BP BHEAD INT S

AN ACT Relating to charitable gaming; amending RCW 9.46.070 and 9.46.285; adding a new section to chapter 9.46 RCW; adding a new chapter to Title 9 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. Charitable organizations are authorized to participate in charitable gaming events when the events are conducted by a gaming management company in accordance with this chapter and commission rules.

NEW SECTION. Sec. 2. (1) "Charitable gaming event," as used in this chapter, means a gaming event conducted by a licensed gaming management company on behalf of a charitable organization that offers the games of blackjack, roulette, craps, and other traditional table games as may be authorized by the commission. The use of electronic or mechanical facsimiles of any table game or any gambling device as defined in this chapter is strictly prohibited.

(2) "Charitable organization" means a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209.

(3) "Commission" means the Washington state gambling commission created in RCW 9.46.040.

(4) "Gaming employee" means a person employed in the operation or management of a charitable gaming event. "Gaming employee" includes gaming operation managers and assistant managers, accounting personnel, surveillance personnel, cashier supervisors, dealers or croupiers, box men, floormen, pit bosses, shift bosses, cage personnel, collection personnel, gaming consultants, and any other person whose employment duties require or authorize access to restricted areas of the gaming facility not otherwise open to the public.

(5) "Gaming management company" means a business entity that provides gaming event management, equipment, and gaming employees for permitted charitable gaming events.

(6) "Gaming account" means an account established in accordance with commission rules by a permittee at a recognized financial institution for the exclusive purpose of depositing the proceeds from charitable gaming events to the account and making authorized disbursements from the account.

(7) "Gaming facility" means a facility, premises, room, or rooms licensed by the commission and owned, leased, or rented by a gaming management company.

(8) "Gaming services" means the providing of goods or services in connection with the operation of charitable gaming events in a gaming facility, including equipment, gaming supplies, maintenance, or security services for the gaming facility.

(9) "Gaming station" means one gaming table.

(10) "House rules" means rules adopted by the gaming management company regarding the conduct of players and management of the event in accordance with commission rules.

NEW SECTION. Sec. 3. (1) The commission is authorized to issue licenses to operate gaming facilities. A business must be a gaming management company to qualify for a license. A gaming management company making application shall provide the following information: (a) All jurisdictions in which the gaming management company is incorporated to do business, along with evidence that the company is in good standing in each such jurisdiction; (b) evidence of expertise in managing casino gaming activities on behalf of bona fide charitable or nonprofit organizations; (c) evidence that the gaming management company would provide quality services; (d) verification that directors, officers, shareholders, or other persons having a financial interest in the company have not been convicted in any jurisdiction of a crime related to narcotics, acts of dishonesty, fraud, robbery, or forgery; (e) verification that no directors, officers, shareholders, or other persons having a financial interest in the gaming management company have had a judgment entered against them in a civil court proceeding that is based in whole or in part on fraud, deceit, misrepresentation, or similar conduct; (f) evidence of financial eligibility; (g) identification of the facility or plans of the facility intended for use in conducting gaming activities under the license; and (h) other information about the gaming management company that the commission may require by rule.

(2) The commission may use a competitive bidding process adopted by commission rules for selecting gaming management companies.

(3) The commission shall use the following criteria in evaluating license applications: (a) Expertise in managing gaming activities on behalf of charitable or nonprofit organizations; (b) likelihood of providing high quality services; (c) likelihood of maintaining financial stability and integrity; and (d) quality of the facility or plans of the facility proposed for use in conducting gaming activities under the license.

(4) The commission may not issue more than two licenses for gaming facilities for each congressional district. A gaming management company may not operate a gaming facility without a license from the commission.

(5) The commission shall evaluate the merits of applications and inform applicants in writing of its decision.

NEW SECTION. Sec. 4. (1) A charitable organization may apply to the commission for a permit to hold a charitable gaming event. If an application is approved, the commission shall assign the permittee a date or dates for a charitable gaming event. The assignment shall be made to a gaming management company and gaming facility in the district in which the organization has its principal offices or conducts business. However, if there are no available dates in the appropriate district in which the permittee has its principal office or does business, the commission may assign the permittee to a different district. The commission may attach terms and conditions to the permit which the commission deems necessary. A permit is not transferrable or assignable.

(2) A charitable organization may not obtain more than three permits a year to participate in charitable gaming events. Each permit may provide for up to three consecutive days of operation.

(3) If a permittee violates the terms of its permit, the commission may suspend or revoke the permit. While a permit is suspended, the commission may not consider other applications from the permittee to hold a charitable gaming event.

(4) The commission shall appoint an advisory committee of no more than ten members who shall be representative of the types of charitable organizations eligible to obtain permits. The committee shall advise the commission about criteria for determining priorities in permitting and for assigning permits when the number of applicants exceeds the number of available charitable gaming events.

NEW SECTION. Sec. 5. The following requirements shall be observed with respect to all charitable gaming events:

(1) No more than thirty-one gaming stations may operate at any one time;

(2) Single wagers may not exceed twenty-five dollars;

(3) Operations are prohibited between 2:00 a.m. and 12:00 p.m. but shall not exceed an annual average of eighty hours per week;

(4) The permittee for a charitable gaming event shall provide at least five volunteers who shall perform functions as specified by the commission. At least two of the volunteers shall be trained in accordance with section 7 of this act;

(5) A gaming revenue report from a charitable gaming event must be completed by the permittee within twenty-four hours after the completion of the event and submitted to the commission within seven days of the conclusion of the charitable gaming event;

(6) All winnings shall be distributed to players at and during the operation of the charitable gaming event;

(7) The gaming management company shall keep a separate record for each gaming event of the funds taken in and paid out at the event and other information as required by the commission;

(8) All records of the gaming management company shall be available for immediate review upon request by the commission. Failure to provide the records is grounds for summary suspension of all licenses held by the gaming management company;

(9) Persons under the age of twenty-one may not be permitted in a gaming facility or as a participant in the operation or management of a charitable gaming event;

(10) Alcoholic beverages are prohibited in a gaming facility;

(11) A gaming employee may not participate as a player in a gaming facility in which the gaming employee is employed;

(12) House rules, as adopted by the gaming management company in accordance with commission rules, shall be enforced; and

(13) Other rules that the commission may require shall be enforced.

NEW SECTION. Sec. 6. The revenues from a charitable gaming event shall be distributed as follows:

(1) A fee of eight and one-half percent of the net win shall be remitted to the department of revenue and shall be deposited in the general fund, except that twenty-three and seven-tenths percent of the fee thereby collected shall be distributed to the local law enforcement agencies in the general purpose governmental jurisdictions where the gaming facility is located;

(2) A fee of one and one-half percent of the net win shall be remitted to the department of revenue and shall be deposited in the gambling revolving fund created in RCW 9.46.100. Fees collected under this subsection shall be used solely to defray the costs of licensing gaming management companies;

(3) Forty-five percent of the net win, adjusted for cashier shortage or overage, shall be distributed to the permitted organization and deposited in a gaming account established by the permitted organization; and

(4) The balance, not to exceed forty-five percent of the net win, shall be retained by the gaming management company, from which the gaming management company shall pay for expenses related to the event, including salaries, wages, costs for equipment, room rental, and other fees.

NEW SECTION. Sec. 7. A permittee shall comply with all training requirements established by the commission. Training is mandatory for a permittee's volunteers to fill the positions of volunteer supervisor and banker. Training shall provide volunteers with information regarding their rights as well as their roles and responsibilities at the charitable gaming event.

NEW SECTION. Sec. 8. (1) The gaming management company shall indemnify and hold harmless the charitable organization from claims, suits, damages, and expenses on account of an act or omission of the gaming management company or a servant, employee, officer, or director of the company.

(2) In the event of suspension or revocation of a license, death or incapacity of a licensee who is a sole proprietor, or receivership, bankruptcy, or assignment for benefit of creditors of the gaming management company, the following applies:

(a) The commission chair may approve temporary transfer of the registration of the gaming management company to a court-appointed or court-confirmed guardian, executor, administrator, receiver, trustee, or assignee for the benefit of the creditors, who may continue to operate the company's business. The transfer may be for a period not exceeding one hundred eighty days and may be extended for a further period not exceeding one hundred eighty days with the approval of the commission.

(b) If business is closed for any reason, the gaming management company shall immediately inform the commission. The commission may authorize closing for periods up to ninety days.

(3) A gaming management company shall submit to the commission annually an independent audited financial statement covering the company's activities for the previous business year. The financial statement shall be submitted no later than ninety days after the end of the business year. The commission shall by rule establish the content and format of the statement.

NEW SECTION. Sec. 9. No applicant, licensee, or permittee may give or provide, or offer to give or provide, directly or indirectly, to any public official or employee or agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or share of the money or property paid or received through gambling activities, in consideration for obtaining any license, authorization, permission or privilege to participate in any gaming operations except as authorized by this chapter or rules adopted under it. Violation of this section is a felony for which a person, upon conviction, shall be punished by imprisonment for not more than five years or a fine of not more than one hundred thousand dollars, or both.

NEW SECTION. Sec. 10. No applicant for a license from, nor licensee of, the commission, nor any operator of any gambling activity, shall, without advance approval of the commission, knowingly permit any person to participate in the management or operation of any activity for which a license from the commission is required or which is otherwise authorized by this chapter if that person:

(1) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, willful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude; or

(2) Has violated, failed, or refused to comply with provisions, requirements, conditions, limitations or duties imposed by this chapter or any rules adopted by the commission under this chapter, or has permitted, aided, abetted, caused, or conspired with another to cause any person to violate any of the provisions of this chapter or rules of the commission.

NEW SECTION. Sec. 11. Any person who conducts any activity for which a license or permit is required by this chapter, or by rule of the commission, without the required license issued by the commission is guilty of a class B felony. If any corporation conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license issued by the commission, it may be punished by forfeiture of its corporate charter, in addition to the other penalties in this section.

NEW SECTION. Sec. 12. Whoever, in any application for a license or permit or in any book or record required to be maintained by the commission or in any report required to be submitted to the commission, makes any false or misleading statement, or makes any false or misleading entry or willfully fails to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the commission, or its designee, any book, record, or document required to be maintained or made by federal or state law, is guilty of a gross misdemeanor subject to the penalty in RCW 9A.20.021.

NEW SECTION. Sec. 13. Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any provision of this chapter is guilty of a class B felony subject to the penalty in RCW 9A.20.021.

NEW SECTION. Sec. 14. Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any rule adopted under this chapter is guilty of a gross misdemeanor subject to the penalty in RCW 9A.20.021.

NEW SECTION. Sec. 15. No person, association, or organization operating any gaming activity under this chapter who or which, directly or indirectly, may in the course of the operation:

(1) Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made not misleading, in the light of the circumstances under which the statement is made; or

(3) Engage in any act, practice or course of operation that would operate as a fraud or deceit upon any person.

Any person, association, or organization who violates this section is guilty of a gross misdemeanor subject to the penalty in RCW 9A.20.021.

NEW SECTION. Sec. 16. District courts operating under the provisions of chapters 3.30 through 3.74 RCW, except municipal departments of such courts operating under chapter 3.46 RCW and municipal courts operating under chapter 3.50 RCW, have concurrent jurisdiction with the superior court to hear, try, and determine misdemeanor and gross misdemeanor violations of this chapter and violations of any ordinance passed under authority of this chapter by any city or town.

Municipal courts operating under chapter 35.20 or 3.50 RCW and municipal departments of the district court operating under chapter 3.46 RCW have concurrent jurisdiction with the superior court to hear, try, and determine violations of any ordinance passed under authority of this chapter by the city or town in which the court is located.

Notwithstanding any other provision of law, each of these courts shall have the jurisdiction and power to impose up to the maximum penalties provided for the violation of the ordinances adopted under the authority of this chapter. Review of the judgments of these courts shall be as provided in other criminal actions.

NEW SECTION. Sec. 17. No person shall intentionally obstruct or attempt to obstruct a public servant in the administration or enforcement of this chapter by using or threatening to use physical force or by means of any unlawful act. Any person who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 18. No person participating in a gaming activity under this chapter shall in the course of such participation, directly or indirectly:

(1) Employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;

(2) Engage in any act, practice, or course of operation that would operate as a fraud or deceit upon any other participant or any operator;

(3) Engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

(4) Cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.

Any person violating this section is guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.

NEW SECTION. Sec. 19. Any person who works as an employee or agent or in a similar capacity for another person in connection with the operation of an activity for which a license is required under this chapter or by commission rule without having obtained the applicable license required by the commission under this chapter is guilty of a gross misdemeanor and shall, upon conviction, be punished by not more than one year in the county jail or a fine of not more than five thousand dollars, or both.

NEW SECTION. Sec. 20. In addition to any other penalty provided for in this chapter, every person, directly or indirectly controlling the operation of any gaming activity authorized by this chapter, including a director, officer, or manager of any association, organization, or corporation conducting the same, whether charitable, nonprofit, or profit, shall be liable, jointly and severally, for money damages suffered by any person because of any violation of this chapter, together with interest on any such amount of money damages at six percent a year from the date of the loss, and reasonable attorneys' fees. If the director, officer, or manager did not know the violation was taking place and had taken all reasonable care to prevent the violation from taking place, and if the director, officer, or manager establishes by a preponderance of the evidence that he or she did not have such knowledge and had exercised all reasonable care to prevent the violations, he or she is not liable under this section. Any civil action under this section may be considered a class action.

NEW SECTION. Sec. 21. Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information is guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021. This section does not apply to information transmitted or received, or equipment installed or maintained, relating to activities authorized by this chapter or to any act or acts in furtherance of activities authorized by this chapter when conducted in compliance with this chapter and rules adopted under it.

For the purposes of this section, "gambling information" has the meaning given in RCW 9.46.0245.

NEW SECTION. Sec. 22. Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in RCW 9.46.230 is prima facie evidence of possession thereof with knowledge of its character or contents.

NEW SECTION. Sec. 23. At any time within five years after any amount of fees, interest, or penalties which are imposed under this chapter, or rules adopted pursuant thereto, becomes due and payable, the attorney general, on behalf of the commission, may bring a civil action in the courts of this state, any other state, or the United States to collect the delinquent amount, together with penalties and interest. An action may be brought whether or not the person owing the amount is at the time a licensee under this chapter.

If an action under this section is brought in the courts of this state, a writ of attachment may be issued and no bond or affidavit before its issuance is required. In all actions in this state, the records of the commission, or the appropriate county, city, or town, are prima facie evidence of the determination of the tax due or the amount of the delinquency.

NEW SECTION. Sec. 24. For the purpose of enforcing the provisions of this chapter, the commission has all of the enforcement powers granted to it in chapter 9.46 RCW for enforcing chapter 9.46 RCW and is the exclusive enforcement authority for this chapter.

NEW SECTION. Sec. 25. The penalty provisions of this chapter do not apply to chapter 9.46 RCW.

NEW SECTION. Sec. 26. A new section is added to chapter 9.46 RCW to read as follows:

The penalty provisions of this chapter do not apply to chapter 9.-- RCW (sections 1 through 25 of this act).

Sec. 27. RCW 9.46.070 and 1987 c 4 s 38 are each amended to read as follows:

The commission shall have the following powers and duties:

(1) To authorize and issue licenses for a period not to exceed one year to bona fide charitable or nonprofit organizations approved by the commission meeting the requirements of this chapter and any rules and regulations adopted pursuant thereto permitting said organizations to conduct bingo games, raffles, amusement games, and social card games, to utilize punch boards and pull-tabs in accordance with the provisions of this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for violation of any provisions of this chapter or any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued: PROVIDED FURTHER, That the commission or director shall not issue, deny, suspend or revoke any license because of considerations of race, sex, creed, color, or national origin: AND PROVIDED FURTHER, That the commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;

(2) To authorize and issue licenses for a period not to exceed one year to any person, association, or organization operating a business primarily engaged in the selling of items of food or drink for consumption on the premises, approved by the commission meeting the requirements of this chapter and any rules and regulations adopted pursuant thereto permitting said person, association, or organization to utilize punch boards and pull-tabs and to conduct social card games as a commercial stimulant in accordance with the provisions of this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for violation of any provisions of this chapter and any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an otherwise qualified applicant in an effort to limit the number of licenses to be issued: PROVIDED FURTHER, That the commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;

(3) To authorize and issue licenses for a period not to exceed one year to any person, association, or organization approved by the commission meeting the requirements of this chapter and meeting the requirements of any rules and regulations adopted by the commission pursuant to this chapter as now or hereafter amended, permitting said person, association, or organization to conduct or operate amusement games in such manner and at such locations as the commission may determine;

(4) To authorize, require, and issue, for a period not to exceed one year, such licenses as the commission may by rule provide, to any person, association, or organization to engage in the selling, distributing, or otherwise supplying or in the manufacturing of devices for use within this state for those activities authorized by this chapter;

(5) To establish a schedule of annual license fees for carrying on specific gambling activities upon the premises, and for such other activities as may be licensed by the commission, which fees shall provide to the commission not less than an amount of money adequate to cover all costs incurred by the commission relative to licensing under this chapter and chapter 9.-- RCW (sections 1 through 25 of this act) and the enforcement by the commission of the provisions of this chapter, chapter 9.-- RCW (sections 1 through 25 of this act), and rules and regulations adopted pursuant thereto: PROVIDED, That all licensing fees shall be submitted with an application therefor and such portion of said fee as the commission may determine, based upon its cost of processing and investigation, shall be retained by the commission upon the withdrawal or denial of any such license application as its reasonable expense for processing the application and investigation into the granting thereof: PROVIDED FURTHER, That if in a particular case the basic license fee established by the commission for a particular class of license is less than the commission's actual expenses to investigate that particular application, the commission may at any time charge to that applicant such additional fees as are necessary to pay the commission for those costs. The commission may decline to proceed with its investigation and no license shall be issued until the commission has been fully paid therefor by the applicant: AND PROVIDED FURTHER, That the commission may establish fees for the furnishing by it to licensees of identification stamps to be affixed to such devices and equipment as required by the commission and for such other special services or programs required or offered by the commission, the amount of each of these fees to be not less than is adequate to offset the cost to the commission of the stamps and of administering their dispersal to licensees or the cost of administering such other special services, requirements or programs;

(6) To prescribe the manner and method of payment of taxes, fees and penalties to be paid to or collected by the commission;

(7) To require that applications for all licenses contain such information as may be required by the commission: PROVIDED, That all persons (a) having a managerial or ownership interest in any gambling activity, or the building in which any gambling activity occurs, or the equipment to be used for any gambling activity, or (b) participating as an employee in the operation of any gambling activity, shall be listed on the application for the license and the applicant shall certify on the application, under oath, that the persons named on the application are all of the persons known to have an interest in any gambling activity, building, or equipment by the person making such application: PROVIDED FURTHER, That the commission may require fingerprinting and background checks on any persons seeking licenses under this chapter or of any person holding an interest in any gambling activity, building, or equipment to be used therefor, or of any person participating as an employee in the operation of any gambling activity;

(8) To require that any license holder maintain records as directed by the commission and submit such reports as the commission may deem necessary;

(9) To require that all income from bingo games, raffles, and amusement games be recorded and reported as established by rule or regulation of the commission to the extent deemed necessary by considering the scope and character of the gambling activity in such a manner that will disclose gross income from any gambling activity, amounts received from each player, the nature and value of prizes, and the fact of distributions of such prizes to the winners thereof;

(10) To regulate and establish maximum limitations on income derived from bingo: PROVIDED, That in establishing limitations pursuant to this subsection the commission shall take into account (i) the nature, character, and scope of the activities of the licensee; (ii) the source of all other income of the licensee; and (iii) the percentage or extent to which income derived from bingo is used for charitable, as distinguished from nonprofit, purposes;

(11) To regulate and establish the type and scope of and manner of conducting the gambling activities authorized by this chapter and chapter 9.-- RCW (sections 1 through 25 of this act), including but not limited to, the extent of wager, money, or other thing of value which may be wagered or contributed or won by a player in any such activities;

(12) To regulate the collection of and the accounting for the fee which may be imposed by an organization, corporation or person licensed to conduct a social card game on a person desiring to become a player in a social card game in accordance with RCW 9.46.0281(4);

(13) To cooperate with and secure the cooperation of county, city, and other local or state agencies in investigating any matter within the scope of its duties and responsibilities;

(14) In accordance with RCW 9.46.080, to adopt such rules and regulations as are deemed necessary to carry out the purposes and provisions of this chapter and chapter 9.-- RCW (sections 1 through 25 of this act). All rules and regulations shall be adopted pursuant to the administrative procedure act, chapter 34.05 RCW;

(15) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative authority thereof may enter into the taxing of any gambling activity authorized by this chapter;

(16) To establish and regulate a maximum limit on salaries or wages which may be paid to persons employed in connection with activities conducted by bona fide charitable or nonprofit organizations and authorized by this chapter, where payment of such persons is allowed, and to regulate and establish maximum limits for other expenses in connection with such authorized activities, including but not limited to rent or lease payments.

In establishing these maximum limits the commission shall take into account the amount of income received, or expected to be received, from the class of activities to which the limits will apply and the amount of money the games could generate for authorized charitable or nonprofit purposes absent such expenses. The commission may also take into account, in its discretion, other factors, including but not limited to, the local prevailing wage scale and whether charitable purposes are benefited by the activities;

(17) To authorize, require, and issue for a period not to exceed one year such licenses or permits, for which the commission may by rule provide, to any person to work for any operator of any gambling activity authorized by this chapter in connection with that activity, or any manufacturer, supplier, or distributor of devices for those activities in connection with such business. The commission shall not require that persons working solely as volunteers in an authorized activity conducted by a bona fide charitable or bona fide nonprofit organization, who receive no compensation of any kind for any purpose from that organization, and who have no managerial or supervisory responsibility in connection with that activity, be licensed to do such work. The commission may require that licensees employing such unlicensed volunteers submit to the commission periodically a list of the names, addresses, and dates of birth of the volunteers. If any volunteer is not approved by the commission, the commission may require that the licensee not allow that person to work in connection with the licensed activity;

(18) To publish and make available at the office of the commission or elsewhere to anyone requesting it a list of the commission licensees, including the name, address, type of license, and license number of each licensee;

(19) To establish guidelines for determining what constitutes active membership in bona fide nonprofit or charitable organizations for the purposes of this chapter; ((~~and~~))

(20) To perform all other matters and things necessary to carry out the purposes and provisions of this chapter; and

(21) To regulate and issue all licenses and permits necessary to regulate charitable gaming events as authorized in chapter 9.-- RCW (sections 1 through 25 of this act).

Sec. 28. RCW 9.46.285 and 1973 2nd ex.s. c 41 s 8 are each amended to read as follows:

This chapter and chapter 9.-- RCW (sections 1 through 25 of this act) constitute((s)) the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to gambling in existence on September 27, 1973 shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may thereafter enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission.

NEW SECTION. Sec. 29. Sections 1 through 25 of this act shall constitute a new chapter in Title 9 RCW.