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Home My WebLink AboutITEM V-AcinoF_, AGENDA BILL AP PR~VAL F~RI~ . WASHINGTON Agenda Subject: Drdinance No. 6361 Date: May 11, 211 Department: Attachments: Budget Impact: Le al Drdinance No. 6361 Administrative Recommendation: City Council introduce and adopt Drdinance No. 6361. Background Summary: In 1999, the City Council adopted its Drdinance No. 5254 which restricted new card games gambling licenses for card games} within the City to only those establishments _ currently licensed by the Gambling Commission. The question has arose about the scope of that restriction, such that it is appropriate to provide clarification of the terms of Drdinance No. 5250. The clarification is provided In the proposed Drdinance No. 6361 so that card game activities can be pursued, and gambling licenses sought, by any establishment licensed, as of June,1999, to engage in any gambling related activity, other than punch boards and pull tabs, regulated by the Washington State Gambling Commission or any other state agency authorized to license and regulate any gambling related activities. Reviewed by Council ~ Committees: Reviewed by Departments 8~ Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&o ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Sere. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call far Public Hearing 1 1 Referred to Until I I Tabled Until I ! Councilmember: Backus Staff: Held Meeting Date: June 6, 2D1 ~ Item Number; UBURI~ ~ SORE THAN YOU tN~AGINED QRDINANCE NQ. fi 3 fi ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 525x, 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 ANDIOR LAWFULLY OPERATING IN THE CITY AS OF JUNE 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 T4 BE INVALID OR UNENFORCEABLE FOR ANY REASON WHEREAS, the City had previously established a moratorium on the issuance of additional licenses b the State Gamblin Commission of Social Y g Card Games conducted as a commercial stimulant for the purposes of studying its affects and to receive ublic in ut, in accordance with City of Auburn p p Ordinance Numbers 5198 and 5249; and WHEREAS, in connection therewith, the City reviewed th-e 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 Auburn Ordinance Numbers 5195 and 5249, both the general public and operators of social card games conducted as a commercial stimulant provided inputto the City Council; and WHEREAS, also in connection therewith, the Planning Commission reviewed and made recommendations to the City Council; and Ordinance No. 6361 Apri122, 2011 Page 1 of 5 1 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 Auburn Ordinance Numbers 5198 and 5249, and having been advised of the action . , taken by neighboring municipalities. the City deemed, it to~ be in the public interest and welfare to rohibit~certain social card games as defined in RCUV 9.46.0282; r p and .WHEREAS, the City Council, in Ordinance No. 5250, found that the State le islature in amendments ~to the State Gambling Act allowed certain enhanced 9 card rooms which are com~monly~ referred to asmini-casinos; and WHEREAS, ~ the City ~ Council also found ~ that as a result of this authorization ,there has been- established a number of mini~casinos in the South KingCounty Region; and WHEREAS the Cit Council also found that ,there are adverse affects as Y the result of .the establishment of the mini-casinos Which ~ include, but are not ' d to ~ erce ~tions~ b ~ residences and businesses of the negative. affect that lim~te , p p y ~uch mini-casinos would have and therefore do not desire to have a residence~or s a business in the same munici ality where such exist; and p WHEREAS, the City Council also found that under the Growth Mana ement Act GMA the Cit is re uired to infill and p~ovide~ high density . , g ~Y q meat within its boundaries and the establishment of mini-casinos could develop be adverse to attractin 'occupants for such developments; and 9 ordinance No. 6361 Aprii 22, 2011 Page 2 of ~5 > _ _ . WHEREAS, the City Council also found that the establishment of mini- . casinos is not in harmon with the Comprehensive Plan as it has. a negative Y affect on the attraction of business and residential development 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- ursuant to le islative authority per RCW 9.46.295 and in the best interest of the p g . eneral health, safe ~ ,and welfare of the citizens of the City; and 9 tY . WHEREAS; the City Council also found that Grdinance No. 5250 had no adverse environmental~affect; and WHEREAS -the Ci Council also found that Ordinance No. 5250 was in tY harmony with the Comprehensive Plan; and WHEREAS, since °the time of, the ,adoption of Grdinance No. 5250, a need for clarification of its terms has been identified, . insofar as the language, of Section e Nn. 5250 does not clearl~indicate the legislative intent that any 3 of Grdinanc Y stablish~ments licensed b the Washin ton State Gambling Commission andlor e. Y 9 lawful) o eratin an~ a of ~ ambling .activity in the City.as of June 1,1999 may Y P . 9 Y .tYp 9 o erate socialtl card games as a commercial. stimulant; and p WHEREAS it is a ro riate to~ amend the ~ language of Ordinance No. pp p 5250~to rovide such clarification: P Ordinance No. 6361 -April 22, 20,11 Page3of6 r- - . ~ NOVA, THEREFORE, THE CITY CGUNCIL OF THE CITY OF AUBURN, ~ , ~ KING- COUNTY UVASHINGTON, DO HEREBY ORDAIN .THAT ORDINANCE . . NUMBER 5250, ADO,PTED~~JUNE 21,1999, BE AMENDED AS FOLLOWS: Section The City~finds as set forth above. Section 2. In accordance with~~RCVU 9.46:295 the operation or conduct . of social ~ card times b a erson, association, o~ organization, as a commercial 9 Y p. stimulant is prohibited ''within ,the City of Auburn; provided 'that bona fide charitable or non rofit or ~anizations ma operate or.conduct social card games if p g Y social card times have been dul licensed b the Washington State Gambling g Y Y Commission and if they are otherwise operator conducted and in compliance with the ~Auburn~ City Code. Section 3. Those ~ establishments, licensed by~ the: Washington State .Gamblin Commission.or an other state re ulator a ~enc that authorizes 9 and licenses. amblin activities and~~ lawfully operating- in~ the -City as of June 1, 1999 ma ~^n+~~~~ .,o: erate social card ernes as ~a commercial stimulants Y p 9-. l ~ rovidedthat ~for:~lthe ur oses hereof ~ the. licenses referred, to do note include licenses for ~ unch~boards ~andlar:; : ull~tabs. It is further rovided that this . - . `rdinance dons .not ~ authorize amblin activities to be increased to additional 0 . locations ~nat Conti uous to and art of the same ~ownershi of the exist~n licensed activit . Ordinance No. 6361 April 22, 2011 -Page, 4 of 6~ . . i .Section 4. Any person who violates or fails to comply with the rovisions of this cha ter shall be guilty of~ a misdemeanor and. punishable p p pursuant to Auburn City Code. Section ~5. For the purposes of~-this ordinance the words and terms used • herein shall have •the same~meanin iven to each pursuant to RCW Chapter .9g. , 9.46 ..as the same ma exist and• from time to time be amended; and is set forth y in the Rules of the VlJashin ton State Gambling Commission Chapter 230, 9 ~Washin ton.~Administrative Code, the same may exist or hereafter be amended, . 9 ` unless othervuise specificaliy~provide herein. Section~fi. SEVERABILITY. ~ If an rovision of this ordinance or y p ~n nce No. 5250 is determined to be invafd or unenforceable for any reason, Ord a - the remainin ~ ~ revisions shall=remain ~in force and in effect, and the moratorium • g p ' 4 under-~rdin`ance 5249;and Grdinance 5198 shall be in effect and - established - shall run six 6 ~ moriths~` from the date of •~the~ determination of invalidity or - une~nforceability. Section EFFECTIVE DATE. This ordinance shall effect and be in ~da ~s from andafter. the assa e,• approval, and publication, as force five ~5} y p 9 . required by law. w . . . r . . r . . r . . r . . ~ . ~ Ordinance No. 6361 April 22, 2D11 . Page 5. of 6 .5 I _ _ - _ til t I INTRODUCED: PASSED: APPROVED: - CITY ~F AUBURN PETER. B. LEWIS, MAYaR ATTEST aniellerE.-Daskam, rCi Clerk D ~ APP ~ D 4R . D el . Heid, ~A o .n~e -Published: - Ordinance No. 63fi~ Apri12~2, : 1 ~ Page 6 'of ~6 - . i r~ . ~ ,._..~.._..a.w ^ ~