ORDINANCE NO. 14,361

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by adding and enacting a new Division 31, to Article III, of Chapter 134 - Zoning, consisting of Sections 134-1250 and 134-1251, establishing a new "GGP" Gambling Games Prohibition District wherein gambling businesses are prohibited.

BE IT ORDAINED by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, be and is hereby amended by adding and enacting a new Division 31, to Article III, of Chapter 134 - Zoning, consisting of Sections 134-1250 and 134-1251, establishing a new "GGP" Gambling Games Prohibition District wherein gambling businesses are prohibited, as follows:

DIVISION 31. GGP GAMBLING GAMES PROHIBITION OVERLAY DISTRICT

Sec. 134-1250. Purpose. The purpose of the GGP gambling games prohibition overlay district is to acknowledge and implement the prohibition on gambling games within the district imposed by I.C. §99F.4C.

Sec. 134-1251. Gambling Games Prohibition.

(a) Within the boundaries of the GGP gambling games prohibition overlay district established by this section, no person or business shall conduct any game of chance requiring a license from the Iowa State Racing and Gaming Commission created under I.C. § 99D.5.

(b) GGP Overlay District Boundaries. The GGP gambling games prohibition overlay district is that that portion of the City of Des Moines in Polk County bounded by a line commencing at the point E. Euclid Avenue intersects E. Fourteenth Street, then proceeding south along East Fourteenth Street and SE Fourteenth street until it intersects Park Avenue, then proceeding west along Park Avenue until it intersects Fleur Drive, then proceeding north along Fleur Drive until it intersects Eighteenth Street, then proceeding north along Eighteenth Street until it intersects Ingersoll Avenue, then proceeding west along Ingersoll Avenue until it intersects Martin Luther King Jr. Parkway, then proceeding northerly along Martin Luther King Jr. Parkway until it intersects Euclid Avenue, then proceeding east along Euclid Avenue and E. Euclid Avenue to the point of origin. 

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Sec. 3. The City Clerk is hereby authorized and directed to cause certified copies of the vicinity map, this ordinance, and proof of publication of this ordinance, to be properly filed in the office of the Polk County Recorder.

FORM APPROVED:

Roger K. Brown, Assistant City Attorney

T. M. Franklin Cownie, Mayor

Attest:

I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 04-1631), passed by the City Council of said City at a meeting held July 26, 2004 signed by the Mayor on July 26, 2004 and published as provided by law in the Business Record on August 9, 2004 Authorized by Publication Order No. 4369.

Diane Rauh, City Clerk