H-0948.1 _______________________________________________
HOUSE BILL 1368
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Huff, Hatfield and Blalock
Read first time 01/23/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to a fund raising event; and amending RCW 9.46.0233.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.46.0233 and 1987 c 4 s 24 are each amended to read as follows:
(1)
"Fund raising event," as used in this chapter, means a fund raising
event conducted during any seventy-two consecutive hours ((but exceeding
twenty-four consecutive hours and)) not more than ((once)) twice
in any calendar year when no gambling activities are conducted between the
hours of 2:00 a.m. and 6:00 a.m.; or a fund raising event conducted not
more than ((twice)) four times each calendar year for not more
than ((twenty-four)) twenty consecutive hours ((each time))
when no gambling activities are conducted between the hours of 2:00 a.m. and
6:00 a.m.; or a combination of one seventy-two consecutive hour event and not
more than two twenty consecutive hour events by a bona fide charitable or
nonprofit organization as defined in RCW 9.46.0209 other than any agricultural
fair referred to thereunder, upon authorization therefor by the commission,
which the legislature hereby authorizes to issue a license therefor, with or
without fee, permitting the following activities, or any of them, during such
event: Bingo, amusement games, contests of chance, lotteries and raffles:
PROVIDED, That (a) gross wagers and bets received by the organization less the
amount of money paid by the organization as winnings and for the purchase cost of
prizes given as winnings do not exceed ((ten)) fifteen thousand
dollars during a single event or thirty thousand dollars during the
total calendar days of such fund raising event in the calendar year; (b) such
activities shall not include any mechanical gambling or lottery device
activated by the insertion of a coin or by the insertion of any object
purchased by any person taking a chance by gambling in respect to the device;
(c) only bona fide members of the organization or their spouses who are
not paid for such service shall participate in the management or operation of
the activities((, and)). However, an organization may use up to five
individuals who are not members or spouses of members to operate gambling
activities when the individuals are approved by the commission. The
individuals may be paid an amount determined by the commission but shall not be
involved in the management of the event, perform duties of a cashier, banker,
or otherwise have access to or share in the net proceeds of the event, or
perform any of the accounting functions or otherwise have access to the
accounting records. Further, anyone licensed by the commission to rent
equipment to conduct the activities may be paid an amount determined by the
commission to provide training and advisory services in conjunction with the
events; (d) all income therefrom, after deducting the cost of prizes and
other expenses, shall be devoted solely to the lawful purposes of the
organization; and (((d))) (e) such organization shall notify the
appropriate local law enforcement agency of the time and place where such
activities shall be conducted. The commission shall require an annual
information report setting forth in detail the expenses incurred and the
revenue received relative to the activities permitted.
(2) Bona fide charitable or nonprofit organizations holding a license to conduct a fund raising event may join together to jointly conduct a fund raising event if:
(a)
Approval to do so is received from the commission; ((and))
(b)
The method of dividing the income and expenditures and the method of recording
and handling of funds are disclosed to the commission in the application for
approval of the joint fund raising event and are approved by the commission((.));
(c)
The gross wagers and bets received by the organizations less the amount of
money paid by the organizations as winnings and for the purchase costs of
prizes given as winnings ((may)) does not exceed ((ten)) fifteen
thousand dollars during the total calendar days of such event. The net
receipts each organization receives shall count against the organization's
annual limit stated in this subsection((.));
(d)
A joint fund raising event shall count against only the lead organization or
organizations receiving fifty percent or more of the net receipts for the
purposes of the number of such events an organization may conduct each year((.));
and
(e) The commission may issue a joint license for a joint fund raising event and charge a license fee for such license according to a schedule of fees adopted by the commission which reflects the added cost to the commission of licensing more than one licensee for the event.
--- END ---