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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