HomeMy WebLinkAboutOrd 1917 - Prohibit Certain Gambling Activities 1 r'r. F0
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City of Tukwila
Washington
Cover page to Ordinance 1917
The full text of the ordinance follows this cover page.
AN ORDINANCE E GF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CREATING A NEW TMC CHAPTER
4,_11 PROHIBITING CERTAIN GAMBLING ACfl ITIES;
REPEALING ORDINANCE NOS. 1867, 1873 AND 1893;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 1917 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
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City O f
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Ordinance No. M/7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CREATING A NEW TMC CHAPTER
4.10 PROHIBITING CERTAIN GAMBLING ACTIVITIES;
REPEALING ORDINANCE NOS. 1867 1873 AND 1893;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the State legislature and State Gambling Commission have expanded the ability of
establishments holding gambling licenses to conduct house banked social card games as a commercial
stimulant so that such establishments may operate up to 15 tables of house banked social card games (house
banked cardrooms also known as "mini- casinos and
WHEREAS, that type of gambling activity is distinct from other existing types of gambling activities,
including player funded social card games, pull tabs, and punch boards; and
WHEREAS, as a result of this change there has been a great proliferation of mini casinos in the region;
and
WHEREAS, the City of Tukwila adopted a Comprehensive Plan in compliance with the Growth
Management Act, and a Zoning Code and development regulations consistent with that Comprehensive Plan;
and
WHEREAS, the City did not address mini casinos within its Comprehensive Plan, Zoning Code, or
development regulations; and
WHEREAS, there is ambiguity in the legal opinions on whether the City has any zoning authority with
respect to mini casinos (the Gambling Commission maintains that cities have no authority to zone); and
WHEREAS, other jurisdictions that took specific actions to address gambling issues have been
subjected to both threatened and real legal challenges; and
WHEREAS, the State legislature was considering the issue of whether local jurisdictions should be
provided with express authority to zone gambling establishments; and
WHEREAS, due to the City not addressing mini- casinos within its Comprehensive Plan, Zoning Code,
and development regulations, due to the legal uncertainties, and due to the lack of direction from the State
legislature, the City imposed a moratorium on the acceptance of applications related to the development of
gambling establishments, so that it could carefully consider public input on the issues, consider the use within
its land use policies and its Comprehensive Plan, and so that it could gain guidance from the State legislature;
and
WHEREAS, it is now apparent that the State legislature will not provide that guidance to the cities on
whether local jurisdictions have zoning authority; and
WHEREAS, the City is aware that it does have the authority to prohibit such uses within the City
pursuant to RCW 9.46.295; and
WHEREAS, because the Gambling Commission has taken the controversial legal position that cities
may not exercise zoning authority with respect to gambling establishments, the City is left with the options of
either allowing gambling establishments anywhere within the City or allowing no such uses within the City;
and
gmb- proliib 6 -2000 1
WHEREAS, there are four existing mini casino establishments with identified locations within the City:
Riverside Casino at 14060 Interurban Avenue South, Golden Nugget Casino at 14025 Interurban Avenue
South, Silver Dollar at 14027 Interurban Avenue South, and Pete's Hying Aces at 14101 Tukwila
International Boulevard; and
WHEREAS, there is a proposed mini casino establishment with an identified location within the City,
Las Vegas Boulevard Casino at 14040 Interurban Avenue South, which has applied for a State gambling
license, which has submitted development permit applications to the City prior to the effective date of the
City's moratorium, and which has invested considerable capital toward that proposed establishment; and
WHEREAS, the City's moratorium will expire on July 14, 2000; and
WHEREAS, the City desires that the existing mini casinos and the proposed mini- casino may continue
in operation within the City as currently located; and
WHEREAS, in April, 2000, the City conducted an inventory of the areas devoted to house banked
social card games in each of Tukwila's four existing mini casinos and found that these areas range from 1,500
square feet to 2,500 square feet in size; and
WHEREAS, the City wishes to provide sufficient flexibility in regard to the size of the physical
premises associated with mini casinos, so as to not interfere with the ability of each mini casino to comply
with State gambling regulations; and
WHEREAS, the City desires to ban all other house banked social card games within the City pursuant
to the authority provided to it under RCW 9.46.295;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. New Chapter 4.10 Added. A new Chapter 4.10, entitled "Certain Gambling Activities
Prohibited shall be added to the Tukwila Municipal Code, to read as follows:
Chapter 4.10
CERTAIN GAMBLING ACTIVITIES PROHIBITED
4.10.010 Certain gambling activities prohibited.
A. Prohibited activities. Any license issued under the authority of state law to engage in any
gambling activity shall be legal authority to engage in those gambling activities for which the license was
issued throughout the City, except that the City, in accordance with RCW 9.46.295, as the same now exists
or may hereafter be amended, prohibits the conduct or operation of house banked social card games as a
commercial stimulant, as defined in RCW 9.46.0217 and RCW 9.46.0282.
B. Exceptions. The following businesses "Excepted Businesses are excepted from 4.10.010.A:
1. Those businesses conducting or operating house banked social card games as a commercial
stimulant within the City on the effective date of this ordinance may continue to do so.
2. Those businesses for which a gambling license has been suspended or revoked by the
Washington State Gambling Commission as of the effective date of this ordinance may resume the operation
of house -banked social card games under the provisions of this ordinance upon reinstatement of said
gambling license by the Washington State Gambling Commission or by a court of law, regardless of the
length of time that has elapsed between the suspension or revocation of the gambling license and its
reinstatement.
3. Those businesses that have done all of the following prior to the effective date of the City's
moratorium related to gambling activity development permit applications (February 1, 1999) are permitted to
conduct or operate house banked social card games as a commercial stimulant within the City:
a. applied for a gambling license from the State to conduct or operate house banked social
card games as a commercial stimulant; and
b. identified a specific location within the City for its business establishment; and
c. submitted development applications to the City.
gmb- prohib 6 -2000 2
4.10.020 Excepted businesses' expansion of business premises limited.
A. An excepted business identified in TMC 4.10.010.B.1 can continue to conduct or operate house
banked social card games as a commercial stimulant within the City, and it may intensify the operation of
house banked social card games, so long as the area devoted to the playing of house banked social card games
in the excepted business does not exceed 4,000 square feet in area. If the area devoted to the playing of
house banked social card games in an excepted business under 4.10.010.B.1 exceeds this 4,000 square foot
maximum, it can no longer conduct house banked social card games within the City and it falls within the
prohibition set forth in TMC 4.10.010.A.
B. An excepted business identified in TMC 4.10.010.B.2 can, upon completion of its physical
premises, conduct or operate house -banked social card games as a commercial stimulant within the City
within the premises as constructed, and it may intensify the operation of house -banked social card games, so
long as the area devoted to the playing of house -banked social card games in the excepted business does not
exceed 4,000 square feet in area. If the area devoted to the playing of house -banked social card games in an
excepted business under TMC 4.10.010.B.2 exceeds this 4,000 square foot maximum, it can no longer
conduct house -banked social card games within the City and it falls within the prohibition set forth in TMC
4.10.010.A.
C. Nothing in this section shall limit the construction or expansion of a business premises for purposes
other than the operation of house banked social card games if such purposes are otherwise allowed by City
Code.
4.10.030 Excepted businesses' discontinuation of use.
A. An excepted business identified in TMC 4.10.010.B.1 or 2 can continue to conduct or operate
house banked social card games as a commercial stimulant within the City so long as the excepted business
does not discontinue the operation of house banked social card games for a continuous four -month period
within one year or for more than a total of 180 days within any two -year period. If an excepted business
discontinues its use as described in this section, it can no longer conduct house banked social card games
within the City and it falls within the prohibition set forth in TMC 4.10.010.A, except as provided in
subsection B, C and D of this section.
B. Should the physical premises of an excepted business (as identified in TMC 4.10.010.B) be
destroyed as the result of a fire, flood, earthquake or other natural disaster, it may be reconstructed subject to
all of the following conditions:
1. The excepted business applies for all required City, state and federal permits within 60 days
from the date of the fire, flood, earthquake or other natural disaster.
2. The excepted business obtains all required City, state and federal permits within one year
from the date of the fire, flood, earthquake or other natural disaster.
3. The excepted business devotes no more than the maximum of 4,000 square feet for the
playing of house -banked social card games.
C. An excepted business (as identified in TMC 4.10.010.B) may construct a new physical premises
on the property it currently occupies, subject to all of the following conditions:
1. The excepted business applies for, and receives, all required City, state and federal permits for
the new premises.
2. The excepted business devotes no more than the maximum of 4,000 square feet in the new
premises for the playing of house -banked social card games.
3. The old physical premises of the excepted business is demolished prior to the issuance of a
City of Tukwila Certificate of Occupancy for the new premises. However, the new physical premises may be
occupied prior to the demolition of the old physical premises subject to all of the following conditions:
a) the old premises is closed to the public; and
b) a financial security (such as a surety bond, irrevocable letter of credit, assignment of
account or cash deposit) is provided to the City of Tukwila (in form and content satisfactory to the City
Attorney) in the amount of 150% of the total estimated cost of the demolition of the old physical premises.
gmb- prohib 6 -2000 3
D. An excepted business (as identified in TMC 4.10.010(B) whose gambling license is suspended or
revoked by the Washington State Gambling Commission may resume the operation of house -banked social
card games under the provisions of this ordinance upon reinstatement of said gambling license by the
Washington State Gambling Commission or a court of law regardless of the length of time that has elapsed
between said suspension or revocation of the gambling license and its reinstatement.
4.10.040 Excepted businesses' change of business location.
An excepted business identified in TMC 4.10.010.B.1 or 2 can continue to conduct or operate house
banked social card games as a commercial stimulant within the City so long as the excepted business
continues to conduct its business where it is currently located and does not relocate its business to another
premises within the City. If an excepted business relocates its business, it can no longer conduct house
banked social card games within the City and it falls within the prohibition set forth in TMC 4.10.010.A.
Section 2. Repealer. Ordinance No. 1867 imposing a moratorium, and Ordinance Nos. 1873 and
1893 extending the effect of that moratorium, are hereby repealed on the effective date of this ordinance.
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 and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY OUNCIL OF THE ITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of 2000.
ATTEST /AUTHENTICATED:
APPROVED AS T• FORM:
By 7
Office of tfe 6ity
gmb prohib 6 2000
E. Cantu, CMC, City Clerk
torney
FILED WITH THE CITY CLERK: 6 t7 D
PASSED BY THE CITY COUNCIL: t' -S Ob
PUBLISHED: 6- 9-071
EFFECTIVE DATE: 6 /11-61---d
ORDINANCE NO.: /q/ 7
A ikCiak
Steven M. Mullet, Mayor
4
Published Seattle Times: 6 y
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /7/ 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, CREATING A NEW TMC
CHAPTER 4.10 PROHIBITING CERTAIN GAMBLING
ACTIVITIES; REPEALING ORDINANCE NOS. 1867, 1873
AND 1893; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On ZUOD the City Council of the City of Tukwila passed
Ordinance o. 9/7 prohibiting the conduct or operation of house banked social
card games as a commercial stimulant, and defining requirements and restrictions for
"Excepted Businesses providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of (1.4.11/ S, 240C13
(,e-
Ja. Cantu, CMC, City Clerk