HomeMy WebLinkAbout84-00 - Ord. Imposing Moratorium on Issuing Building Permits for Card Rooms ORDINANCE N .
MORATORIUM AND DECLARING THAT THIS MORATORIUM BECOMES
AN ORDINANCE IMPOSING A MORATORIUM ON THE ISSUANCE OF BUILDING
PERMITS OR OTHER DEVELOPMENT PERMITS FOR CARD ROOMS WITHIN
THE UNINCORPORATED AREAS OF MASON COUNTY TO BE EFFECTIVE FOR A
PERIOD OF SIX MONTHS ; SETTING A DATE FOR A PUBLIC HEARING ON THE
MORATORIUM AND DECLARING THAT THIS MORATORIUM BECOMES
EFFECTIVE IMMEDIATELY UPON ADOPTION.
WHEREAS , beginning in 1996 , a series of changes were made by the Washington State
Legislature and the Washington State Gambling Commission in the operation of licensed card
rooms under RCW 9 . 46 by increasing the number of tables a card room may operate from five to
fifteen, and in 1997 house banks or player-funded banking games were authorized through
legislation; and
WHEREAS , these enhanced card rooms are now known in the media as mini -casinos ; and
WHEREAS , there has been a substantial increase in the number of applications for such
gambling uses in Washington State ; and
WHEREAS , RCW 9 , 46 . 295 states that cities and counties may absolutely prohibit gambling
activities authorized by state law, while RCW 9 . 46 . 285 sets forth the state ' s exclusive authority
to regulate gambling establishments ; and
WHEREAS , applications have been received for enhanced card rooms to be located in Olympia,
Lacey, and Tumwater; and
WHEREAS , the Washington State Gambling Commission allows applicants to switch locations
unless a moratorium is in place ; and
WHEREAS , the City of Tumwater and eight other jurisdictions have adopted moratoria on the
establishment, location, or permitting of card rooms ; and
WHEREAS , forty-two jurisdictions have adopted ordinances prohibiting gambling activities ;
and
WHEREAS , the adoption of moratoria ordinances and ordinances prohibiting card rooms in
other jurisdictions potentially shifts card room activity to jurisdictions without such ordinances ;
and
WHEREAS , in light of the potential for enhanced card room permit applications for the
unincorporated areas of Mason County and the possibility of changes in the regulations of
permits for certain gambling activities by the State of Washington, the County should be afforded
time to review the issue of gambling uses , to assess impacts of such uses on the community, and
to develop appropriate related local regulations ; and
WHEREAS , RCW 36 . 70A . 390 authorizes counties to adopt a moratorium on such development
and to hold a public hearing on the moratorium within 60 days of the commencement of the
moratorium ; and
WHEREAS , a moratorium was implemented on February 22 , 2000 with the adoption of
Ordinance No . 15 - 00 ; and
WHEREAS , a public hearing was held on April 4 , 2000 as required by RCW 36 . 70A . 390 ; and
WHEREAS , more time is needed to complete the ordinance and present it through the public
process ;
WHEREAS , RCW 36 . 70A . 390 provides for the renewal of a moratorium adopted under this
section if a subsequent public hearing is held and findings of fact are made prior to each renewal .
WHEREAS , the Mason County Board of Commissioners finds that the best interests of the
County would be served if the Board imposed a moratorium barring the permitting of card
rooms , gambling establishments , and game parlors with any social card games until such matter
has been carefully reviewed and the necessary code provisions are ready for adoption; and
WHEREAS , the Board finds that the moratorium imposed by this ordinance is necessary for the
protection of the public health, safety, property, or peace .
NOW, THEREFORE , THE MASON COUNTY BOARD OF COMMISSIONERS , STATE
OF WASHINGTON, DOES ORDAIN AS FOLLOWS :
* The Mason County Board of Commissioners hereby amend Ordinance No . 15 - 00
to extend by six months the effective period of the moratorium whereby the
county imposed a moratorium on the establishment, location, or permitting of
card rooms , gambling establishments, and game parlors with any social card
games with the unincorporated area of Mason County . During the term, unless
earlier terminated by ordinance , the County will not accept applications for
building permits or other relevant permits for the location of or establishment of
card rooms , gambling establishments, and game parlors with any social card
games in the County.
* The six-month extension becomes effective immediately upon adoption of this
ordinance unless repealed, extended, or modified by the Board pursuant to RCW
36070 . 3900
* Pursuant to RCW36 . 70A . 390 , the Board of County Commissioners will hold a
public hearing on this moratorium on Tuesday, , 2000 , at yak,,
Immediately after the public hearing the Board shall adopt finding of
fact on the subject of this moratorium .
ADOPTED THIS Day of , 2000
ATTEST . BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
L RK OF THE BOARD C AIRPERSON
AP OVED T ORM :
V 8 A
DEPUTY PROS . ATTORNEY COMMI ,SIONER
C®MMI ONE � �°� .