708 Adopt Ord 705CITY OF YELM
ORDINANCE NO. 708
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADOPTING
FINDINGS OF FACT IN SUPPORT OF ORDINANCE NUMBER 705 WHICH
ESTABLISHED AN IMMEDIATE SIX MONTH MORATORIUM, EFFECTIVE
JUNE 28, 2000, ON THE ESTABLISHMENT, LOCATION, OR PERMITTING
OF CARD ROOMS, GAMBLING ESTABLISHMENTS, AND GAME PARLORS
WITH ANY SOCIAL CARD GAMES.
WHEREAS, Ordinance No. 705 provided that the City of Yelm would hold a public hearing
on the moratorium on July 12, 2000, in order to consider the adoption of findings justifying the
moratorium; and
WHEREAS, the hearing was held as scheduled and, after considering all the testimony, if
any, received at the hearing, the City Council determined to adopt the findings of fact set forth in this
ordinance.
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
of the City, as discussed above justify the declaration of an emergency, and immediate moratorium;
now therefore,
THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Adoptin Fg findings of Fact. As required by state statute, RCW 36.70A.390 and
35A.63.220, the City Council hereby adopts the following finding of fact to justify the moratorium
established by Ordinance No. 705.
l . The state legislature and state gambling commission have recently expanded the
ability of gambling licenses to conduct social card games as a commercial stimulant
for the licensee's food and beverage business.
2. Under the statutory amendments and the new regulations adopted by the legislature
and the gambling commission, licensees may increase the number of tables devoted
to social card games from the prior limit of five tables per establishment to the new
limit of fifteen tables per establishment.
3. The change in regulations has led to a significant increase in the number of so-called
"mini-casinos" in the State of Washington. Although this is called a "pilot" program to
study the impacts of allowing such gambling, a huge increase in the number of these
establishments would occur without a study of the land use impacts of such uses on traffic,
parking, and other card-use related factors.
4. Cities which have zoned properties for restaurant uses, including the City of Yelm, have
done so by and large without taking into account the potential impacts of having mini-
casinos associated with said uses. The City of Yelm's zoning code was adopted prior to
the change in the gambling regulations and without consideration of the effect that
allowing fifteen tables of gambling in each restaurant within the City might have.
City of Yelm Ordinance No. 708 Page 1
Allowing social card rooms to proliferate, without studying the impacts of such uses in
conjunction with the permitted location of restaurants throughout the City's commercial
zones, could result in significant unmitigated impacts on adjacent land uses from parking,
traffic, and other secondary effects of such mini-casinos.
6. Because the City of Yelm needs time to study these issues and other legal issues
surrounding the location and local regulation ofmini-casinos associated with restaurant
uses, a moratorium is necessary for the public health, safety, property and peace, and
therefore should be imposed.
Section 2. Duration of Moratorium. For the reasons set forth in the foregoing findings, the
moratorium established by Ordinance No. 705 shall remain in effect through December 28, 2000, unless
sooner terminated by action of the City Council. The moratorium may be terminated upon adoption of
permanent regulations governing the location and/or operation of gambling establishments operating social
card games as a commercial stimulant to a food and beverage business, or upon other enactment of the City
Council. The moratorium may also be extended as provided by law.
Section 3. Existing Businesses. This moratorium shall not affect any existing businesses in their
current level of operations, nor shall if affect any applications for new or modified gambling activities that
have vested prior to the effective date of this ordinance.
Section 4. SeverabilitY.
If a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared
unconstitutional or invalid for any reason by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
If the provisions of this ordinance are found to be inconsistent with other provisions of the
City of Yelm Municipal Code, this ordinance is deemed to control.
Section 5. Effective Date. This ordinance, being the exercise of a power specifically delegated to
the City's legislative body, is not subject to referendum and shall take effect and be in full force five (5)
days after publication.
ADOPTED BY THE CITY COUNCIL ON JULY 12, 2000.
,~
Ka h n M. W lf, Mayor
AUTHENT[CATED: ~ (+~'~``' /' ~~~L~ZcL°~L
Agnes Bennick, City Clerk/Treasurer
Passed and Approved: July 12, 2000
Published: Nisqually Valley News, July 21, 2000
Effective Date: July 26, 2000
City of Yelm Ordinance No. 708 Page 2