HomeMy WebLinkAboutOrd 2042 - Moratorium on Social Card Rooms (Gambling Activities) O!
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Washington
Ordinance No. 2 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON THE
FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR
DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME
GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council and the community of Tukwila carefully considered the extent
of permissible gambling activities in the City for a period of years; and
WHEREAS, after numerous public hearings and public meetings, the City Council adopted
an ordinance carefully tailored to address the needs of the community; and
WHEREAS, among other things, the ordinance permitted existing licensed social card
games to remain as legal nonconforming land uses, but prohibited the introduction of further
licensed social card games in the City; and
WHEREAS, Division I of the Court of Appeals issued its opinion on June 26, 2003, in
Fdrnnnds, Shn»nin C enter Accnr_, Pt al v C'i t)4 of Edmonds which affirmed that cities may
absolutely prohibit any or all gambling activities, but called into question cities' ability to exercise
zoning or other general police powers over licensed gambling activities; and
WHEREAS, at least one business venture has subsequently expressed an interest in
acquiring a State license to operate an additional social card game in Tukwila; and
WHEREAS, the City Council accordingly desires to establish a moratorium to prevent the
vesting of any new applications, and to maintain the status quo while legal, political, and
practical alternatives are considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Siechnn 1 Findings, of Fart_ 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.
SPCfinn Moratorium Fctahlished_ A moratorium is hereby established, effective
immediately upon adoption of this Ordinance, upon the filing of applications for building
permits, development permits, or any other permits or approvals required for food or drink
establishments seeking to conduct new social card game gambling activities, or to expand
existing social card game gambling activities, whether as a principal use or as an accessory use.
For the purposes of this ordinance, "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 of
existing premises or the creation of new premises related to social card game gambling activities.
No such applications shall be accepted during the effective period of this moratorium.
SPctinn 3_ Effective Pi-rind of Morltnrinm The moratorium established by this Ordinance
shall become effective as set forth in Section 3 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.
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Gambling Moratorium 4/12/04
Section 4. Effective Tate 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 Cnmmissinners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support
this emergency declaration are included in the "WHEREAS" clauses, above, all of which are
adopted by reference as findings of fact as if fully set forth herein.
Section 5_ Work Program. The Mayor is authorized to allocate the necessary resources to
prepare a work program to address issues related to social card game and other 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 h_ Public Hearing to hp HP1d. A public hearing on the issue of the moratorium
shall be held no later than 60 days after the date of adoption herein.
,Section 7_ Severahility. 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.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this 11 day of AfYU 2004.
ATTEST/AUTHENTICATED:
7 oLic}Lt
Jane E. Cantu, CMC, City Clerk
APPROVED AS 7O„FOlgM BY:
Office of the City Attoriy
Gambling Moratorium 4/12/04
2-
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published.
Effective Date.
Ordinance Number
O--E) 2- C)1
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IA- CZ- C
21)14-2_,