BP BHEAD INT S

AN ACT Relating to gambling; amending RCW 9.46.0217 and 9.46.0281; adding new sections to chapter 9.46 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 9.46 RCW to read as follows:

Washington blackjack shall be either a house or nonhouse banking, card game permitted in Class A and E card rooms only.

Sec. 2. RCW 9.46.0217 and 1987 c 4 s 6 are each amended to read as follows:

"Commercial stimulant," as used in this chapter, means an activity is operated as a commercial stimulant, for the purposes of this chapter, only when it is an ((~~incidental~~)) activity operated in connection with((~~, and incidental to,~~)) an established business, with the ((~~primary~~)) purpose of increasing the volume of sales of food or drink for consumption on that business premises. The commission may by rule establish guidelines and criteria for applying this definition to its applicants and licensees for gambling activities authorized by this chapter as commercial stimulants.

Sec. 3. RCW 9.46.0281 and 1987 c 4 s 21 are each amended to read as follows:

"Social card game," as used in this chapter, means a card game, including but not limited to the game commonly known as "Mah-Jongg," which constitutes gambling and contains each of the following characteristics:

(1) There are two or more participants and each of them are players. However, no business with a public cardroom on its premises may have more than ((~~five~~)) eight separate tables at which card games are played;

(2) A player's success at winning money or other thing of value by overcoming chance is in the long run largely determined by the skill of the player;

(3) Other than house dealt blackjack, no organization, corporation or person collects or obtains or charges any percentage of or collects or obtains any portion of the money or thing of value wagered or won by any of the players: PROVIDED, That this subsection shall not preclude a player from collecting or obtaining his or her winnings;

(4) Other than house dealt blackjack, no organization or corporation, or person collects or obtains any money or thing of value from, or charges or imposes any fee upon, any person which either enables him or her to play or results in or from his or her playing in excess of two dollars per half hour of playing time by that person collected in advance: PROVIDED, That a fee may also be charged for entry into a tournament for prizes, which fee shall not exceed fifty dollars, including all separate fees which might be paid by a player for various phases or events of the tournament: PROVIDED FURTHER, That this subsection shall not apply to the membership fee in any bona fide charitable or nonprofit organization;

(5) The type of card game is one specifically approved by the commission pursuant to RCW 9.46.070; and

(6) The extent of wagers, money or other thing of value which may be wagered or contributed by any player does not exceed the amount or value specified by the commission pursuant to RCW 9.46.070.

NEW SECTION. Sec. 4. A new section is added to chapter 9.46 RCW to read as follows:

A tax of five hundred dollars per table per month is imposed on the licensee for the privilege of playing house-dealt blackjack. No other tax may be imposed on the licensee for the privilege of playing house-dealt blackjack. The tax shall be deposited into the general fund, except for five hundred thousand dollars that shall be deposited into the gambling revolving fund each biennium for programs to assist compulsive gamblers.

NEW SECTION. Sec. 5. For the fiscal biennium ending June 30, 1995, any loss of tax receipts to the counties or cities resulting from the game of house-dealt blackjack shall be reimbursed from proceeds to the general fund under section 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 9.46 RCW to read as follows:

The department of revenue shall adopt those rules necessary to enforce and administer section 4 of this act. Chapter 82.32 RCW applies to the administration, collection, and enforcement of the tax imposed under section 4 of this act.