Loading...
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