the advertising campaigns for four of Tukwila's mini - casinos have been directed to a regional audience. Their advertisements are appearing regularly and with increasing frequency on television, in major Seattle newspapers and on signage in other jurisdictions. For these reasons, it can be argued that mini - casinos are a regional commercial use. 4/21/99 C: \DEB \Casino \REPORT9.doc -4- The land use impacts of mini - casinos are also regional in nature. By law, mini - casinos may operate 20 hours per day. The associated impacts of such regional commercial enterprises include increased conflicts between pedestrians and autos, increased parking demands of single occupancy vehicles and the potential for increases in noise and crime levels at a variety of times throughout the day. According to Tukwila's Police Department, it is still too early to reach a conclusion regarding local crime statistics such as crime reporting and calls for service. However, drawing more people into our community to gamble will bring ancillary crime. This may include increased incidents of DUI. The proliferation of mini - casinos will necessitate expanded response, inspection and monitoring by the Police Department, which will have budgetary implications. The legal questions regarding a local jurisdiction's ability to regulate mini - casinos via zoning will have to be resolved in the courts. At this time, we are recommending an extension of the current moratorium. However, if the legal situation is clarified in favor of local jurisdictions, the Council will need to consider the land use impacts associated with mini - casinos. These impacts will necessitate their placement in a manner that is complementary to existing and uses and that is in harmony with our Comprehensive Plan and zoning code. The following Goals and Policies from the Comprehensive Plan were considered by staff in making a recommendation: Goal 7.3 Overall Land Use Pattern Policy 7.3.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single - family and stable multi - family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries. Goal 8.3 Interurban Corridor Goal Policy 8.3.1 Develop the north section as an area of regional commercial or light industrial uses; the middle and south sections as a mix of residential, commercial or, in some areas, light industrial uses. Goal 8.2 Pacific Highway Corridor Goal Policy 8.2.3 Improve the street to encourage pedestrian and transit travel, and actively discourage additional lanes in order to protect and enhance the local commercial, residential and pedestrian character. Goal 10.1 Land Use Policy 10.1.1 Recognize the Tukwila Urban Center as a regional commercial /industrial and limited mixed use residential area, whose growth must be nurtured in a motor - vehicle oriented market environment with a balance of pedestrian and transit facilities. This future development area shall allow a market -driven transition in uses and intensities. Policy Options The following policy options are available: 1. Allow all types of gambling activities (including mini - casinos) in all areas where restaurants and taverns are permitted. 2. Impose a City-wide ban on mini - casinos. 4/21/99 C: \DEB \Casino\REPORT9.doc -5- z =z' wQ 2 JU UO co u� w: w= CO L w 0 LL ?. D. d. Z� I— O' Z F— CI 0- 0 I- wul . Z, U=. O ~' 3. Allow mini - casinos only in specific geographic areas of the City (Le., the Tukwila Urban Center and /or portions of Interurban Avenue). Recommendations As stated above, the legal questions regarding a local jurisdiction's ability to regulate mini - casinos via zoning will have to be resolved in the courts. For this reason, we are recommending an extension of the current moratorium at this time. However, if the legal situation is clarified in favor of local jurisdictions, staff recommends that mini - casinos be limited to the Tukwila Urban Center ( "TUC ") and those portions of Interurban Avenue zoned Regional Commercial Mixed Use ( "RCM ") or Commercial /Light Industrial ( "C /LI "). If the locations of mini - casinos are limited to the TUC and portions of Interurban, then other existing mini - casinos will become legally non - conforming. Staff recommends that any existing or proposed mini - casino located on Tukwila International Boulevard should be formally classified as a legally non - conforming use. The criteria associated with these suggested zoning and locational requirements will serve to limit the number of new mini - casinos in the City. Market forces will have an additional impact on the gambling industry at the micro level, contributing to the success or failure of these new venues and dictating the number that can reasonably survive in any given area. ISSUE #5 At what rate should Tukwila tax these activities? Prior to 1998, the majority of gambling tax revenues received by the City was from punch boards and pull - tabs. Since that time, the amount of gambling tax revenues from card rooms is steadily increasing. The City's gambling tax revenues over the past six years are shown below: Year Total Card Rooms Only 1998 $771,255 $414,160 1997 452,724 97,326 1996 334,746 N/A 1995 427,019 N/A 1994 471,202 N/A 1993 487,933 N/A Although the City has projected $700,000 in gambling tax revenues for 1999, the actuals to -date indicates that the projected total for 1999 will be closer to $1.4 million. According to the City's Finance Director, virtually all of the recent increases are due to mini - casinos. The City now taxes social card games at a rate of 10% of the house - banked gross revenues. The legal limit is 20 %. Currently, most cities are at the 10% rate. However, several have raised the rate beyond 10% such as Auburn (12 %), Kent (11 %), and Federal Way (20 %). Although there has been a substantial increase in Tukwila's gambling revenues, care should be given to utilize these revenues for Tong -term commitments such as 20 -year bond payments, new positions, or any similar long -range effort. There are too many potential issues which could erode this recent surge in revenues such as further changes by the legislature, a decline in gambling revenues due to proliferation of establishments, or other factors which will affect what this non - traditional revenue source might provide in the future. 4/21/99 C: \DEB \Casino \REPORT9.doc -6- Based on available research, Tukwila's Human Services Department concludes that we could "expect to see a greater demand on social services within the areas of financial assistance, mental health, emergency services and domestic violence." Over time, a greater demand for these services can be expected "should the City increase the accessibility and availability of gambling activities." Policy Options The Council may wish to consider the following options: 1. Take no action and retain the 10% gambling tax rate. 2. Increase the gambling tax rate to the maximum allowable by law (20 %). 3. Increase the gambling tax rate by half to 15 %. z i• 2 6 .J U 0O! CO CI: �w w =: J N U.: w 0;. In all cases, a portion of the revenues generated from mini - casinos should be targeted to human service • g = a, 1.- w. z _.. ��. Z 0 impacts (including treatment and prevention) at either a regional or local level. Recommendations Staff recommends that consideration of a tax rate change be deferred until the legal and policy issues are satisfactorily resolved. Additional tax revenues may be needed to support increased human services impacts, provide additional Police Officers and contribute to Capital Improvement projects for the areas affected by mini - casinos. NEXT STEP In in, 0 ofil —; :0 I-. w W` Staff can provide more specific regulations and code amendments that will accommodate and respond to z; the policy direction set by the Mayor and City Council. Depending upon the nature of any proposed code v cn amendments, public hearings and review by the Planning Commission may be required. 0 F . :z 4/21/99 C: \DEB \Casino\REPORT9.doc -7- 2nd QUARTER REPORT TO COUNCIL April 1 — June 30, 1999 For Review by Community & Parks Committee DEPARTMENT OF COMMUNITY DEVELOPMENT SIGNIFICANT ISSUES: Sound Transit issues continued as high priority items within DCD during the second quarter of 1999. Key activities included: • Sound Transit v Tukwila — Discussed settlement options with Sound Transit representatives. Directed and assisted outside legal counsel in preparation of preliminary submittals to Hearing Board. • Commuter Rail Station — Started formal review of Sound Transit application for an Unclassified Use Permit. • Continued to provide support to Mayor and City Council on a variety of Sound Transit issues. General development activity continues to be very strong, requiring diversion of some long -range planning and program development staff resources to current planning and permitting. More building inspections were conducted in June this year than during any single month since we started tracking this statistic in 1993. Total value of building activity permitted during the first half of 1999 was $44.7 million, compared to $24.5 million for the same period in 1998 and $13.8 million in 1997. Also during the second quarter of 1999 we had discussions with the City of Renton concerning joint planning needs for the area east and west of our common boundary south of 1 -405. We expect to pursue this planning need aggressively during the third and fourth quarter. BUDGET PROGRAM GOALS Administration 1.Adopt new Shoreline Management Master Program: Staff received grant for $17,000 under Coastal Zone Management (CZM) grant program administered by Department of Ecology. Funds will go towards development of Shoreline Inventory and Shoreline Design manual. Two interns currently working on parcel based inventory, to be merged with GIS.system. Staff currently preparing draft Shoreline Master Program, comprised of Shoreline Policies from Comp Plan, new Use Regulations and Design Manual. Draft will be reviewed first by a Shoreline Advisory Board (to be appointed) prior to submitting to Planning Commission and distributed for public comment. 2. Adopt new Design Review Guidelines: New landscaping standards were developed and adopted by the City Council. Next steps in developing new design review guidelines may be delayed somewhat due to development activity. 3. Implement the Sign Code Amortization Program: Staff completed database of affected businesses. Intern hired to assist with program. Approximately 1,500 letters to affected businesses informing them of ordinance and key points of sign code started June 15, continuing through July 31. Working with Code Enforcement to take action on illegal signs. Additional publications about ordinance and key dates published in Hazelnut, SWKCC and Hwy 99 newsletter. Web Site was launched on the City Home Page highlighting program, key dates, graphic examples of nonconforming signage and copies of applications. Staff started developing newsletter to all businesses on sign program, to be sent on quarterly basis. 4. Conduct annual review of Comprehensive Plan and Development Regulations: The City Council had a briefing and public meeting on three Comprehensive Plan amendments submitted for review during the 1999 cycle. The City Council denied a request from Ben Carol Motel for a change from NCC- Neighborhood Commercial Center to RC- Regional Commercial at 14110 Tukwila International Boulevard. Two "process" amendments -one to update Comprehensive Plan policies which deal with 1999 Second Quarter Report Page 2 processing amendments to the Plan, and one for possible Comprehensive Plan changes expected from preparing a new Shoreline Management Program —were sent forward for further review. 5. Begin five -vear review of the Comprehensive Plan (database, benchmarks, and policies): No activity for the second quarter. 6. Update Sensitive Area ordinance in response to the Endangered Species Act: At this point in time, it is too early to identify specific needs relative to the sensitive area ordinance (SAO). 7. Participate in the development of Sound Transit's Commuter Rail and Light Rail facilities: DCD continues to provide staff support for a variety of City initiatives related to Sound Transit. We continued to work with Sound Transit Staff and consultants to ensure that the Final EIS (due in September) accurately and fully discloses the impacts of all alternatives. We have begun the formal processing of an Unclassified Use Permit and design review for the proposed Commuter Rail Station at Longacres. We are currently reviewing an extensive list of potential "cost cutting" modifications to Sound Transit's "Locally Preferred Alternative" for impact in Tukwila. 8. Pursue Partners Funding for 99 Plan implementation: Some work has been done on a potential park in the Cascade View neighborhood area. 9. On -going development of the Commute Trip Reduction: Commute trip reduction activities included annual program review and site analysis for employers located in city limits as required by state mandate and local ordinance. 10. On -going management of the recycling program: We prepared and distributed a 1999 Business Recycling Guide to 1900 + businesses and proceeded with additional study of the 1998 recycling rate. We issued an RFP for consultants to assist Tukwila Businesses in recycling and waste prevention for the remainder of the year. Preparations are underway for the 6th Tukwila Community Yard Sale to be held 6/16 and 7/17. 11. Implement a mediated agreement with Seattle and King County concerning boundary: Assisted Mayor's office in negotiating a draft agreement apparently acceptable to all parties. Briefed City Council. Anticipate finalizing the agreement before the end of 1999. 12. Re -map all the sensitive areas and topographic features: No activity for the second quarter. Permit Coordination and Building 1. Study. determine and implement a system to allow mechanical permits for minor work to be issued "over the counter": Pending. No specific changes have been made in our procedures to date. Presently following results of a few other jurisdictions that are also working on this situation. The relatively new permit counter staff have made major strides in becoming familiar with code requirements and it is felt that we will be able to make further progress in expediting minor type permits as their expertise grows. 2. Study, determine and implement a system for issuing roof permits "over the counter": It has been determined that the issuance of commercial re -roof permits over the counter is something we really don't want to do at this time. It has not been a major problem area and because of energy code requirements and structural issues a plan review is normally necessary in order to ensure code compliance. Action completed. 3. Assist in the development of new and revised handouts used at the permit counter: Began reviewing the current applications and handouts for various permits issued by the Permit Center. Worked with the affected departments in creating revised applications /handouts, which in turn may trigger additional handouts for public use. 4. Continue training of all division personnel in the utilization of computers and anticipated new computer programs in the performance of their duties: Distributed information concerning computer training opportunities available through the City's "Core Training Program." Several DCD staff took advantage of these opportunities during the second quarter. Feedback has been mixed, however, training opportunities offered through CompUSA tended to be rated higher than others were. We are continuing to offer these training opportunities through DCD's training budget now that the Core Training budget has been exhausted. .............. .. .. z =w re 2 6 JU .0 0 0 vii w •- 1-- N u_ :Ili O g u. j. =w z� I- O Z • 0 •O 0 I- ww H 0, -O .. Z' U =' •O 1- z 1• 1999 Second Quarter Report Page 3 5. Continue cross training of inspectors and plan checkers to ensure complete coverage of division job responsibilities at all times: This is an ongoing goal but at this time can be considered complete. All Building Division employees are certified in all applicable categories. Because of daily personal contact, code discussions, and attendance at available training sessions and seminars they are capable of providing complete coverage under all normal circumstances. 6. Continue to provide building code field inspections within 24 hours from the time they are requested: This is an ongoing goal that we continue to meet, however, it is becoming more difficult. This is because of the large and more complex projects that keep coming into the City. For numerous reasons, the inspectors are spending more time on complex problems encountered in the field. 7. Work with the City legal counsel to develop procedures to facilitate the prompt solution to expired permits or delayed construction proiects: Progress has been made on this goal. The Permit Coordinator recently initiated a program to notify permit holders of upcoming and expired permits. This program has resulted in the clearing of numerous old permits and it is anticipated that future actions will be accomplished in a more timely manner than in the past. 8. Implement conversion from DOS -based automated permit management system to Windows -based system: The Permit Coordinator and one Planner attended the annual Sierra Conference to better understand the overall process in converting the City's permit system from the DOS version to the windows -based system. Continuing to work with I.S. division to ensure the upgrade of the hardware is complete prior to beginning of the software conversion process. Also working closely with Sierra technical support to begin the migration process. 9. Assume plumbing permit and inspection responsibility if evaluation determines benefits outweigh costs: We continue to monitor this situation. To date, our analysis indicates that costs to the City would exceed benefits. Number of permits applied for (Building & Mechanical) in 2nd Quarter: 182 Compared to 184 in 1s` Quarter Number of permits issued (Building & Mechanical) in 2"d Quarter: 174 Compared to 128 in 1st Quarter *Amount paid to Reid Middleton for structural review services from January 1999 through most recent billing date of June 11, 1999: $19,948.19. Planning Commission 1. Review 1999 Comprehensive Plan amendment proposals, and advise Mayor and Council: No activity second quarter. 2. Review Shoreline Master Plan: No activity second quarter. 3. Review Design Review Guidelines: No activity second quarter. 4. Review station area planning and other land use actions associated with Sound Transit projects: Application was submitted. Review process will begin during the third quarter. PARKS AND RECREATION DEPARTMENT SIGNIFICANT ISSUES In the second quarter of 1999, we are continuing with high weekend rentals for the Community Center. The Department implemented added security cameras and staff monitoring for the continued safety of all citizens using the Community Center. The Tukwila Pond Park's second observation deck was constructed. Volunteers continue to be organized by the city's Volunteer Coordinator for park cleaning projects and senior assistance programs. The Foster Golf Links Revised Six -Year Master Plan update was submitted to the Community and Parks Committee. 1999 Second Quarter Report Page 4 BUDGET PROGRAM GOALS Administration 1. Complete Six -Year Park & Open Space Plan: 50% complete. 2. Begin construction of park/golf maintenance shops: Plans and specs at 80 %. 3. Develop a marketing plan for citizens and businesses to use Tukwila Community Center: Completed. 4. Work with Tukwila School District to improve community use of outdoor facilities at Tukwila and Thorndyke Elementary Schools: Improvement plans agreed upon. 5. Continue involvement with RTA and Highway 99 projects to include art projects: On- going. 6. Continue to work to finalize recreation services plan: 50% complete. 7. Promote volunteerism: On -going - working with volunteer coordinator. 8. Complete carryover of five gateways: 4 of 5 carved. Recreation 1. Increase revenues by 10% ($45,000) over the 1998 estimates: 40% complete. 2. Increase adult tournament participation by 4 teams for basketball, volleyball and racquetball: Completed for volleyball and racquetball. 3. Implement pottery classes in Art Rooms A and B for daytime and evening programs: Classes offered. 4. Increase preschool programs and activities by 10% over the 1998 offerings: Completed. 5. Implement drop -in childcare activity for adult evening participants: Completed. 6. Provide a flag football league for youth and teens starting in the spring: May league canceled, will offer again in fall. 7. Develop a marketing plan for the Tukwila Community Center: Draft plan completed. 8. Plan and implement a computer lab for seniors and youth at the Tukwila Community Center through donations and volunteers: Completed. Parks Maintenance 1. Continue with the design and standardization of park/trail entrance signs: On- going. 2. Continue with the Parks Department Maintenance Management Plan by upgrading software and inputting data. adding new park/trail areas: Researching software /on- going. 3. With the addition of a 3/4 -time Utility 1 position in 1999, reassign the park/trail maintenance responsibilities of each staff member: Completed. 4. Install three historical markers in 1999, providing easements can be obtained: Not completed, need easements. 5. Build second viewing platform at Tukwila Pond Park: Completed. Golf Course Maintenance 1. Begin construction of parks & golf maintenance building: Plans are 80% completed. 2. Hire 3/ -time Utility( maintenance position: Position filled. 3. Build new 14th and 17th greens, new 17th tee, and rebuild 13th and 14th tees: No progress. Golf Course Pro Shop 1. Develop future restaurant concessionaire contract: No progress. Arts Commission 1. Purchase and install permanent art at a City location to be determined: Artist selected for totem pole sculpture at Fire Station #53. 2. Provide art expertise for all RTA rail station art projects in Tukwila: Art work design completed. 3. Provide additional Rainier Symphony children's performance at the Tukwila Community Center: Completed. z z� w i0 U O' co w 3 w0'. 2 gQ. =w z� O Z H: w U• O O I• —': ww t5 IL. 176 Z'. U U) H O 1- z 1999 Second Quarter Report Page 5 4. Submit and receive grant funding for a revised summer lunchtime music series: Grant received. 5. Submit and receive grant funding for a performing arts opportunity: Grant received. Performances will be in October & November. 6. Develop a work plan for the hotel /motel outdoor public art management: 50% complete. 7. Hold at least one joint meeting with the Park Commission: Fall meeting. Parks Commission 1. Advise Mayor and Council on golf greens fees and future clubhouse proiect: Not ready for review. 2. Evaluate Tukwila Days events: Will occur in late July. 3. Review Six -year Park & Open Space Plan draft and make recommendation: Not ready for review. 4. Tour park, golf, and recreation facilities at least once each year: Summer meeting. 5. Hold at least one ioint meeting with the Arts Commission: Fall meeting. 6. Advise staff, Council and Mayor on policies and recommendations concerning the new Park and Open Space Six -Year Plan: Plan at 50 %; not ready for review. 7. Assist with evaluating and making recommendations to improve the Tukwila Days events: On- going. 2ndqtr99.DOC City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, MARCH 15, 1999, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: ORDINANCE NO. 1867 ESTABLISHING A SIX -MONTH MORA- TORIUM ON THE FILING OF BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD AND DRINK ESTABLISH- MENTS CONDUCTING GAMBLING ACTIVITIES. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5 PM ON MONDAY, MARCH 15, 1999. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). DATED THIS DAY OF ,1999. CITY OF TUKWILA JANE E. CANTU, CMC CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, MARCH 5,1999 City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, MARCH 15, 1999, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: ORDINANCE NO. 1867 ESTABLISHING A SIX -MONTH MORA- TORIUM ON THE FILING OF BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD AND DRINK ESTABLISH- MENTS CONDUCTING GAMBLING ACTIVITIES. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5 PM ON MONDAY; MARCH 15, 1999. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). DATED THIS 4-1 DAY OFak ,1999. CITY OF TUKWILA . � A' A__ • JANE E. CANTU, CMC CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, MARCH 5,1999 z • • re 2 6 JU U0 W =. J N LL w0 < fa.0 w zF zo 0 N. 0 0 I-- =U . Z U =: Off' z CITY OF TUKWILA OFFICE OF THE CITY CLERK 6200 Southcenter Blvd. Tukwila, WA 98188 IN RE: PUBLIC HEARING NOTICE DATED MARCH 4,1999 AFFIDAVIT OF MAILING I, Robert H. Baker, CMC, Deputy City Clerk, in and for the Cityof Tukwila, hereby affirm under the penalties of perjury, under the laws of the State of Washington, that on Thursday, March 4, 1999, I deposited the following documents: ONE PUBLIC NOTICE (copy hereby attached) into the U.S. Mail, postage prepaid, first lass, addressed to the following persons: 1. Mike McCarthy, Manager, Silver Dollar, 14027 Interurban Ave. So., Tukwila, WA 98168 -4722; 2. Timothy Iszley, President, Silver Dollar, 14027 Interurban Ave. So., Tukwila, WA 98168 -4722; 3. Keith Vormsberg, President, Golden Nugget, 14025 Interurban Ave. So. Tukwila, WA 98168 -4722; 4. Steven B. Down, President, Riverside Inn, 14060 Interurban Ave. So., Tukwila, WA 98168 -4723; 5. Greg Bakamis, Manager, Riverside Inn, 14060 Interurban Ave. So., Tukwila, WA 98168 -4723; 6. LilyHsue, President, 21 Club, 14101 Pacific Highway South, Tukwila, WA 98168 -4122; and 7. Ron Stanger, Owner, Non Stop Bar & Grill, 12606 Pacific Highway South, Tukwila, WA 98168 -2551. Affidavit of Mailing -1 ii'. Robert H. Baker, CMC, Deputy City Clerk City of Tukwila Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Z • _ Z ~w ter. .0 O' (o w ter. • 6 . • lLQ' =a • • I- w. 2 Z_I- • I— Z H: w w+ 2 np • :Q I- w. U; .LLB` Iii • U =' Z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMO TO: Mayor Rants FROM: Steve Lancaster DATE: March 10, 1999 RE: Public Hearing on Ordinance 1867 (Moratorium on Filing of Business Licenses and Development Permits for Food and Drink Establishments Conducting Gambling Activities) On February 1, 1999, the Council adopted the above - referenced ordinance (attached) which will expire on August 1, 1999. A public hearing (which is required within sixty days of the adoption of the moratorium) will be held in Council Chambers on Monday, March 15, 1999. Background Historically, cardrooms were considered to be an accessory use to restaurants and taverns and were regulated as such in Tukwila and other jurisdictions. However, due to a recent change in State gambling laws, these cardrooms are evolving into "mini- casinos" where gambling appears to be the principal use. Tukwila's zoning code does not address this new type of gambling venue. Reasons for Moratorium The purpose of the six -month moratorium is to provide an opportunity to review and research gambling - related issues, to consider code amendments and to hold a public hearing. Due to the manner in which the State gambling law was written, there are questions about the ability of local jurisdictions to regulate mini - casinos, either through zoning or local taxes. In response, Staff has formed an interdepartmental team to research a variety of mini - casino impacts, to network with peer groups in neighboring jurisdictions and to obtain input from the operators of the five mini - casinos located in Tukwila. A team report is being prepared to provide a variety of policy options to the City Council and Administration. We anticipate that the report will contain suggested code amendments pertaining to such areas as zoning and land use, licensing and taxes. Next Step At the conclusion of the public hearing on March 15th, the Council may wish to consider amendments or modifications to the existing moratorium, or simply take no action at this time (in which case the moratorium will continue "as is" through July, 1999). 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431 -3665 z w O. U 0. w=: J In U.' wO J. u. Q. (o H =. z� I-0 zI UJ al; D O: U.1 w` ui U — 0 z From: Jane Cantu To: Deborah Ritter Date: 3/1/99 10:37am Subject: Re: Public Hearing on 3/15 re moratorium Deb, The City Clerk's office does not usually send out independent notices for public hearings. All public hearings are published in the Seattle Times, faxed to numerous locations, i.e., community center, libraries in City, Chamber of Commerce, Tukwila schools. In the past any specific mailings have been handled by DCD or PW (depending on the issue). In this case, I will send out a copy of the actual public hearing announcement to the 5 casinos. Will this work for you? »> Deborah Ritter 02/26/9912:40PM »> When you send out notice regarding the Council's hearing on the gambling moratorium, would you send notices to the 5 casinos in Tukwila. Here are the names and addresses: Riverside Inn at 14060 Interurban Avenue South Golden Nuggen at 14025 Interurban Avenue South Silver Dollar at 14027 Interurban Avenue South 21 Club at 14101 Pacific Highway South Non Stop Bar & Grill at 12606 Pacific Highway South Thanks! If you have questions, concerns Jack asked that you contact him at extension 1686. u U 0' U; U) W W =; w0 D u. ° I— W I- O; Z 2 D' gyp; W; F=- U; ...tI.LZ. 0 +4254307300 RENTON DEV SVCS /PLAN STATE OF WASHINGTON GAMBLING COMMISSION P.O. Box 42400 • Olympia, Washington 98504 -2400 • (360) 438 -7654 • TDD (36'0) 438 -7638 • FAX (360) 438 -8652 February 9, 1999 996 P02 FEB 22 '99 14:34 Michael Katterman City of Renton 1055 South Grady Way Renton, Washington 98055 RE: PENDING REQUESTS FOR MINI CASINOS IN RENTON Dear Mr. Katterman: 1 T' _� l 1 i FEB 1 7 1999 ECCNOArC Q=:!E' OPMENT, Am ..:llNc We spoke -a few weeks ago about the City of Renton's request that the Gambling Commission not grant pending "applications" to offer house banked games to Diamond Lil's and Schumsky's All City. Diner. The law allowing card rooms to bank their games was passed in 1997 and the Gambling Commission has been approving businesses for this under a "pilot study." "Under the pilot study, which will end June 30, businesses, which are already licensed to operate card rooms, enter into contracts with the Commission to offer house banked games. There is not an "application" and the business does not receive another "license." After July 1, when the study is complete, any business operating house banked games will receive a new Class F license. As we discussed, a local jurisdiction's ability to "zone" a particular type of gambling business out of some areas, but not all areas, is not clear% it also is not.clear whether local jurisdictions can allow gambling non - conforming uses or whether moratoriums on new gambling, which a few jurisdictions have adopted, are - permissible. Although we cannot give legal advice, a few statutes in the Gambling Act address local jurisdictions' authority in these areas. For example, RCW 9.46.285 states that the Gambling Act "constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except to the power and duties of any city, town, city - county, or county which are specifically set forth in this• chapter." In addition, RCW 9.46.295 states that local jurisdictions: "may absolutely prohibit gambling activities, but may not change -the scope of license,. any or all of the gambling activities for which the license was issued." Furthermore, RCW 9.46.070(2) provides that the Gambling Commission cannot "deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued." The Gambling Commission has not taken a formal position on these issues, but we expect that they will likely be litigated by licensees and local jurisdictions i1, ' Michael Katterman, City of Renton February 9, 1999 -Page 2 +4254307300 RENTON DEU SUCS /PLAN 996 P03 FEB 22 '99 14:34 in the coming months. We have also requested-an opinion from our Assistant Attorney General on these issues. In the meantime, we are happy to work with the local jurisdictions and let them know which card rooms are scheduled for approval for house banking. Diamond Lil's is scheduled for approval to offer house banked card games at the Commission meeting this week, on Thursday, February 11. The meeting will be at Cavanaugh's at Capitol Lake (formerly Holiday Inn Select and the Westwater Inn), 2300 Evergreen Park Drive in Olympia, phone number (360) 943 -4000. The meeting will begin at 1:30 p.m. If Diamond Lil's is approved, they would- be able to begin offering house banked games as soon as the contract is "signed, which usually occurs the same day. Schumsky's AN City Diner has also requested to offer house banked games, but probably will not be approved until after July 1, assuming that they meet all of the requirements for such games. I hope this information is helpful. If you have any`questions, please contact me at (360) 438 -7654, extension. 307. Sincerely, e t Ed Fleisher Deputy Director of Policy and Government Affairs Cc: The Honorable Jesse Tanner, Mayor • z Iz o:2 ua1�� -J C-) 00 W =: ~: N Li. w 0 g L w. z� 0 Z 0: 0- 0 ww F 0 II Z`: ui NI U= 0 z 1. MAR -11 -1999 16 08 C I TYOFREDMONDPERM I TCEN 1 EH Christine O. Gregoire ATTORNEY GENERAL OF WASHINGTON 1125 Washington Street SE • PO Box 40100 • Olympia WA 98504-0100 MEMORANDUM P.02 March 8, 1999 TO: • BEN BISHOP, Director, Washington State Gambling Commission FROM: JONATHAN T.. McCOY, Assistant Attorney General SUBJECT: Authority of Local Jurisdictions to Regulate Gambling Commission Licensed Activities This memo is provided as a .response to advice regarding local jurisdictions who have taken various actions affecting Licensees of the Gambling Commission; specifically, card room licensees who are seeking to operate house - banked card games. ISSUE PRESENTED Summary of proposed activity: Several local jurisdictions including both municipalities and counties have enacted ordinances or taken interim measures which• are directed at controlling location of "mini- casinos' within their jurisdictions. I have been asked to analyze their authority in light of RCW 9.46285 which gives the Gambling Commission exclusive authority for the licensing and regulation of any gambling activity. - BRIEF RESPONSE Pursuant to RCW .9.46.285 the Gambling Commission has exclusive .authority to license and regulate gambling activities authorized under the Gambling Act. This provision specifically preempts any local jurisdiction's authority to do so, except as specifically outlined in- the Act. Nevertheless; local jurisdictions may take actions that affect licensed activities but do not directly conflict with the provisions of the Act and the Gambling .Commission's specific authority. It is therefore necessary to 'address the specific actions taken by a jurisdiction and determine whether they conflict with this Licensing and regulatory function. To the extent that they conflict,-they are preempted by state law. To the extent that they do not conflict; they are authorized. :. APPLICABLE LAW AND DEFINITIONS Article XI, section 11 of the Washington Constitution provides that "[a]ny county, city, town or township may make and enforce within its limits all such Local police, sanitary and other regulations as are not in conflict with general laws." MAR -11 -1999 16 08 CITYOFREDMONDPERMITCENTER P.03 ATTORNEY GENERAL OF WASHINGTON Authority of Local Jurisdictions to Regulate Gambling Commission. Licensed Activities March 8, 1999 Page 2 RCW 9.46.285 entitled, Licensing and regulation authority, exclusive, provides: This chapter constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city- county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative' act by any city, town, city - county, or county relating to gambling in existence on September 27, 1973 shall be as of that date null and void and of no effect Any such city, town, city - county, or county may thereafter enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission. • RCW 9.46.295 feather provides that 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 rmincorporated 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 c..hange the scope of license, any or all of the gambling activities for which the license was issued. ANALYSIS As a general rule, "[mjunicipal police power is as extensive as that of the legislature, so long as the subject matter is local and the regulation does not conflict with general laws. ...*The scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people." Covell v. City of Seattle, 127 Wn.2d 874, 878, 905 P.2d 324 (1995) quoting Hillis Homes, Inc. v. Snohomish County, 97 Wn.2d 804, 808, 650 P.2d 193 (1982) (itself quoting State v. City of Seattle, 94 Wn.2d 162, 165, 615 P.2d 461 (1980)). Nonetheless, "Article XI, section 11 requires a local law yield to a state statute on the same subject matter- if that statute `preempts the field, leaving no room for concurrent jurisdiction,' or `if a conflict exists such that the two cannot beiharmonized.' Weden v. San Juan County, 135 Wn.2d 678,.691, 958 P.2d 273 (1998); Brown v. City of Yakima, 116 Wn.2d 556, 559, 561, 807 P2d 353 (1991). RCWs 9.46.285 and .295 constitute "general laws" under the provisions of Article XI, section 11 of the Washington Constitution. Moreover, pursuant to the explicit terms of RCW 9.46.285 "the state preempts such licensing and regulatory functions" except those specifically reserved elsewhere in the chapter. .Therefore any action which directly conflicts with that authority is "null and void" in accordance with RCW 9.46.285. , MAR -11 -1999 16:09 CITYOFREDMONDPERMITCENTER ATTORNEY GENERAL OF WASHINGTON F.04 Authority of Local Jurisdictions to Regulate Gambling Commission Licensed Activities March 8, 1999 Page3 But the Supreme Court has generally been solicitous of local jurisdictional authority and "An ordinance must yield to state law only `if a conflict exists such that- the two cannot • be harmonized.'" Brown, 116 Wnid at 561; accord City of Bellingham v. Schanipera, 57 Wn,2d 106, 111, 356 P.2d 292, 92 A.L.R2D 192 (1960). "'In determining whether an ordinance is in 'conflict with general laws, the test is whether the ordinance permits or licenses that which the statute forbids and prohibits, and vice versa. Judged by such a-test, an ordinance is in conflict if it forbids that which the statute • permits(.1" Weden, 135 - Wn.2d at 693 (citations omitted); Schamper 57 Wn.2d at 111. Following this analysis, it is necessary to determine, looking at the specific provisions of the local-ordinance, whether the ordinance "forbids that which the statute, permits ". In this case, whether the local ordinance seeks t� prohibit an activity which is within the purview of the Gambling Commission to license and regulate. If it does, the ordinance cannot affect . the licensed activity; if it does not, the local ordinance is authorized. The ordinances have taken several different forms, so I. will not address them . all individually, but I can address them generally as they apply to gambling activities licensed by the Commission. The action of the ordinances fall roughly into five categories: Licensing of card rooms; moratoria prohibiting new licenses; moratoria' on new activities; zoning against gambling activities in certain areas; and zoning against activities which support a gambling activity. 1. Licensing of Card Rooms Several jurisdictions have taken the unusual step of requiring food and drink establishments who would otherwise .qualify to conduct "commercial stimulant', activities to obtain special licenses from the jurisdiction in order to conduct card' room activities. This procedure is clearly prohibited. By its terms, RCW 9.46.285 specifically provides "the exclusive Legislative _authority for the licensing and regulation of any gambling activity" and further explicitly prompts "any city, town, city - county, or county" from 'attempting such licensing. In such a case, the Gambling Commission has no obligation to consider the effect of the local jurisdiction's effort which is void ab initio. "Municipalities are constitutionally vested with the authority to enact ordinances in furtherance of the public health, safety, morals, and welfare. However, the plenary police power in 'regulatory matters accorded municipalities by Coast Art. 11, §11, ceases when the state enants a general law upon the particular subject, unless there is room for concurrent jurisdiction," Baker v. Snohomish County - Planning, 68. Wn_ App. 581, 585, 841 P.2d 1321 (1992); Lenci v. Seattle, 63 Wn.2d 664, 669, 388 P.2d 926 (1964). In this case there is clearly no room for concurrent jurisdiction. JY MAR -11 -1999 16 10 CITYOFREDMONDPERMITCENTER ATTORNEY GENERAL OF WASHINGTON P.05 Authority of Local Jurisdictions to Regulate Gambling Commission Licensed Activities March 8, 1999 Page 4 2. Moratoria prohibiting new licenses In this case, the answer turns on whether the licensed activities already exist within the jurisdiction. If there are not currently licensed activities which are operating within the local jurisdiction, such an ordinance would not appear to be in conflict with RCW 9.46.295. RCW authorizes local' jurisdictions to "absolutely prohibit" any or all gambling activities. It does not specify what form such prohibition may take, except that it may not "change the scope of' license. • if, . on the other hand, existing licenses have been issued, the question is more nuanced: If the moratorium prohibits all of a particular licensed activity, including existing licenses (e.g. all public card rooms), it would appear to.comportzwith RCW 9.46.295 which by its terms seems to authorize prohibition' even after licenses have been granted (although there may be other issues which arise under such an interpretation which are beyond the scope of this Memorandum). If ' • the moratorium only prohibits new licenses, however; it'would seem to conflict with the statute, since the local jurisdiction does not have authority to determine which licensees -are qualified.. 3. Moratoria on new activities Some ordinances seek to prohibit only `mini- casinos" but not card rooms generally. An ordinance in such a form would directly conflict with the-existing statute and thus be prohibited. Under RCW 9.46.295 a local jurisdiction, may prohibit a "gambling activity" but it may not change the scope of a license. As the Gambling Act is currently drafted, house - banked card games are an authorized form of "social card game" which may be played in public card rooms. "Social card games" are the authorized activity, and the statute does not distinguish' between,. house - banked and non - house - banked games in this authorization. Any effort to distinguish between forms of card games that could be played in an. otherwise authorized card room would . be regulatory-in nature, and directly conflict with the Gambling Commission's authority. 4. Zoning against gambling activities in certain areas Some ordinances prohibit gambling activities in certain areas under the local jurisdiction's zoning authority. This is perhaps the most problematic approach. Nonetheless, I believe that such an approach does conflict with the Gambling Act. RCW 9.46.295 specifies that "Any license to engage in any of the gambling activities authorized by this chapter shall be legal authority to engage in the gambling activities for which issued." Under RCW 9.46.285, only the Gambling Commission has the authority to grant such licenses. Other provisions of the Act authorize specific activities to qualified licensees, such as RCW 9.46.0325 which authorizes activities by any business "primarily engaged in the selling of food or drink for consumption on the premises ": ' So long as the underlying activity is authorized by local ordinance or zoning code, it is beyond the purview of the local jurisdiction to determine whether they may also engage in gambling activities on that premises as it would be "an ordinance [that]. forbids that MAR -11 -1999 16:10 - CITYOFREDMONDPERMITCENTER • ATTORNEY GENERAL OF WASHINGTON • Authority of Local Jurisdictions to Regulate Gambling Commission Licensed Activities March 8, 1999 Page 5 P.06 which the statute permits[.]" It. is solely within the Gambling Commission's authority to make that determination. 5. Zoning against activities which support a gambling activity Some ordinances prohibit, primarily through zoning, certain underlying activities that, if authorized, would support gambling operations. For example, a local jurisdiction..may prohibit alcoholic sales within a certain distance from a school or church. • Such an ordinance would not, of itself, conflict with the Gambling Act, since the local jurisdiction was not directly, prohibiting or authorizing . the gambling activity, or limiting the scope of a license. Generally speaking, therefore, a local jurisdiction would have authority to engage in that sort of zoning activity. (It would still be necessary for the local jurisdiction to meet the other requirements • for such an • ordinance, i.e., that the statute' ..must promote the health, safety, peace, education, or welfare of the people and bear some reasonable relationship to accomplishing the purpose underlying the. statute. Weden., supra at 700.) So long as the ordinance was valid on its face, the Gambling Commission would be bound by its terms. I hope that this analysis is helpful in your deliberation on these matters. While this Memorandum does not represent the official view of the .Attorney General's Office, it does represent my views as your assigned Assistant Attorney General, and is provided for your use as you see fit JONATHAN T. McCOY, Assistant Attorney General TOTAL P.06 z a z. •J U' U O; w 0• W I• -1 1...; `) -J U. z� •zo, ut O� :CI I- w w: ..1--:. U- F- ' O: • ui z • U 0 z City of Tukwila John W. Rants, Mayor Department of Community Development TO: Mayor Rants 4g1L-.- FROM: Steve Lancaster DATE: January 27, 1999 MEMO RE: Proposal for Moratorium on Filing of Business Licenses and Development Permits for Food and Drink Establishments Conducting Gambling Activities Steve Lancaster, Director At the Council's direction, staff has prepared a draft ordinance which would establish the above - referenced moratorium. A copy of the ordinance is attached for your review. As proposed, the moratorium would last 6 months and would provide an opportunity to review and research gambling - related issues, to consider code amendments and to hold a public hearing. Background Prior to 1997, State law (as well as the City of Tukwila) allowed social card games in taverns and restaurants which primarily engage in the sale of food and drink. In 1997, the State Legislature modified the definition of social card games to include gambling. The law was altered in an effort to help cardrooms compete with tribal casinos, allowing house - banked social card games with professional dealers and bets up to $100. The law also increased the maximum number of tables per establishment from 5 to 15. Since that time, 30 mini - casinos have opened statewide with 83 more wafting for permits. In King County, 10 have opened and 27 are seeking permits. As of August, 1998, the State Gambling Commission approved two mini - casinos in the City of Tukwila: the Riverside Inn and the Silver Dollar. During their January, 1999 meeting, the Gambling Commission approved The Golden Nugget and 21 Club. Staff has teamed that at least three additional casinos are being contemplated in the City of Tukwila. Although Tukwila has allowed some gambling activities in the past (such as social card games, punch boards and pull tabs) these activities are not referenced in the list of permitted uses under the City's Zoning Code. At that time, these gambling activities were considered to be "customarily appurtenant" to taverns, billiard or pool rooms. As stated above, the definition of "social card game" has since been revised and the venues for such activities are now increasingly known as "casinos" or "mini- casinos" (also absent from the City's permitted uses list). Potential Action: In Tight of the recent increase in the number and size of gambling venues, and the City's lack of regulations specifically addressing them and their location, the City Council may wish to consider placing a moratorium on both the expansion of existing gambling venues and the establishment of new gambling venues. Next Step: If a moratorium is adopted, a public hearing must be held no later than 60 days after the date of its adoption. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 - z t— w' Jo, U0 CO wi w 0. LL <. w a. =w z� o z F. LU uj Uo co uf .o H LL O` Z w U =_ O ~: z . . . .