HomeMy WebLinkAboutCOW 2011-08-08 Item 3C - Ordinance - Zoning and Taxation of Gamibling Uses / Social Card RoomsCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mayor r view
08/08/11 JP
ITEM INFORMATION
CAS NUMBER: 11-078 STAFF SPONSOR: JACK PACE
AGENDA ITEM TITLE Zoning and Taxation of Gambling Uses
Council review
ITEM NO.
3.C.
ORIGINAL AGENDA DA 'TE: 8/8/11
CATEGORY ®Discussion F Motion Resolution ❑Ordinance ❑BidAzvard Public Hearin Otber
Mtg Date 818111 Alt Date Nltg Date Mtg Date Mtg Date Mtg Date Mt
g Date
SPONSOR Council Mayor HR ®DCD Finance Fire IT P &R Police PAW
SPONSOR'S Ordinance 2323 required all commercial social card rooms to cease operation by January 1,
SUMMtkRY 2016. The Community Affairs and Parks Committee (CAP) was asked to revisit this
decision through a petition presented on July 11, 2011. The Committee asked staff to draft
land use regulations and standards for social card rooms and proceed directly to the
Committee of the Whole. The ordinance also increases the tax rate for social card rooms
from 10% to 11
REVII3WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEB Forward Issue to Committee of the Whole
COST IMPACT FUND SOURCE
ExPENDITuiu REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$2.1 $0
Fund Source:
Comments: Retains the existing revenue stream from gaming uses and increases it by $210,000.
MTG. DATE j
8/8/11 1
RECORD OF COUNCIL ACTION
I MTG. DATE I ATTACHMENTS
8/8/11 Informational Memorandum dated 8/2/11
Ordinance in draft form
Map of Gambling Eligible Zones
Minutes from the Community Affairs and Parks Committee meeting of 7/1/11
335
336
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Council Committee of the Whole
FROM: Jack Pace, Community Development Director
DATE: August 2, 2011
SUBJECT: Zoning and Tax Rate for Social Card Rooms
ISSUE
Should Ordinance 2323 be repealed and replaced with an ordinance that allows social card
rooms in specific locations? Should the tax rate for this type of gaming be increased from 10 to
11 percent?
BACKGROUND
In June of 2000 the Council passed Ordinance 1917 establishing TMC Chapter 4.10 which
identified the five vested mini casinos in the City. These regulations allowed them to continue
operation at their current sites indefinitely but prohibited them from moving and limited their
ability to expand. With the adoption of Ordinance 2323 all of these commercial social card
rooms were required to cease operation by January 1, 2016.
The Community Affairs and Parks Committee (CAP) has been requested to revisit this decision
through a petition signed by 367 Tukwila residents. This petition was presented to the CAP on
July 11, 2011. The Committee asked staff to draft proposed land use regulations and standards
for social card rooms and proceed directly to the Committee of the Whole.
The Council considered raising the tax rate on social card games from 10 percent to 15 percent
earlier this year but did not make a change.
DISCUSSION
At the request of Council staff has drafted an ordinance that would repeal a portion of Ordinance
2323 and replace it with Zoning Code regulations limiting commercial social card rooms to areas
along Interurban Avenue South and Southcenter Boulevard. The attached draft ordinance
includes a definition of gambling uses which excludes such activities as raffles, bingo and pull
tabs per State law. Card rooms would only be allowed in the Office, Regional Commercial Mixed
Use and Commercial /Light Industrial Zones within the areas specified. Staff's research found
little documentation about the parking needs of card rooms so the standard proposed is a
minimum of that required for restaurants with additional spaces required at the DCD Director's
discretion based on project specific studies.
RCW 9.46.110 (3) (f) allows the gross revenue from social card games to be taxed at a
maximum rate of twenty percent. The City has had a 10 percent tax rate on such games for 35
years. In light of current budget constraints the Council may wish to reconsider the tax rate
applied to these uses.
WA2011 Info Memos \Social Card Rooms8- 8- 1 1.doc 1 08/03/2011
337
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to review and discuss the draft ordinance. If the Council wishes to
proceed with the zoning change the next step would be to forward the ordinance to the Planning
Commission for a public hearing and recommendation. If Council forwards the ordinance at the
August 8, 2011 Committee of the Whole, the item could be heard at the Planning Commission's
August 25, 2011 meeting. Otherwise due to noticing requirements, the earliest date would be
the September 22, 2011 Planning Commission meeting.
The tax rate increase does not require Planning Commission review. It is currently included in
the same ordinance as the zoning changes, and the Council could wait to act until a
recommendation on those has returned from the Planning Commission. If the Council wished to
act more quickly on the tax increase it could be pulled into a separate ordinance.
ATTACHMENTS
Ordinance in draft form
Map of Gambling Eligible Zones
Minutes from the Community Affairs and Parks Committee Meeting of 7/11/11
WA2011 Info Memos \SocialCardRooms8- 8- 1 1.doc 2 08/04/2011
338
�s
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING GAMBLING USE ZONING, SPECIFICALLY
ADOPTING A NEW DEFINITION, "GAMBLING USES;" AMENDING
VARIOUS ORDINANCES RELATING TO PERMITTED USES IN THE
OFFICE DISTRICT, REGIONAL COMMERCIAL MIXED -USE DISTRICT
AND COMMERCIAL /LIGHT INDUSTRIAL DISTRICT, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTIONS 18.18.020, 18.26.020 AND
18.30.020 RESPECTIVELY; AMENDING TMC SECTION 3.08.030 TO
INCREASE BY 1% THE TAX ON CERTAIN GAMBLING ACTIVITIES;
REPEALING ORDINANCE NO. 2323 §2, AS CODIFIED AT TMC CHAPTER
5.20, "CERTAIN GAMBLING ACTIVITIES PROHIBITED PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, on February 22, 2011, the Tukwila City Council passed Ordinance No.
2323, which allowed social card rooms citywide until December 31, 2015, after which
social card rooms conducted as a commercial stimulant would thereafter be prohibited
effective January 1, 2016; and
WHEREAS, the social card rooms operating in Tukwila generate significant
gambling tax revenues for the City, and
WHEREAS, the City Council now desires to allow gambling uses in limited areas
along Interurban Avenue between the boundaries of Interstate 5 to the northwest and
the Green River to the southeast and along Southcenter Boulevard between the
boundaries of Macadam Road South to the west and the Green River to the east and
provide for development standards for such uses by amending the Zoning Code relating
to the affected zones; and
WHEREAS, pursuant to the City Council's power to tax certain activities for
revenue purposes as set forth in RCW 9.46.110, the City Council now desires to
increase by 1% the tax levied on any public card room operated as a commercial
stimulant by amending TMC Section 3.08.030.A.5; and
WHEREAS, the City Council further desires to repeal Ordinance No. 2323 §2;
W: Word Process ing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs
Page 1 of 12
339
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 18.06.343 Adopted. TMC Section 18.06.343, "Gambling
Uses," is hereby established to read as follows:
18.06.343 Gamblina Uses
"Gamblina use" means one of those aamblinq activities requlated by the State which
involve stakina or riskinq something of value upon the outcome of a contest of chance
or a future continaent event not under the person's control or influence, upon an
aareement or understanding that the person or someone else will receive somethina of
value in the event of a certain outcome. Gamblina uses include those uses requlated
by the Washington State Horse Racina Commission and the Washinaton State
Gamblina Commission with the following exceptions as these uses are defined in
Chapter 9.46 RCW:
1. Punch boards and pull tabs
2. Binqo and ioint bingo qames operated by bona fide not for profit
organizations
3.
Commercial amusement aames
4.
Raffles
5.
Fundraisinq events
6.
Business promotional contests of chance
7.
Sports pools and turkev shoots
8.
Golfinq and bowling sweepstakes
9.
Dice or coin games for music. food, or beveraaes
10.
Fishinq derbies
11.
Bona fide business transactions
12.
Activities requlated by the State Lottery Commission
13.
Social card rooms operated by bona fide charitable
oraanizations pursuant to RCW 9.46.0351.
or not for profit
Section 2. TMC Section 18.18.020 Amended. Ordinance Nos. 2287 §9, 2251
§23, 2097 §11, 1986 §6, 1976 §31, 1971 §8, 1830 §8, 1814 §2 (part), and 1758 §1
(part), as codified at TMC Section 18.18.020, "Permitted Uses," are hereby amended to
read as follows:
18.18.020 Permitted Uses
The following uses are permitted outright within the Office District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Beauty or barber shops.
2. Bicycle repair shops.
3. Brew pubs.
4. Computer software development and similar uses.
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs
Page 2 of 12
I
5. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Day care centers.
8. Dwelling One detached single family dwelling per existing lot.
9. Financial, banking, mortgage, other services.
10. Fraternal organizations.
11. Gambling use, only permitted along Southcenter Boulevard between the
boundaries of Macadam Road South to the west and the Green River Bridge to the
east.
14 Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
12-3. Libraries, museums or art galleries (public).
16 Medical and dental laboratories.
14 Offices, including:
a. medical
b. dental
c. government, excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
166. Outpatient, inpatient, and emergency medical and dental commercial
services.
16 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
17 Recreation facilities (commercial indoor), athletic or health clubs.
16 Religious facility with an assembly area less than 750 square feet.
49 Restaurants, including cocktail lounges in conjunction with a
restaurant.
29 Retail sales, as part of a planned mixed -use development where at
least 50% of gross leasable floor area development is for office use; no auto oriented
retail sales (e.g., drive -ins, service stations).
24- Schools and studios for education or self improvement.
22- Shelters.
2 -3 Studios art, photography, music, voice and dance.
24 Telephone exchanges.
26 Other uses not specifically listed in this title, which the Director determines
to be:
a. similar in nature to and compatible with other uses permitted outright
within this district, and
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs
Page 3 of 12
341
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 3. TMC Section 18.26.020 Amended. Ordinance Nos. 2287 §15, 2251
§35, 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2, and 1758 §1 (part), as codified
at TMC Section 18.26.020, "Permitted Uses," are hereby amended to read as follows:
18.26.020 Permitted Uses
The following uses are permitted outright within the Regional Commercial Mixed Use
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding, access
to an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards.
These businesses may manufacture, process, assemble and /or package foods,
including but not limited to baked goods, beverages, candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods, and meats (no
slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Day care centers.
17. Dwelling Multi- family units above office and retail uses.
18. Extended -stay hotel /motel.
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 4 of 12
342
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Gamblina use, only permitted alona Interurban Avenue between the
boundaries of Interstate 5 to the northwest and the Green River Bridae to the southeast
and alona Southcenter Boulevard between the boundaries of Macadam Road South to
the west and the Green River Bridae to the east.
2 Greenhouses or nurseries (commercial).
2 Hotels.
2 Industries involved with etching, film processing, lithography, printing,
and publishing.
2 Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
2 Libraries, museums or art galleries (public).
2 Manufacturing, processing and /or packaging pharmaceuticals and
related products, such as cosmetics and drugs.
3029. Manufacturing, processing, and /or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
3 Manufacturing, processing, assembling, packaging and /or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
3 Medical and dental laboratories.
32 Mortician and funeral homes.
3 Motels.
3 Offices, including:
a. medical
b. dental
c. government, excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
368. Outpatient, inpatient, and emergency medical and dental.
3 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
387. Planned shopping center (mall).
396. Plumbing shops (no tin work or outside storage).
40 3-9. Recreation facilities (commercial indoor), athletic or health clubs.
410. Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
424. Religious facility with an assembly area less than 750 square feet.
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 5 of 12
343
4 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and
certain trucks).
4 Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
4 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
4 Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
4 Schools and studios for education or self improvement.
4 Self- storage facilities.
4 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this
title.
5040. Studios art, photography, music, voice and dance.
5 Taverns, nightclubs.
5 Telephone exchanges.
5 Theaters, excluding "adult entertainment establishments as defined
by this Code.
5 Warehouse storage and /or wholesale distribution facilities.
5 Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted outright
within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 4. TMC Section 18.30.020 Amended. Ordinance Nos. 2287 §20, 2251
§41, 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830 §23, 1814 §2, and 1758 §1 (part),
as codified at TMC Section 18.30.020, "Permitted Uses," are hereby amended to read
as follows:
18.30.020 Permitted Uses
The following uses are permitted outright within the Commercial /Light Industrial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 6 of 12
344
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC,
RC, RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools; and
(b) Care centers, preschools, nursery schools or other child care
facilities;
(3) In or within 1,000 feet of:
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility
b. The distances specified in TMC Section 18.30.020.1.a shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located, to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in
this section shall be measured by following a straight line between the nearest points of
public entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access
to an arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
4. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Day care centers.
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 7 of 12
345
18. Extended -stay hotel /motel
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Gamblina use, only permitted along interurban
boundaries of Interstate 5 to the northwest and the Green
Avenue between the
River Bridge to the
Greenhouses or nurseries (commercial).
Heavy equipment repair and salvage.
Hotels.
Industries involved with etching, film processing, lithography, printing,
2 Internet data /telecommunication centers.
2 Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
30 2-9. Libraries, museums or art galleries (public).
319. Manufacturing, processing and /or assembling of electrical or
mechanical equipment, vehicles and machines including, but not limited to, heavy and
light machinery, tools, airplanes, boats or other transportation vehicles and equipment.
324. Manufacturing, processing and /or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering).
3 Manufacturing, processing and /or packaging pharmaceuticals and
related products, such as cosmetics and drugs.
34 -3. Manufacturing, processing, and /or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
3 Manufacturing, processing, assembling, packaging and /or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
3 Medical and dental laboratories.
3 Mortician and funeral homes.
3 Motels.
3 Offices, including:
a. medical
b. dental
southeast.
2 -3.
2
2
2
and publishing.
c. government, excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
ON
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 8 of 12
40 3-9. Outpatient, inpatient, and emergency medical and dental.
418. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
4 Pawnbrokers.
4 Planned shopping center (mall).
4 Plumbing shops (no tin work or outside storage).
4 Railroad tracks, (including lead, spur, loading or storage).
4 Recreation facilities (commercial indoor) athletic or health clubs.
4 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
4 Religious facility with an assembly area less than 750 square feet.
4 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and
certain trucks).
5049. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
5 Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
5 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
5 Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, flowers,
plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items.
5 Sales and rental of heavy machinery and equipment subject to
landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
building. 5 Salvage and wrecking operations that are entirely enclosed within a
5 Schools and studios for education or self improvement.
5 Self- storage facilities.
5 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this
title.
5_98. Studios art, photography, music, voice and dance.
60 59. Taverns, nightclubs.
6 Telephone exchanges.
6 Theaters, excluding "adult entertainment establishments as defined
by this Code.
6 Tow truck operations, subject to all additional State and local
regulations.
6 Truck terminals.
6 Warehouse storage and /or wholesale distribution facilities.
6 Other uses not specifically listed in this Title, which the Director
determines to be:
W: Word Process ing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs
Page 9 of 12
347
a. similar in nature to and compatible with other uses permitted outright
within this district;
b. consistent with the stated purpose of this district, and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 5. TMC Figure 18 -7 Amended. Ordinance Nos. 2257 §13, 2251 §67,
1795 §3, and 1758 §1 (part) are hereby amended to amend Figure 18 -7, "Required
Number of Parking Spaces for Automobiles and Bicycles," as referenced in TMC
Chapter 18, to add the following:
Figure 18 -7 Required Number of Parking Spaces for Automobiles and Bicycles
Use
Automobile Standard
Bicycle Standard
Gamblina uses The Director shall determine the
number of reauired Darkinq
spaces, with a minimum of 1
space for every 100 sauare feet of
usable floor area. To ensure
Darkina adequacv for each
proposal the Director may
consider a Darkina studv or
documentation Daid for by the
applicant and administered by the
Citv reaardina the actual Darkinq
demand for the DroDosed use.
1 space Der 50
parkinq stalls with
a minimum of 2
spaces.
Section 6. TMC Section 3.08.030 Amended. Ordinance Nos. 2230 §1, 2150 §1,
1891 §1, and 1809 §1 (part), as codified at TMC Section 3.08.030, "Tax Rates," are
hereby amended to read as follows:
3.08.030 Tax Rates
A. Pursuant to RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of
Washington, effective July 27, 1997, there is levied upon all persons, associations and
organizations who have been duly licensed by the Washington State Gambling
Commission, as authorized by law, the following tax:
1. To conduct or operate any bingo games and raffles, a tax rate of 5% of the
gross revenue received therefrom, less the actual amount paid by such person,
association or organization for or as prizes;
2. To conduct any amusement game, a tax rate of 2% of the gross revenue
received therefrom, less the actual amount paid by such person, association or
organization for or as prizes,
W: Word Processing \Ordinances \Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 10 of 12
i i
3. For the conduct or operation of any punchboards or pulltabs, a tax rate of
5% of the gross receipts from such activities for commercial stimulant operators
(taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount
paid out as prizes for charitable or nonprofit organizations;
4. For the conduct or operation of any premises or facility used to play social
card games, a tax rate of 20% of the gross receipts received therefrom;
5. Afw --For the conduct or operation of anv premises or facilitv used as a
public card room operated as a commercial stimulant, a tax rate of 4D-11 of the gross
receipts received therefrom.
B. Non Profit Organizations.
1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo
or raffles when such activities or any combination thereof are conducted by any bona
fide charitable or nonprofit organization as defined in RCW 9.46.0209, which
organization has no paid or management personnel, and has gross income from bingo
and raffles, or any combination thereof, not exceeding $5,000 per year, less the amount
paid for or as prizes.
2. The Finance Director may waive the tax due each quarter from a bona fide
charitable or nonprofit organization as defined in RCW 9.46.0209. This waiver may
occur only if the charitable or nonprofit organization demonstrates by clear and
convincing documentation that an amount equal to at least 70% of the tax due the City,
as computed pursuant to TMC 3.08.030, will be donated to charitable nonprofit
organizations serving the City whose purpose is to provide programs or facilities for
meeting the basic health, education, welfare, or other needs of the residents of the City.
Failure to donate at least 70% of the tax due the City will result in revocation of the
waiver and the disqualification of the bona fide charitable or nonprofit organization to
receive a waiver for future tax payments.
Section 7. Repealer. Ordinance No. 2323, §2, as codified at TMC Chapter 5.20,
"Certain Gambling Activities Prohibited," is hereby repealed.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
W: Word Process ing\Ordina nces\Gambling use zoning strike -thru 8 -2 -11
NG:bjs Page 11 of 12
349
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2011.
ATTEST /AUTH ENT ICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances\Gambling use zoning strike -thru 8 -2 -11
350 NG:bjs Page 12 of 12
Parcels Eligible for Gambling Uses
along Interurban Ave S Southcenter Blvd
Community Affairs Parks Committee Minutes
July 11, 2011— Pace 2
Staff was requested to return to Committee with the appropriate revisions to Option 2 as outlined in the
Committee packet, for further discussion. UNANIMOUS APPROVAL, OPTION 2. RETURN TO
COMMITTEE.
III. MISCELLANEOUS
Under Miscellaneous, Chuck Parrish, resident, shared a petition signed by 367 Tukwila residents that requests
the Council to reconsider Ordinance 2323 which prohibits social card rooms in the City effective January 1,
2016. The petition's exact wording is stated below:
We the undersigned residents of Tukwila ask city council to replace Ordinance 2323 with a
new policy that would allow the existing commercial card rooms to remain in business, to
save the approximate 450 jobs, to preserve the $2.1 to $2.4 million in annual tax revenues
that these businesses pay to Tukwila and to maintain the level of city services that are
associate with this revenue.
The petition currently has 367 signatures, but the efforts to engage and educate residents about this issue are
ongoing. However, supporters believe that 300 -400 signatures on this petition should be sufficient for Council
to revisit this issue. The current signatures represent residents throughout the City.
Mr. Parrish indicated that he believes the Council overlooked, and should have considered, the option of
creating a zoning ordinance that would limit card rooms to specific locations /areas in the City. He has
conducted research of other cities that utilize similar ordinances to restrict such establishments to certain
areas.
After discussion, Committee Members agreed unanimously, and requested that staff draft an ordinance,
proposing new language allowing card rooms along Interurban and the area along Southcenter Boulevard,
addressing zoning for restaurants only. Other items the Committee would like to see included in the staff
report for this item are:
Number of new applications received for card rooms
How surrounding cities address the issue of card rooms
Previously provided crime statistics relating to card rooms
Committee Members agreed that due to the critical nature of this item, it requires input from and discussion
among all Councilmembers; therefore, the item should be move to a COW for discussion rather than returning
to Committee. Committee Chair Seal stated that she would not be attendance at the next COW, and would
like to see this item be scheduled for the August 8 COW.
Committee Chair Seal and Committee Member Quinn both expressed their appreciation for the level of
community involvement regarding this and other issues for which residents are concerned and/or feel
strongly. Since Council President Ekberg filled in for Committee Member Duffie at this evening's meeting,
Councilmember Seal stated she would contact Committee Member Duffie to advise him of this discussion.
Meeting adjourned at 5:45 p.m.
Next meeting: Monday, July 25, 2011 5:00 p.m. Conference Room #3
i� p Committee Chair Approval
MN utes JT. Reviewed by KAM.
352