1822 - Ordinance - Moratorium on Card Rooms, Gambling Establishments and Game ParlorsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held June 11, 2001.
ORDINANCE NO. 1022
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
ADOPTING AN IMMEDIATE MORATORIUM ON THE
ESTABLISHMENT, LOCATION, OR PERMllTlNG OF CARD ROOMS,
GAMBLING ESTABLISHMENTS, AND GAME PARLORS WITH ANY
SOCIAL CARD GAMES; REQUIRING A PUBLIC HEARING TO BE
HELD; AND DECLARING THIS ORDINANCE A PUBLIC EMERGENCY
ORDINANCE AND THUS EFFECTIVE IMMEDIATELY
Copies of Ordinance No. 1822 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1822 will be
provided at a nominal charge.
Publish: Port Orchard Independent
June 20,2001
Kitsauleeals~suunduublishine.com
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ORDINANCE NO. 1822
AN ORDINANCE OF THE CITY PORT ORCHARD,
WASHINGTON, ADOPTING AN IMMEDIATE MORATORIUM
ON THE ESTABLISHMENT, LOCATION, OR PERMITTING OF
CARD ROOMS, GAMBLING ESTABLISHMENTS, AND GAME
PARLORS WITH ANY SOCIAL CARD GAMES; REQUIRING
A PUBLIC HEARING TO BE HELD; AND DECLARING THIS
ORDINANCE A PUBLIC EMERGENCY ORDINANCE AND
THUS EFFECTIVE IMMEDIATELY
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 meen 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, communities across Washington State, are searching for ways to slow
down the gambling uses within their corporate limits because gambling uses may not be
compatible with residential or other uses; and
WHEREAS, the City Council is concerned that enough factual analysis has not been
done in order to determine the impact of gambling upon the Ci infrastructure and the social
consequences; and
WHEREAS, the City Council wants to provide sufficient time to develop sufficient facts
upon which to make an informed decision;
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, but is silent on the power of cities
to limit by zoning the location of such gambling establishments; and
WHEREAS, in light of the influx of permit applications and the possibility of changes
in the regulation of permits for certain gambling activities by the State of Washington, the City
should be afforded time to review the issue of gambling uses and develop appropriate related
local regulations; and
WHEREAS, the location of such card rooms, gambling establishments, and game
Ordinance No. 1822
Page2of 3
parlors with any social card games in certain areas of the City may cause serious adverse
impacts to the surrounding neighborhoods and its citizens; and
WHEREAS, RCW 35.63.200 authorizes the City to adopt a moratorium on such
development and to hold a public hearing within 60 days after its adoption; and
WHEREAS, the City Council finds that the moratorium imposed by this Ordinance is
necessary for the protection of the public health, safety, property, or peace; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, KITSAP COUNTY,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. There is hereby imposed a moratorium on the establishment, expansion,
location, relocation or permitting of card rooms, gambling establishments, and game parlors
with any social card games. "Social Card Games" is defined as provided in RCW 9.46.0282.
During the term of this moratorium, unless earlier terminated by ordinance, the City will not
accept business, building, land use and development permit applications for the location,
relocation or establishment of card rooms, gambling establishments, and game parlors with
any social card games in the City.
Section 2. Notice of and hearing on this Ordinance, in the normal course, would
undermine effective City planning by allowing business, building, and land use permit
applications for card rooms, gambling establishments, and game parlors with any social card
games submitted between the time notice was published and the time the ordinance was
adopted, to vest in City regulations which may be inadequate to protect the public health,
safety, and general welfare. There is hereby declared an emergency and the six-month
moratorium, therefore, imposed by this Ordinance shall become effective immediately upon
passage of this Ordinance, unless repealed, extended, or modified by the City Council after
subsequent public hearings and entry of appropriate findings of fact pursuant to RCW
35.63.200.
Section 3. Pursuant to RCW 35.63.200, the City Council will hold a public hearing
on this moratorium on July 23,2001, for the purpose of taking testimony and adopting written
findings and conclusions on the subject of this moratorium and either justify its continued
imposition or cancel the moratorium.
Section 4. This moratorium shall not affect any existing businesses in their current
level of operations at their current locations, nor shall it affect any applications for new or
modified gambling activities that have vested prior to the effective date of this Ordinance.
Section 5. The City Council directs the Mayor to initiate a study involving staff to
develop proposed changes to the Port Orchard Municipal Code governing the establishment,
location or continued allowance of existing and additional card rooms, gambling
establishments, and game parlors with any social card games.
Ordinance No. 1822
Page 3 of 3
Section 6. Any person violating any provision of this Ordinance shall have
committed a gross misdemeanor and, upon conviction thereof, shall be punished by a fine
in an amount not to exceed $5,000.00, or imprisonment for a term not to exceed one year,
or by both such fine and imprisonment.
Section 7. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause, or phrase of this Ordinance.
Section 8. This ordinance is hereby designated as a Public Emergency Ordinance
necessary for the protection of public health, safety, public property or the public peace and
shall be effective upon adoption.
Introduced the 1 I”’ day of June, 2001
Adopted by a vote of six affirmative votes and one negative vote by the City Council
on the 11 th day of June, 2001.
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MAYOR
ATTEST#
Patricia Parks, City Clerk