HomeMy WebLinkAbout1526RESOLUTION NO. /.5 ~0
A RESOLUTION of the City Council of the City
of Kent, Washington, adopting findings of fact and
continuing 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, RCW 34A.63.220 authorizes cities to adopt moratoriums
provided a public hearing is held within sixty ( 60) days of adoption; and
WHEREAS, on February 2, 1999, the City Council adopted Resolution
No. 1525 imposing a moratorium barring the acceptance of all applications for the
issuance of any business license, or building, land use, or development permit or approval
under the Kent City Code for food or drink establishments conducting commercial
stimulant card games as defined in Chapter 9.46 RCW until additional review has been
completed and any necessary code revisions have been adopted by the Kent City Council;
and
WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium
shall adopt findings of fact immediately after the public hearing held within sixty (60)
days of adoption ofthe moratorium; and
WHEREAS, a public hearing was held on Tuesday, March 2, 1999 before
the Kent City Council; and
Moratorium Continuation
WHEREAS, the City Council believes it is in the best interest of the City
to continue the moratorium for the protection of the public health, safety and general
welfare of the community; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Findings of Fact Incorporated. The recitals set
forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Findings of Fact. The Kent City Council hereby adopts the
following Findings of Fact:
1. 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
2. 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
3. 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
4. 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
5. The Kent City Code relating to food and drink establishments conducting
commercial stimulant card games may not adequately address the various impacts that
these uses present and the protection of the public health, safety, 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
6. 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
2 Moratorium Continuation
7. The State legislature is currently considering bills relating to concerns
over the rampant growth of these types of establishments throughout the State; and
8. 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
9. 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.
SECTION 3. Continuation of Moratorium. Based on the Findings of Fact
adopted in Section 2, the City Council hereby determines that it is necessary for the
moratorium enacted in Resolution No. 1520 to remain in effect for the entire 180-day
period set forth in Resolution No. 1520. Accordingly, the moratorium shall not expire
until midnight on August 1, 1999, unless the moratorium is shortened or extended by
action of the City Council or until the effective date of any ordinance establishing new
regulations governing food or drink establishments conducting commercial stimulant
card games as defined in Ch. 9.46 RCW, which ever 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.
SECTION 4. 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 5. Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
3 Moratorium Continuation
PASS ED at a regular open public meeting by the City Council of the City of
Kent, Washington, this ,.,2"'/) day of Lylivuz.L , 1999.
~
CONCURRED in by the Mayor of the City of Kent this rk· day of
11LM~ , 1999.
ATTEST:
CLERK
APPROVED AS TO FORM:
~ ..
<:. ~------------
UBOVICH, Clr¥ ATTORNEY. ___ ,_:::__::_~
I hereby certify that this is a true and correct copy of Resolution No. 15d..C:>
passed by the City Council of the City of Kent, Washington, the ,;) ,-.cl) day of
~~ ,1998.
P :\Civii\Resolution\establishment do-.;
4 Moratorium Continuation