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Home My WebLink About6361 ORDINANCE NO. 6 3 6 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANC€ NO. 5250, ADOPTED JUNE 21, 1999, PROHIBITING SOCIAL, CARD GAMES CONDUCTED AS A COMMERCIAL STIMULANT EXCEPT FOR THOSE ESTABLISHMENTS CURRENTLY LICENSED BY THE - WASHINGTON STATE GAMBLING COMMISSION AND/OR LAWFULLY OPERATING IN THE CITY AS OF JUNE 7, 1999; ESTABLISHING PENALTIES , FOR VIOLATIONS; AND PROVIDING THAT THE MORATORIUM., ON SOCIAL CARD GAMES CONDUCTED AS A COMMERCIAL STIMULANT AS ESTABLISHED UNDER ORDINANCES 5249 AND 5198 _ BE TERMINATED UNLESS THIS ORDINANCE; IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON WHEREAS, the City had previously established a moratorium on the ' issuance of additional licenses by the State Gambling Commission of Social Card Games conducted as a commercial stimulant for the purposes of studying its affects, and to receive public input, in accordance with City of Auburn Ordinance Numbers 5198 and 5249; and WHEREAS, in connection therewith, the City reviewed the effects of casinos and gambling in other communities in nation and received public input at its public hearings; and WHEREAS, during the public hearings held in connection with City of Aubum Ordinance Numbers 5198 and 5249, both the general public and operators of social card games conducted as a commercial stimulant provided ` input to the City Council; and WHEREAS, also in connection therewith, the Planning Commission reviewed and made recommendations to the City Council; and , Ordinance No. 6361 April 22, 2011 Page 1 of 6 WHEREAS, RCW 9.46.295 authorizes municipalities to prohibit certain gambling activities otherwise authorized; and . , WHEREAS, after receiving public input in connection with City of Aubum Ordinance Numbers 5198 and 5249, and having been advised of the action taken by neighboring municipalfies the Ciiy deemed it to be in the public interest and welfare to prohibit certain social c.ard games as defined in RCW 9.46.0282; and WHEREAS, the City Council, in Ordinance No. 5250, found that the State legislature in amendments to the State Gambling Act allowed certain enhanced card rooms which are commonly referred to as mini-casinos; and WHEREAS, the City Council also found thaf as a result of this ~ authorization there has been established a number of mini-casinos in the South King County Region; and WHEREAS, the City Council also found that.there are adverse affects as the result of the establishment of the mini-casinos which include, but are not limited to, perceptions by residences and businesses of the negative affect that such mini-casinos would have and therefore do not desire to have a residence or a business in the same municipality where such exist; and WHEREAS, the City Council also found that under the Growth Management Act, GMA, the City is required to infill and provide high density development within its boundaries and the establishment of mini-casinos could be adverse to attracting occupants for such developments; and Ordinance No. 6361 April 22, 2011 Page 2 of 6 WHEREAS, the City Council also found that the establishment of mini- casinos is not in harmony with the Comprehensive Plan as it has a negative affect on the attraction of business and residential developmenf into the urban area; and WHEREAS, the City Council also found that prohibiting social card games conducted as a commercial stimulant is an exercise of the City's police powers pursuant to legislative authorify per RCW 9.46.295 and in the best interest of the general health, safety, and welfare of the citizens of the City; and WHEREAS, the City Council also found that Ordinance No: 5250 had no . adverse environmental affect; and WHEREAS, the City Council also found that Ordinance No. 5250 was in harmony with the Comprehensive Plan; and WHEREAS, since the fime of the adoption of Ordinance No. 5250, a need for clarification of its terms has been identified, insofar as the language of Section 3 of Ordinance No. 5250 does not clearly indicate the legislative intent that any establishments licensed by the Washington State Gambling Commission and/or lawfully operating any type of gambling activity in the City as of June 7, 1999 may operate social card games as a commercial stimulant; and WHEREAS, it is appcopriate to amend the language of Ordinance No. 5250 to provide such clarification. - Ordinance No. 6361 April 22, 2011 Page3of6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO HEREBY ORDAIN THAT ORDINANCE - NUMBER 5250, ADOPTED JUNE 21, 1999, BE AMENDED AS FOLLOWS: Section 1. The City finds as set forth above. Section 2. In accordance with RCW 9.46.295 the operation or conduct of social card games by a person; association, or organization as. a commercial stimulant is prohibited within the City of Auburn; provided that bona fide charitable or nonprofit organizations may operate or conduct social card games if social card games have been duly licensed by the Washington State Gambling Commission and if they are otherwise operator conducted and in compliance with the Aubum City Code. - Section 3. Those establishments sufFefitly licensed by the. Washington State Gambling Commission or any other state regulatorv aqency that authorizes and licenses gamblinq activities and/of lawfully operating in the City as of June 7, . . 19991 may sen#+Fiuete-operate social card games as a commercial stimulanti provided that for the purposes hereof, the licenses referred to do not include licenses for punch-boards andlor pull-tabs. It is further provided that this ordinance does not authorize qambling activities to be increased to additional , ` locations not contiguous to and part of the same ownership of the existinq licensed activitv. Ordinance No. 6361 April 22, 2011 Page4of6 Section 4. Any person who violates or fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and punishable pursuant to Auburn City Code. Section 5. For the purposes of this ordinance the words and terms used herein shall have the same, meaning given to each pursuant to RCW Chapter 9.46, as the same may exist and from time to time be amended; and is set forth in the Rules of the Washington State Gambling Commission Chapter 230, Washington Administrative Code, the same may exist or hereafter be amended, unless otherwise specifically provide herein. Section 6. SEVERABILITY. If any provision of this ordinance or . _Ordinance No. 5250 is determined to.be invalid or unenforceable for any reason, the remaining provisions shall remain in force and in effect, and the moratorium established under Ordinance 5249 and Ordinance 5198 shall be in effect and shall run six (6) months 'from the date of the determination of invalidity or unenforceability. Section 7. EFFECTIVE DATE. This ordinance shall effect and be in force five (5) days from and after the passage, approval, and publication, as required by law. , ~ Ordinance No. 6361 ' April 22, 2011 Page5of6 INTRODUCED: JUN 2 0 2011 PASSED: ,1LiN 2 0 2011 ' APPROVED: ,IUN 2 0 2011 CITY OF AUBURN ~ PtiTER B. LEWIS, MAYOR U ATTEST , Danielle'E. Daskam, City Clerk APP D OR : D el . Heid, ' A o ne Published: JUN 2 8 2011~z~, r Ordinance No. 6361 April22, 2011 Page6of6