HomeMy WebLinkAbout1525RESOLUTION NO. I 5d.S
A RESOLUTION of the City Council of the City
of Kent, Washington, imposing a moratorium on the
acceptance of applications for and the issuance of any
business license or any building, land use, or development
permit or approval for food or drink establishments
conducting commercial stimulant card games.
WHEREAS, a number of food or drink establishments conducting
commercial stimulant card games have opened recently in the King County area
including the City of Kent; and
WHEREAS, the City Council is concerned about the potential negative
secondary affects that such establishments may create that would be detrimental to
public health, safety and general welfare of the citizens of the City of Kent; and
WHEREAS, RCW 9.46.295 authorizes cities such as the City of Kent to
prohibit any or all the gambling activities authorized under Chapter 9.46 RCW;
and
WHEREAS, there is a possibility that the City could, in the near future,
receive more applications for such establishments that would significantly increase
the number of such uses located within the City; and
WHEREAS, the Kent City Code relating to food or drink establishments
conducting commercial stimulant card games may not adequately address the
1 Gambling Activity Moratorium
various impacts that these uses present and the protection of the public health,
safety, morals and general welfare would be jeopardized by the establishment of
such establishments prior to a review of the matter and possible adoption of new
regulations by the City Council; and
WHEREAS, other cities in the surrounding Seattle, Tacoma Metropolitan
region and elsewhere in the state have adopted ordinances relating to food or drink
establishments conducting commercial stimulant card games based upon the
impacts of such uses; and
WHEREAS, the citizens of Kent would be well-served if the City more
fully addressed and understood the potential affects in the form of health, safety,
economic and aesthetic impacts these uses impose upon neighboring properties in
the community as a whole; and
WHEREAS, the City needs time to review existing information on the
affects of these uses and to evaluate whether to permit these gambling activities in
the future and if so, review the Kent City Code in a comprehensive fashion to
determine whether it sufficiently addresses the impacts of such uses; and
WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums
provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, the City Council finds that the protection of the health, safety
and welfare supports imposing a moratorium on food and drink establishments
conducting commercial stimulant card games barring the acceptance of all
applications for issuance of any business license, or building, land use, or
development permit or approval under the Kent City Code for these establishments
2 Gambling Activity Moratorium
until additional review has been completed and any necessary code revisions have
been adopted by the Kent City Council; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals Incomorated. The recitals set forth in this
resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Moratorium. Due to the findings set forth herein and
as authorized pursuant to RCW 35A.63.220, the Kent City Council does hereby
declare a moratorium upon the acceptance of applications for and the issuance of
any business license, or any building, land use, or development permit or approval
(including variances and rezones), or any other permit, license, or approval
required to construct, install, relocate, or operate any food or drink establishment
conducting commercial stimulant card games as defined in Chapter 9.46 RCW or
described in the recitals of this resolution.
SECTION 3. Duration. The moratorium established herein is
established for a period of six months from the effective date of this resolution or
until the effective date of any ordinances establishing new regulations governing
food or drink establishments conducting commercial stimulant card games,
whichever is sooner, and during said moratorium, no business license and no
building, land use, or development permit or approval shall be issued nor shall any
such permit or license application be accepted for any such establishment as
defined in Chapter 9.46 RCW.
3 Gambling Activity Moratorium
SECTION 4. Public Hearing. Pursuant to RCW 35A.63.220, the
City Council shall hold a public hearing on this moratorium within sixty (60) days
of its adoption.
SECTION S. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 6. Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 7. Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PAS SED at a regular open public meeting by the City Council of ;_.p
the City ofKent, Washington, this o2 day of~~' 1999.
CONCURRED in by the Mayor of the City of Kent this
,J--
:;_ day
of~ ,1999.
4 Gambling Activity Moratorium
ATTEST:
APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of Resolution
No. /5;.5 passed by the City Council of the City of Kent, Washington, the
4_tvP day of,~ , 1999.
5 Gambling Activity Moratorium