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HomeMy WebLinkAboutCOW 2011-11-28 Item 4E - Ordinance - Repeal Portion of Ord 2323 Regarding Social Card RoomsCOUNCIL AGENDA SYNOPSIS CAS NU\llil_,R: AGIM M ITF: \4 TI1'1,1? Initials ITEM NO. Meeting Date Prepared by I Mayor's review C,putacil review 11/28/11 SK L 4. E. 12/05/11 SK ITEM INFORMATION STAFF SPONSOR: SHELLEY KERSLAKE ORIGINAi-A(,FNDADAT1 11/28/11 Repeal of Section 2 of Ordinance 2323 regarding social card rooms. Discussion Motion Resolution Ordinance ❑Bid -Axard PublicHearina ❑Other lltg Date 11/28/11 Adtg Date Nltg Date tl7tg Date 1215111 lltg Date 112tg Date Mtg Date SPONS()R Council Mgyor HR DCD .Fiszance Fire IT P &R Police 14V SPONSOR'S Given the results of the November 8, 2011 advisory vote regarding social card rooms, the su\- r\Mvz' Council has discussed repealing the sunset provision of Ordinance 2323, which would have precluded the operation of social card rooms in the City by 2016. RI cow Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ALllMIN• City Attorney /City Council C Forward Issue to Committee of the Whole COST IMPACT FUND SOURCE EXPi'MATURIF, RI?QUIRI AMOUNT BUDGETED $2.1 million Fund Source: Con nnents: Retains the existing revenue stream from gaming uses MTG. DATE 11/28/11 MTG. DATE 11/28/11 12/5/11 Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $0 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/16/11 Ordinance in draft form 155 156 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Councilmembers FROM: Shelley M. Kerslake, City Attorney DATE: November 16, 2011 SUBJECT: Social Card Rooms ISSUE Whether to repeal Ordinance 2323, in part, to allow social card rooms in the City of Tukwila. BACKGROUND Ordinanace 2323, Section 2, prohibits the operation or conduct of social card rooms within the City of Tukwila, effective January 1, 2016. At the November 8, 2011 General Election, the City of Tukwila put forth Advisory Measure No. 1 to ask the City's voters whether social card rooms should be allowed in Tukwila. In response to Advisory Measure No. 1, a majority of the City's voters advised the Council of the desire to allow social card rooms in Tukwila. DISCUSSION The Council has expressed a desire to implement the will of the voters by repealing Section 2 of Ordinance 2323; thereby allowing social card rooms to continue in the City of Tukwila. This action does not impact other recent changes to social card room regulations, such as late payment penalties and tax rates. RECOMMENDATION The Council is being asked to consider the proposed ordinance at the November 28, 2011 Committee of the Whole and December 5, 2011 Regular Meeting. ATTACHMENTS Draft Ordinance 157 158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING SECTION 2 OF ORDINANCE NO. 2323 RELATING TO THE PROHIBITION AGAINST SOCIAL CARD ROOMS AS A COMMERCIAL STIMULANT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, with certain exceptions, Section 2 of Ordinance No. 2323 prohibits the operation or conduct of social card rooms within the City of Tukwila effective January 1, 2016; and WHEREAS, at the November 8, 2011 General and Special Election, the City of Tukwila put forth Advisory Measure No. 1 to ask the City's voters whether social card rooms should be allowed in Tukwila; and WHEREAS, in response to Advisory Measure No. 1, the City's voters voted to allow social card rooms in Tukwila; and WHEREAS, as a result of said vote, the City Council desires to repeal Section 2 of Ordinance No. 2323 to allow social card rooms in Tukwila to continue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Section 2 of Ordinance No. 2323 is hereby repealed in its entirety. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Repeal prohibition on social card rooms 11 -14 -11 SK:bjs Page 1 of 2 159 Section 3. 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 4. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTHENTICATED: 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 \Repeal prohibition on social card rooms 11 -14 -11 SK:bjs Page 2 of 2