726 6-month Ext of Moratorium on GamblingCITY OF YELM
ORDINANCE NO. 726
AN ORDINANCE of the City of Yelm, Washington, adopting findings in
support of asix-month extension of a moratorium on the establishment,
location, or permitting of card rooms, gambling establishments, and game
parlors with any social card games established by Ordinance No. 705 and
as required by statute.
WHEREAS, the City Council enacted asix-month moratorium on the
establishment, location, or permitting or card rooms, gambling establishments, and game
parlors with any social card games pursuant to Ordinance No. 705 on June 28, 2000; and
WHEREAS, the City Council has conducted a public hearing on December
13, 2000 to consider the extension of the moratorium for asix-month period through June
28, 2001.
NOW, THEREFORE, the City Council of the City of Yelm, Washington, do
ordain as follows:
Section 1. Adoption of Findings. As required by state statute, RCW
36.70A.390 and 35A.63.220, the City Council hereby adopts the following findings of fact
in support of the extension of the moratorium established by Ordinance No. 705 for asix-
month period through June 28, 2001.
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
City of Yelm Ordinance No. 726 Page 1
regulations and without consideration of the effect that allowing fifteen tables
of gambling in each restaurant within the City might have.
5. 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 additional time to study these issues and
other legal issues surrounding the location and local regulation of mini-
casinos associated with restaurant uses, the extension of a moratorium is
necessary for the public health, safety, property and peace, and therefore
should be imposed.
7. Extension of the moratorium for asix-month period would be consistent with
the City's work plan on related studies.
Section 2. Moratorium. For the reasons set forth in the foregoing findings,
the moratorium established by Ordinance No. 705 shall be extended for asix-month
period through June 28, 2001, 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 in state law.
Section 3. 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.
PASSED BY THE CITY COUNCIL ON DECEMBER 13, 2000.
c~
Kat n M. olf, Mayor '
ATTEST:
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G' ~ 'gin
Agn Bennick, City Clerk/Treasurer
Passed and Approved: December 13, 2000
Published: Nisqually Valley News, December 22, 2000
Effective Date: December 27, 2000
City of Yelm Ordinance No. 726 Page 2