S-0404.1 _______________________________________________
SENATE BILL 5034
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State of Washington 55th Legislature 1997 Regular Session
By Senator Roach
Read first time 01/13/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to gambling; and amending RCW 9.46.0209.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.46.0209 and 1987 c 4 s 4 are each amended to read as follows:
"Bona
fide charitable or nonprofit organization," as used in this chapter,
means: (1) Any organization duly existing under the provisions of chapters
24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the
provisions of chapters 15.76 or 36.37 RCW, or any nonprofit corporation duly
existing under the provisions of chapter 24.03 RCW for charitable, benevolent,
eleemosynary, educational, civic, patriotic, political, social, fraternal,
athletic or agricultural purposes only, or any nonprofit organization, whether
incorporated or otherwise, when found by the commission to be organized and
operating for one or more of the aforesaid purposes only, all of which in the
opinion of the commission have been organized and are operated primarily for
purposes other than the operation of gambling activities authorized under this
chapter; or (2) any corporation which has been incorporated under Title 36
U.S.C. and whose principal purposes are to furnish volunteer aid to members of
the armed forces of the United States and also to carry on a system of national
and international relief and to apply the same in mitigating the sufferings
caused by pestilence, famine, fire, floods, and other national calamities and
to devise and carry on measures for preventing the same. Such an organization
must have been organized and continuously operating for at least twelve
calendar months immediately preceding making application for any license to
operate a gambling activity, or the operation of any gambling activity authorized
by this chapter for which no license is required. It must have not less than
((fifteen)) nine bona fide active members each with the right to
an equal vote in the election of the officers, or board members, if any, who
determine the policies of the organization in order to receive a gambling
license. An organization must demonstrate to the commission that it has made
significant progress toward the accomplishment of the purposes of the
organization during the twelve consecutive month period preceding the date of
application for a license or license renewal. The fact that contributions to
an organization do not qualify for charitable contribution deduction purposes
or that the organization is not otherwise exempt from payment of federal income
taxes pursuant to the internal revenue code of 1954, as amended, shall
constitute prima facie evidence that the organization is not a bona fide
charitable or nonprofit organization for the purposes of this section.
Any person, association or organization which pays its employees, including members, compensation other than is reasonable therefor under the local prevailing wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter.
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