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HomeMy WebLinkAboutOrd 1873 - Business License for Social Card Rooms or Gambling Activities (Repealed by Ord 1917) 0 1908 T kwila it of u y Washington Ordinance No. leY 1' 73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON THE FILING OF APPLICATIONS FOR BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING GAMBLING ACTIVITIES, INCLUDING SOCIAL CARD GAMES, PUNCH BOARDS, OR PULL TABS; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City has adopted a Zoning Code and development regulations that are consistent with its Comprehensive Plan; and WHEREAS, most types of land use are identified and provided for in the City's Zoning Code; and WHEREAS, gambling activities are not addressed in the City Comprehensive Plan, Zoning Code or development regulations; and WHEREAS, the City wishes to study the issues relating to gambling activities and wishes to ensure public input on these issues prior to making any decisions that will affect the City as a whole; and WHEREAS, the City, to further its desire to study and to provide for public input on the issues, adopted Ordinance No. 1867 on February 1, 1999, which imposed a moratorium on filing of applications for business licenses, building permits, development or any other permits or approval required for food or drink establishments seeking to conduct gambling activities; and WHEREAS, during the period of the moratorium imposed under Ordinance No. 1867, the City pursued a work plan for addressing the issues surrounding gambling activities relating to the City's Comprehensive Plan, Zoning Code and development regulations; and WHEREAS, during the period of the moratorium imposed under Ordinance No. 1867, any work the City may have accomplished to address issues relating to gambling activities under its Comprehensive Plan, Zoning Code and development regulations would likely be greatly impacted by pending State legislative action; and WHEREAS, during the time of possible State legislative action the City lacked clear guidelines by which to proceed concerning the provision of gambling activities within its Comprehensive Plan, Zoning Code and development regulations, and the City needed to learn the outcome of State legislative action, if any, before it could proceed with further work to address gambling issues within its Comprehensive Plan, Zoning Code and development regulations; and MRT -GMBL -renew 711199 1 WHEREAS, also during the period of the moratorium imposed under Ordinance No. 1867, the State's Gambling Commission maintained a controversial legal position on whether the City had any ability to address gambling activities within its Comprehensive Plan, Zoning Code or development regulations at all; and WHEREAS, other jurisdictions that have taken specific actions to address gambling issues within their jurisdictions have been subjected to threatened and real legal challenges; and WHEREAS, due to the factors listed above, the City could not progress in its work plan as far as desired prior to the expiration of the moratorium imposed under Ordinance No. 1867; and WHEREAS, the City now desires additional time in which to study and receive public input and other information on how it should address gambling activities within its Comprehensive Plan, Zoning Code and development regulations; and WHEREAS, the City Council has held a public hearing on July 6, 1999, concerning the renewal and extension of the moratorium imposed under Ordinance No. 1867; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted as the City Council's Findings of Fact and are incorporated herein as if fully set forth in their entirety. Section 2. Moratorium Extended. The moratorium established under Ordinance No. 1867 is hereby renewed and extended for an additional six (6) month period effective as provided for in Section 7 below. Said moratorium is effective upon the filing of applications for business licenses, building permits, development permits or any other permits or approvals required for food and drink establishments seeking to conduct gambling activities, whether as a principal use or as an accessory use, including social card games, punch boards, or pull tabs, and is effective upon establishments seeking to expand their operations if currently conducting gambling activities, including social card games, punch boards, or pull tabs. "Development permits" shall include, but are not limited to, subdivision approvals, short subdivision approvals, approvals for any and all rezones, site plan review approvals, and building permits for development activity resulting in the alteration or existing premises or the creation of new premises related to gambling activities including social card games, punch boards or pull tabs. No such applications shall be accepted during the effective period of the moratorium as extended by this ordinance; provided, however, that this moratorium shall not affect vested rights, if any, applicable to any such previously submitted and fully complete applications. Section 3. Business License Required. Any food or drink establishment that has been issued a business license shall be required to apply for an additional business license to conduct gambling activities, including social card games, punch boards, or pull tabs on the premises. In the event of an existing food or drink establishment currently conducting gambling activities, including social card games, punch boards or pull tabs on the premises, no additional business license is required until the following year, unless the existing business desires to expand its current operation, in which event the business must apply for an additional business license for gambling activities. Section 4. Effective Period of Moratorium. The moratorium established by Ordinance No. 1867 is renewed and extended effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. MRT -GMBL -renew 7/1/99 2 Section 5. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address issues related to gambling activities, and to develop appropriate proposals for amendment of the Tukwila Comprehensive Plan, Zoning Code and other development regulations as may be necessary. Section 6. Public Hearing Held. The City Council has held a public hearing regarding the extension of the moratorium imposed by Ordinance No. 1867 on July 6, 1999. Section 7. 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. Section 8. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUK ILA, WASHINGTON, at a Regular Meeting thereof this 4 day of 1999. ATTEST/ AUTHENTICATED: J e E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of d ity Att rney FILED WITH THE CITY CLERK: 7 7 PASSED BY THE CITY COUNCIL: 7- 6 9 y PUBLISHED: 7- 7- 1 EFFECTIVE DATE: 7_ L7 7 ORDINANCE NO.: f 7.5 4 4 ial Rants, Mayor MRT -GMBL -renew 7/1/99 3 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. I3 73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON THE FILING OF APPLICATIONS FOR BUSINESS LICENSES AND DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING GAMBLING ACTIVITIES, INCLUDING SOCIAL CARD GAMES, PUNCH BOARDS, OR PULL TABS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On 7-to the City Council of the City of Tukwila passed Ordinance No. /b 7. renewing a six -month moratorium on the filing of applications for business licenses and development permits for food or drink establishments conducting gambling activities, including social card games, punch boards, or pull tabs; 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. f l APPROVED by the City Council at its meeting of (no St&ALA Jane E. Cantu, CMC, City Clerk Published Seattle Times: riNgq/0-'