Chapter 9.13
SOCIAL CARD GAMES

Sections:

9.13.010    Findings.

9.13.020    Prohibition.

9.13.030    No establishments currently licensed.

9.13.040    Violation – Penalty.

9.13.050    Definitions.

9.13.060    Severability.

9.13.010 Findings.

The city finds as follows:

A. The city had established a moratorium on the issuance of additional licenses by the State Gambling Commission of social card games conducted as a commercial stimulant for the purposes of studying its effects, and to receive public input; and

B. The city has reviewed the effects of casinos and gambling in other communities in the nation and received public input at its public hearings; and

C. During the public hearings both the general public and operators of social card games conducted as a commercial stimulant provided input to the city council; and

D. RCW 9.46.295 authorizes municipalities to prohibit certain gambling activities otherwise authorized; and

E. After receiving public input and being advised of the action taken by neighboring municipalities, the city deemed it to be in the public interest and welfare to prohibit certain social card games as defined in RCW 9.46.0282; and

F. The State Legislature in amendments to the State Gambling Act allowed certain enhanced card rooms which are commonly referred to as mini-casinos; and

G. As a result of this authorization, there has been established a number of mini-casinos in the south King County and Pierce County regions; and

H. There are adverse effects as the result of the establishment of the mini-casinos which include, but are not limited to, perceptions by residences and business of the negative effect that such mini-casinos would have and therefore do not desire to have a residence or a business in the same municipality where such exist; and

I. Under the Growth Management Act, GMA, the city is required to infill and provide high density development within its boundaries and the establishment of mini-casinos could be adverse to attracting occupants for such developments; and

J. The establishment of mini-casinos is not in harmony with the comprehensive plan as it has a negative effect on the attraction of business and residential development into the urban area; and

K. Prohibiting social card games conducted as a commercial stimulant is an exercise of the city’s police powers pursuant to legislative authority per RCW 9.46.295 and in the best interest of the general health, safety, and welfare of the citizens of the city; and

L. This chapter has no adverse environmental effect; and

M. This chapter is in harmony with the comprehensive plan. (Ord. 1423 § 1, 1999).

9.13.020 Prohibition.

In accordance with RCW 9.46.295, the operation or conduct of social card games as defined by RCW 9.46.0282 by a person, association, or organization for profit, gain, or as a commercial stimulant or otherwise is absolutely prohibited within the city of Milton. (Ord. 1423 § 2, 1999).

9.13.030 No establishments currently licensed.

There are no establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the city as of the date of the ordinance codified in this chapter. (Ord. 1423 § 3, 1999).

9.13.040 Violation – Penalty.

Any person who violates or fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and punishable pursuant to Milton Municipal Code. (Ord. 1423 § 4, 1999).

9.13.050 Definitions.

For the purposes of this chapter the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW, as the same may exist and from time to time be amended; and is set forth in the Rules of the Washington State Gambling Commission, WAC Title 230, as the same may exist or hereafter be amended, unless otherwise specifically provided herein. (Ord. 1423 § 5, 1999).

9.13.060 Severability.

If any provision of this chapter is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and in effect, and the moratorium established under Ordinance 1412 shall remain in effect and shall run six months from the date of the determination of invalidity or unenforceability. (Ord. 1423 § 6, 1999).