HomeMy WebLinkAbout120A-02 - Ord. Imposing Moratorium on Issuance of Building Permits or Development Permits for Card Rooms ORDINANCE NUMBER 120A - 02
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
TO THE DATE OF DECEMBER 17 , 2002
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 room under RCW
9 . 46 , by increasing the number of tables a card room may operate from five to fifteen, and in 1997
by authorizing through legislation house banks or player-funded games ;
WHEREAS , these enhanced card rooms are now known in the media as mini- casinos ;
WHEREAS , there has been a substantial increase in the number of applications in Washington for
such gambling activities authorized by state law :
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 ;
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, Mason County should be afforded time
to review the issue of gambling uses in the county, to assess impacts of such uses on the community,
and to develop appropriate related local regulations for these activities ;
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF MASON COUNTY DOES
HEREBY ORDAIN as follows :
Section 1 . There is established an additional four month extension of Ordinance No . 89 -01 from
August 27 , 2002 to December 17 , 2002 . Ordinance No . 89- 01 provides for a moratorium on the
establishment, location or permitting of card rooms, gambling establishments, and game parlors with
any social card games within the unincorporated area of Mason County. During the term of this
moratorium, unless earlier terminated by ordinance, the County will not accept applications for
building permits or other relevant permits for the establishment or location of card rooms, gambling
establishments , and game parlors with any social card games on properties within the unincorporated
area of Mason County.
ORDINANCE # 120A - 02 , Page Two
Section 2 . The Board adopts by incorporation the previously approved findings of fact for Ordinance
No . 20 -01 .
DATED this 20th day of August, 2002 .
Board of Commissioners
Mason County, Washington
ATTEST :
Wesley E . f ohnson, Chair Clerk of the Board
APPROVED AS TO FORM : 3
Herb Baze, Commissioner
L�
Prosecuting Attorney
Bob Holter, Commissioner
ORDINANCE NUMBER 20-01
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
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 room 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 games were authorized through legislation,
WHEREAS , these enhanced card rooms are now know in the media as mini- casinos ;
WHEREAS, there have been a substantial increase in the number of applications for such gambling
activities authorized by state law :
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 ;
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 Wasngton, 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,
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF MASON COUNTY DO
HEREBY ORDAIN as follows :
Section 1 . Effective immediately, there is established a six month moratorium on the establishment,
location or permitting of card rooms, gambling establishments, and game parlors with any social card
games within the unincorporated area of Mason County. During the term of this moratorium, unless
earlier terminated by ordinance, the County will not accept applications for building permits or other
relevant permits for the establishment or location of card rooms, gambling establishments, and game
parlors with any social card games within the unincorporated area of Mason County.
Section 2 . The Board adopts the proposed findings of fact as Attachment A in support of this action
and authorizes the Chair to sign on behalf of the Board .
Section 3 . Pursuant to RCW 36 . 70A. 390 , the Board will hold a public hearing on this moratorium
on Tuesday April 17 , 2001 , at 9 : 30 a . m .
ORDINANCE #20-01 , PAGE 1
DATED this 27th day of February, 2001 .
Board of Commissioners
Mason County, Washington
ATTEST :
Herb Baze, Commissioner Jerk of the Board
� ;O p S ZORMMary Jo Cady, Commissioner
� ; Prosecuting Attorney
Wesley Edohnsoniconumssioner
ORDINANCE 20-01 , PAGE 2
ATTACHMENT A - PAGE 1
MASON COUNTY BOARD OF COMMISSIONERS
FINDINGS OF FACT
A. Beginning in 1996 , a series of changes were made by the Washington State
Legislature 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, bank or player-funded banking games were authorized through
legislation .
B . These enhanced cards rooms are now known in the media as mini -casinos .
C . There has been a substantial increase in the number of applications for such
gambling uses in Washington State .
D . There are currently fourteen pending applications with the Washington State
Gambling Commissi
on .
on .
E . Two of the pending applications are for card rooms in Lacey, one is for Olympia,
and eleven pending applications have not yet specified the location for their card
rooms .
F . The Washington State Gambling Commission allows applicants to switch
locations unless a prohibition is in place.
G: RCW 9 .46 . 295 states that cities and counties may absolutely prohibit gambling
activities authorized by state law, while 9 . 46 .285 sets forth the state ' s exclusive
authority to license and regulate gambling establishments .
H. The City of Tumwater and eight other jurisdictions have adopted moratoria on
41
the establishment, location, or permitting of card rooms .
I . FortyAwo jurisdictions have adopted ordinances prohibiting gambling activities .
J. The city of Lacey adopted an ordinance December 2 , 1999 prohibiting card
rooms .
K. The adoption of moratoria ordinances and ordinances prohibiting card rooms in
other jurisdictions potentially shifts card room activity to jurisdictions without
such ordinances .
ORDINANCE 20-01 , PAGE 3
ATTACHMENT ATrACHMENT A - PAGE 2
L . In light of the potential for enhanced card room permit applications for the
unincorporated areas of Thurston County and the possibility of changes in the
regulation 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 .
M. The Board 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 ready for
adoption.
N. The Board finds that the moratorium imposed by this ordinance is necessary for
the protection of the public health, safety, property, or peace .
Chair Date
Mason County Board of Commissioners
ORDINANCE #20-01 , PAGE 4