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Resolution No. 2008-22

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City Council Special Meeting minutes of August 11 2008

AMENDED
RESOLUTION NO. 2008-22

A RESOLUTION of the City Council of the City of Lakewood, Washington, directing the City Clerk to file with the Pierce County Auditor a ballot measure regarding a prohibition on cardrooms.

WHEREAS, the City Code for the City of Lakewood provides for the exercise of Initiative and Referendum; and

WHEREAS, citizens of Lakewood have petitioned the City to prohibit gambling within the City of Lakewood; and

WHEREAS, pursuant to RCW 35A.11.100, the necessary number of signatures to require action on the part of the City of Lakewood, an Optional Code City, is 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election; and

WHEREAS, 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election at this time is 3,707; and

WHEREAS the petition has been certified by the County Auditor to include 4,026 valid signatures thus requiring action on the part of the City, either by adopting the petition as an ordinance for the City of Lakewood or placing it on the ballot at the next general election by resolution; and

WHEREAS, the City Council for the City of Lakewood remains committed to following the will of the voters which is best measured in the form of an election and has directed staff to prepare a legally sufficient resolution to place this matter on the ballot; and

WHEREAS, the Council, as the legislative body for the City of Lakewood, must formally place the ballot measure before the voters along with an Explanatory Statement through an Ordinance; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES as follows:

Section 1. Findings. The City Council hereby finds and declares a ballot measure for the General Election on November 4, 2008 is required by state law given the petition certified by the County Auditor on August 5, 2008.

Section 2. Election. It is hereby found that in order to comply with state law the Council must authorize the ballot measure as described in Section 2 at an election to be held on the 4th day of November, 2008. The Pierce County Auditor as ex officio supervisor of elections is hereby requested to assume jurisdiction of and to call and conduct said election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth.

The City Clerk is hereby authorized and directed, not less than 84 days prior to November 4, 2008, to certify the following proposition to the Pierce County Auditor in substantially the following form:

CITY OF LAKEWOOD

CARDROOMS (?MINICASINOS?) PROHIBITED

BALLOT MEASURE

The Lakewood City Council submits the following question to the voters of the City of Lakewood regarding the prohibition of cardrooms in the city: Should licensed gambling in the form of the conduct or operation of social card games as commercial stimulants (commonly known as ?minicasinos?) be prohibited in the City of Lakewood?

YES??????..

NO??????.. 

EXPLANATORY STATEMENT

Under State law social card games are allowed as a commercial stimulant to other business such as restaurants. There are currently four (4) businesses in the City of Lakewood using social card games as commercial stimulant. These businesses are commonly referred to as ?minicasinos?.

In FY 2007 tax revenue generated by ?minicasinos? was $2.907 million. Pursuant to state law, this revenue shall be used primarily for enforcement of the provisions of state gambling regulations. These businesses are all located within a half mile of the I-5 corridor.

State law preempts the ability of the City to control the number of these businesses: the City may either ban them entirely or allow them subject only to state licensing requirements. The City can, however, conduct usual zoning control over types of development such as commercial versus residential and ?minicasinos? cannot be established where commercial development is not allowed.

The ballot measure, if passed, would require existing licensed card rooms, commonly known as ?minicasinos? to close immediately and prohibit new businesses of this type from opening.

Certification of such proposition by the Clerk of the City to the Pierce County Auditor, in accordance with law, prior to the date of such election on November 4, 2008, and any other act consistent with the authority and prior to the effective date of this resolution, are hereby ratified and confirmed.

Section 2. Severability. If any portion of this Resolution or its application to any person or circumstance is held invalid, the remainder of the Resolution or the application of the provision to other persons or circumstances shall not be affected.

Section 3. Effective Date. That this Resolution shall be in full force and effect Upon passage and signatures hereon.

PASSED by the City Council this 11th day of August, 2008.

CITY OF LAKEWOOD

_________________________________ Douglas G. Richardson, Mayor

Attest:

________________________________

Alice M. Bush, MMC, City Clerk

Approved as to form:

_______________________________

Heidi Ann Wachter, City Attorney