HomeMy WebLinkAbout1987-3032 PROHIBITING CERTAIN GAMBLING ACTIVITIES ��^� 3 o�
ORDINANCE NO. ���� ����
AN ORDINANCE relating to licenses and business regulations;
prohibiting certain gambling activities in the
event that the gambling tax is declared unoon-
stitutional; and enacting Section 5.49.025 of
���v the City of Yakima Municipal Code.
WHEREAS, the City of Yakima is currently defending
its gambling tax from constitutional challenges, and
WHEREAS, the City Council has allocated all gambling
tax revenues to the Police Department both for the
enforcement of gambling laws and for other public
safety purposes, and
WHEREAS, the City and its Police Department will have
less revenue with which to enforce the gambling laws
enacted by the State of Washington and codified in
RCW 9.46 and protect the public safety if the gam-
bling tax is declared unconstitutional, and
WHEREAS, it is highly probable that both legal and
illegal gambling will proliferate if the funding for
the City of Yakima Police Department to enforce State
gambling laws is decreased, and
WHEREAS, the proliferation of legal and illegal
gambling will also result in an increase of other
serious criminal activity requiring the involvement
of the City of Yakima Police Department, and
WHEREAS, the City of Yakima wishes to prevent this
threat to public safety and civil order in the event
that the City of Yakima's gambling tax is declared
unconstitutional; pow, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.49.025 of the City of Yakima
Municipal Code is hereby enacted as a new section to read as
follows:
"5.49.025 Prohibition of Certain Gambling Activities
if Gambling Tax is Unconstitutional.
A. If it is determined by a court of competent
jurisdiction, in a judgment not subject to review,
that all or any part of the gambling taxes set forth
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in Section 549:020 "of the City of Yakima Municipal
Code, or the application of those taxes, are uncon-
stitutional, to the end that a judgment invalidates
some or all of the tax, prospectively or retroactive-
. ly or refunds are required; then, beginning on the
day the judgment becomes final, the following gam-
bling activities shall be prohibited within the City
of Yakima:
1. Punchboards, as defined in RCW 9.46.020(18);
2. Pulltabs, as defined in RCW 9.46.020(18);
3. Social card games, as defined in RCW
9.46.020(20); and
4. Public cardrooms, as defined in RCW
• 9.46.020(20).
B. Nothing in this section shall affect the
conduct of any other gambling activities authorized
by the State of Washington.
Section 2. This ordinance shall be in full force and
effect thirty days after its passage, approval, and publication
as provided by law and by the City Charter.
•
PASSED BY THE CITY COUNCIL, signed and approved this
__ day of , 1987.
O
44 it , .
r
Mayor
ATTEST:
A rt - -L._.,-.
City Clerk
Publication Date: July 24,. 1987 •
Effective Date; August 23, 1987
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