HomeMy WebLinkAbout5250 ORDINANCE NO. 5 2 5 0
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROHIBITING SOCIAL CARDS 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 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; and
WHEREAS, the City has 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 both the general public and
operatom of social card games conducted as a commercial stimulant provided
input to the City Council; and
WHEREAS, the Planning Commission has reviewed and made
recommendations to the City Council; and
WHEREAS, RCW 9.46.295 authorizes municipalities to prohibit certain
gambling activities otherwise authorized; and
Ordinance No. 5250
June 14, 1999
Page 1
WHEREAS, after receiving public input and being advised of the action
taken by neighboring municipalities the City deemed it to be in the public
interest and welfare to prohibit certain social card games as defined in RCW
9.46,0282; and
WHEREAS, 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, as a result of this authorization there has been established a
number of mini-casinos in the South King County Region; and
WHEREAS, 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, under the Growth Management Act, GMA, the City is
required to in~ll 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. 5250
June 14, 1999
Page 2
WHEREAS, 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 development into the urban area; and
WHEREAS, prohibiting social card games conducted as a commercial
stimulant is an exercise of the City's police powers in pursuant to legislative
authority 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, this Ordinance has no adverse environmental affect; and
WHEREAS, this Ordinance is in harmony with the Comprehensive Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. The City finds as setforth 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 non-profit 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 Auburn City Code.
Ordinance No. 5250
June 14, 1999
Page 3
Section 3. Those establishments currently licensed by the Washington
State Gambling Commission and/or lawfully operating in the City as of June 7,
1999 may continue to operate social card games as a commercial stimulant.
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
setforth 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 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. 5250
June 14, 1999
Page 4
INTRODUCED: June 21, 1999
PASSED: June 21, 1999
APPROVED: June 2], ]999
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5250
June 14, 1999
Page 5