HomeMy WebLinkAboutOrd 1867 - Business License for Food or Drink Establishments for Gambling Activities (Repealed by Ord 1917) ILA ..V,y
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1908
City of
Washington
Ordinance No. 1947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING 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; DECLARING AN EMERGENCY;
ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City of Tukwila 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 the Comprehensive Plan; and
WHEREAS, most types of land uses are identified and provided for in the City's Zoning Code; and
WHEREAS, gambling activities are not addressed in the City's Comprehensive Plan, Zoning Code or
development regulations; and
WHEREAS, the City of Tukwila desires to ensure that the location of such uses is consistent with its
policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations;
and
WHEREAS, the City of Tukwila also wishes to ensure public input on these issues; and
WHEREAS, the City desires to preserve the status quo during a period of time in which it can study
such uses and address the same; and
WHEREAS, the City desires to preserve the status quo by also requiring that any existing food or
drink establishment seeking to expand its operation relating to gambling activities, including social card
games, punch boards, or pull tabs, or any food or drink establishment desiring to start such activities, must
first apply to the City for a business license for such activities; and
WHEREAS, the City desires to preserve the status quo during its time of study by establishing a
moratorium on the filing of applications for business licenses and building permits for food or drink
establishments 1) desiring to conduct gambling activities, whether as a principal use or as an accessory use,
including social card games, punch boards, or pull tabs, or 2) desiring to expand their existing gambling
activities, including social card games, punch boards, or pull tabs, whether as a principal or an accessory
use;
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 by this reference incorporated herein as if set forth in their entirety.
Section 2. Moratorium Established. A moratorium is hereby established, effective immediately
upon adoption of this Ordinance, upon the filing of applications for business licenses, building permits,
development permits or any other permits or approvals required for food or 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 a moratorium on the same for 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
MRT- GMBL.DOC 1128199 1
approvals, approvals for any and all rezones, site plan review approvals, and building permits for
development activity resulting in the alteration of 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 this moratorium;
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 this Ordinance shall
become effective as set forth in Section 5 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.
Section 5. Effective Date. This Ordinance, as a public emergency ordinance necessary for the
protection of the public health, public safety, public property, or public peace, shall take effect and be in full
force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners. 79
Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are
included in Section 1 and in the "whereas" clauses, above, all of which are adopted by reference.
Section 6. Work Program. The Mayor is authorized to allocate the necessary resources to prepare
a work program to address issues related to gambling activities, including social card games, punch boards,
or pull tabs, and to develop appropriate proposals for amendment of the Tukwila Comprehensive Plan,
Zoning Code and other development regulations as may be necessary.
Section 7. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be
held no later than sixty (60) days after the date of adoption herein.
Section 8. Hardship Clause. In the event of unusual or unreasonable hardships which may be
caused by the imposition of this moratorium, appeal may be made to the City Council for an exemption
from the moratorium provisions; provided, unique burdens or unreasonable hardships must be shown to
exist by an applicant, and no exemption shall be granted that is contrary to the intent and purpose of this
Ordinance.
Section 9. 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 CI Y OU yCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meetin g thereof this day of J 1999.
ATTEST /AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK: i /fig
PASSED BY THE c ITY COUNCIL: 0 7// /9 9
PUBLISHED: jig yy
EFFECTIVE DATE: 0 7/19
ORDINANCE NO.: 7
6f/
Jot W. Rants, Mayor
MRT- GMBL.DOC 1/28/99 2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING 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; DECLARING
AN EMERGENCY; ESTABLISHING AN EFFECTIVE DATE;
AND PROVIDING FOR SEVERABILITY.
li the h
On -GG J e Ct i y Council f t o e City y o f Tukwila passe d
Ordinance No. /6 p establishing a six -month moratorium on the filing of
applications for business licenses and development permits for food or drink
establishments conducting gambling activities; authorizing the Mayor to allocate the
necessary resources to prepare a work program to address issues related to gambling
activities, including social card games, punch boards, or pull tabs, and to develop
appropriate proposals for amendment of the Tukwila Comprehensive Plan, Zoning
Code and other development regulations as may be necessary; providing for a public
hearing; providing for a hardship clause; and providing for severability.
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
Published Seattle Times: ,9 °Ic
Jan Cantu, City Clerk
1,/9y