Brief Description: Clarifying local government land use and zoning powers over gambling activities.

Sponsors: Representatives Conway, Hankins, Kenney, Crouse, Kirby, Delvin, Hudgins, Lantz, Sullivan, McCoy and Campbell.

Hearing Date: 2/10/03

Staff: Matt Cooper (786-7106).

Background:

The Washington State Gambling Commission (Commission) has exclusive authority to license and regulate gambling activities. The state preempts local licensing and regulatory authority for gambling, except as to powers and duties specifically granted to a city or county. A city or county may enact only such local ordinances related to gambling that do not conflict with the rules of the commission and which are consistent with the powers and duties granted to local jurisdictions.

A license issued by the Commission is legal authority to engage in the gambling activity for which the license is issued throughout cities and counties across the state. Notwithstanding this authority, a city or county may absolutely prohibit any or all of the gambling activities for which the license is issued, but may not change the scope of the license.

Article XI, section 11 of the State Constitution provides that a city or county may make and enforce local police, sanitary, and other regulations that are not in conflict with general laws. Local governments implement their comprehensive plans by adopting zoning ordinances. Zoning is a means of controlling use of land by placing certain restrictions on structures and improvements located on property in a particular zone.

Summary of Bill:

A city, town, or county may exercise its land use and zoning powers with respect to any land uses involving licensed gambling activities.

Rules Authority: The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.