Z-0627.1 _______________________________________________
HOUSE BILL 1363
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Delvin, McMorris and K. Schmidt; by request of Gambling Commission
Read first time 01/23/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to professional gambling definitions; amending RCW 9.46.0269, 9.46.220, and 9.46.221; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.46.0269 and 1996 c 252 s 2 are each amended to read as follows:
(1) A person is engaged in "professional gambling" for the purposes of this chapter when:
(a)
Acting other than as a player or in the manner authorized by this chapter, the
person knowingly engages in conduct which materially aids any ((other))
form of gambling activity; or
(b) Acting other than in a manner authorized by this chapter, the person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity; or
(c) Acting other than as a player or in the manner authorized by this chapter, the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity; or
(((c)))
(d) The person engages in bookmaking; or
(((d)))
(e) The person conducts a lottery; or
(((e)))
(f) The person violates RCW 9.46.039.
(2) Conduct under subsection (1)(a) of this section, except as exempted under this chapter, includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person's knowledge for the purpose of conducting gambling activity other than gambling activities authorized by this chapter, and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, the person shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the "prize fund" shall not be construed to be engaging in "professional gambling" within the meaning of this chapter: PROVIDED FURTHER, That the books and records of the games shall be open to public inspection.
Sec. 2. RCW 9.46.220 and 1994 c 218 s 11 are each amended to read as follows:
(1) A person is guilty of professional gambling in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a)
((While engaging in professional gambling)) Acts in concert with
or conspires with five or more people; or
(b) Personally accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events; or
(d) Operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities that are not authorized by this chapter or licensed by the commission.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.
Sec. 3. RCW 9.46.221 and 1994 c 218 s 12 are each amended to read as follows:
(1) A person is guilty of professional gambling in the second degree if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a)
((While engaging in professional gambling)) Acts in concert with
or conspires with less than five people; or
(b) Accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(d) Maintains a "gambling premises" as defined in this chapter; or
(((d)))
(e) Maintains gambling records as defined in RCW 9.46.0253.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.
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