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.
