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HomeMy WebLinkAbout5249 ORDINANCE NO. 5 2 4 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, EXTENDING A MORATORIUM ON THE FILING OF APPLICATIONS FOR BUSINESS LICENSES AND BUILDING PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING COMMERCIAL STIMULANT CARD GAMES AND DECLARING AN EMERGENCY. WHEREAS, the City enacted Ordinance No. 5198 established a moratorium on commercial stimulant card games, and WHEREAS, the City is currently in the process of reviewing and amending its zoning and land use code; and WHEREAS, the City recently authorized interim zoning ordinances on specific areas; and WHEREAS, as part of this process, the City is evaluating whether it will permit gambling activities in the future; and WHEREAS, the City desires to continue to preserve the status quo by establishing a moratorium on the filing of applications for business licenses for food or drink establishments conducting commercial stimulant card games; and WHEREAS, this moratorium is consistent with the comprehensive plan and has no adverse current affect; and Ordinance No. 5249 June 7, 1999 Page 1 WHEREAS, an emergency is declared to exist to allow the immediate effectiveness of this Ordinance to treat all parties equally to protect public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. MORATORIUM ESTABLISHED. A moratorium is continued effective immediately upon adoption of this Ordinance, upon the filing of applications for business licenses, building permits or any other permits or approvals required for food or drink establishments conducting commercial stimulant card games. No such applications shall be accepted during the effective period of this moratorium. Section 2. BUSINESS LICENSE REQUIRED. Any existing food or drink establishment that has been issued a business license shall be required to apply for an additional business license to conduct commercial stimulant card games on the premises. Section 3. 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shall become effective as set forth in Section 5 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Ordinance No. 5249 June 7, 1999 Page 2 Section 4. SEVERABILITY. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or invalid for any reason, or should any portion of this Ordinance be pre-empted 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. 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. Section 6. HEARING DATE. A public hearing shall be held on this moratorium June 21, 1999. INTRODUCED: ~Tur~e 7, 1999 PASSED: 3Gne 7, 1999 APPROVED: ,TLme 7, 1999 CHARLES A. BOOTH MAYOR Ordinance No. 5249 June 7. 1999 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5249 June 7, 1999 Page 4