HomeMy WebLinkAboutR-2002-079 Finding of Facts in Support of the Six-Month Moratorium on Social Card Games (house-banked card rooms)RESOLUTION NO. R-2002- 79
A RESOLUTION of the City of Yakima, Washington, adopting findings of fact in support
of Ordinance No. 2002-37, which established a six-month moratorium
effective July 21, 2002, and continuing through January 20, 2003, on the
filing and acceptance of development applications for, and the location
of, land uses operating or conducting certain social card games (i.e.,
house -banked card rooms).
WHEREAS, Ordinance No. 2002-37 specified that the City of Yakima held a public
hearing on a proposed moratorium on land uses associated with certain social card games
(house -banked card rooms) on June 18, 2002, in order to consider said moratorium and on the
adoption of findings, if any, justifying said moratorium; and
WHEREAS, notice of the public hearing on June 18, 2002, was provided in advance of
the hearing; and
WHEREAS, the hearing was held as scheduled, . and after considering all of the
testimony received at the hearing, the City Council determined to adopt findings of fact
consistent with those set forth in the attached and incorporated "Findings of Fact in Support of
City of Yakima Ordinance No. 2002-37" in support of said moratorium; and
WHEREAS, the City Council also held study sessions on house -banked card rooms on
June 4, 2002 and June 11, 2002, at which time the Council heard from members of the public
and received written materials; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
As required by state statute, RCW 36.70A.390, the City Council hereby adopts the findings of
fact set forth in the attached and incorporated "Findings of Fact in Support of City of Yakima
Ordinance No. 2002-37."
ADOPTED BY THE CITY COUNCIL this 2nd day of July, 2002
ATTEST:
By KalLe-v,---
City Clerk
/74(
ry Place, Mayor
FINDINGS OF FACT IN SUPPORT OF
CITY OF YAKIMA ORDINANCE NO. 2002-37
The following shall constitute findings of fact in support of City of
Yakima Ordinance No. 2002-37 pursuant to RCW 36.70A.390, or other applicable
law:
1. The state legislature and the state gambling commission have expanded
the ability of gambling licensees to conduct social card games as a commercial stimulant
for the licensees' food and beverage businesses;
2. Under the statutory amendments and the new regulations adopted by the
legislature and the gambling commission, licensees may increase the number of tables
devoted to social card games up to fifteen and may engage in "house banked" gaming
activities;
3. These changes in regulations and law have led to a significant increase in
the number of so-called "mini casinos" in the State of Washington. An uncontrolled
increase in the number of these establishments within the City of Yakima should not
occur without an opportunity for the City to study the land use impacts of these
establishments including impacts on traffic, parking, and other related factors;
4. The City of Yakima's zoning code was adopted prior to the changes in
state law and the gambling regulations described above. Allowing enhanced social
card rooms to proliferate within the City without studying the impacts of such uses in
conjunction with the location of other land uses throughout the City's zoning districts
could result in significant adverse unmitigated impacts on adjacent land uses. Because
the City of Yakima needs time to study these issues and other legal issues surrounding
the location and development regulation of social card rooms, it is appropriate to adopt
a six-month moratorium; and,
5. The City of Yakima needs to carefully consider how best to coordinate its
concerns over the potential growth of social card rooms with neighboring jurisdictions,
including Yakima County and the Cities of Selah and Union Gap.
DATED this ____ day of July, 2002.
Mary Place, Mayor
ATTEST:
By
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of July 2, 2002
ITEM TITLE: Consideration of (A) a resolution of the City of Yakima,
Washington, adopting findings of fact in support of Ordinance No.
2002-37, which established a six-month moratorium effective
July 21, 2002, and continuing through January 20, 2003, on the filing
and acceptance of development applications for, and the location of,
land uses operating or conducting certain social card games
(i.e., house -banked card rooms); and (B) findings of fact in support
of City of Yakima Ordinance No. 2002-37.
SUBMITTED BY: William R. Cook, Director of Community and
Economic Development Department; and
Helen A. Harvey, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and
Planning Manager (509) 575-6121
SUMMARY EXPLANATION: After two City Council Study Sessions on June 4, 2002, and
June 11, 2002, Council members directed staff to draft legislation for a six-month moratorium on
social card games (house -banked card rooms). A public hearing was held on June 18, 2002, on
the moratorium. At the City Council meeting on June 18, 2002, the City Council approved
Ordinance No. 2002-37, which enacted a six-month moratorium. The Ordinance was published
on June 21, 2002, will become effective on July 21, 2002, and will continue for six months through
January 20, 2003. RCW 36.70A.390 provides that the governing body shall adopt findings of fact
justifying its action on the moratorium. Attached is a resolution adopting findings of fact, as
well as the findings of fact justifying the moratorium.
Resolution X Ordinance Other X Findings of Fact in Support of City of Yakima
Ordinance No. 2002-37 Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: This is a Council Policy issue.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-79