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Ordinance 1349 - Amending Definition of CasinoORDINANCE NO. 1349 AN ORDINANCE AMENDING S 27.37.010 (44), KALISPELL ZONING ORDINANCE, BY AMENDING THE DEFINITION OF CASINO AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend § 27.37.010 (44) of the Kalispell Zoning Ordinance, by amending the definition of casino, and WHEREAS, the request was forwarded to the Kalispell City -County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under §27.30.020, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-6, that the text of the Kalispell Zoning Ordinance, Definitions, be amended as to the definition of "casino," and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance, Definitions, be amended as to the definition of "casino," and WHEREAS, the City Council has reviewed the FRDO Report'and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-99-6 as the Findings of Fact applicable to this Ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: Section I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended to read as follows: Section 27.37.010. Definitions (44) Casino. An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, Parts 1 (except for Section 23-5-160 regarding shaking dice or shake -a - day games) and 3 through 6, Montana Code Annotated, either as a primary use or as an accessory use. Organizations and facilities designated as exempt under state law shall not be classified as casinos. Section II. All parts and portions of the Kalispell Zoning Ordinance not amended hereby shall remain the same. Section III. This Ordinance shall take effect thirty (30) days from and after its final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF MARCH, 2000. WM.F_.50hCL 1. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk