S-0954.1 _______________________________________________
SENATE BILL 5645
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Prentice, Eide, Shin and Rasmussen
Read first time 01/29/2001. Referred to Committee on Labor, Commerce & Financial Institutions.
AN ACT Relating to the issuance or renewal of gambling licenses; amending RCW 9.46.075; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes that the public's interest is well-served by a strong commitment to public safety in our communities, on our streets, and in our neighborhoods.
The legislature further recognizes that the importance of public safety within a community must also be factored into the decision-making process regarding the issuance and renewal of gambling licenses for eating and drinking establishments in the state of Washington.
It is the intent of the legislature to balance the legitimate rights of operators of eating and drinking establishments to obtain lawful gambling licenses and license renewals, with the public's expectation of a significant commitment to public safety.
Therefore, the legislature intends to add criteria to the laws on gambling license issuances and renewals that adequately recognize the public safety role of cities and counties and that will serve the public.
Sec. 2. RCW 9.46.075 and 1981 c 139 s 4 are each amended to read as follows:
(1) Before the commission may issue a license to an applicant, or renew an existing license, it shall give notice of the application to the chief executive officer of the incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities and towns. The city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, may file with the commission within twenty days after the date of transmittal of the notice, written objections against the applicant or against the premises for which the license is sought. If a public hearing is requested by a city or town, or by a county legislative authority if the proposed establishment is outside incorporated boundaries of a city or town, the commission shall hold a formal hearing subject to the applicable provisions of Title 34 RCW. Upon granting a license under this chapter, the commission shall send a duplicate of the license or written notification to the chief executive officer of the city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of an incorporated city or town.
(2) The
commission may deny an application, or suspend or revoke any license or permit
issued by it, for any reason or reasons, it deems to be in the public interest,
and particularly those related to public safety issues for the community in
which the establishment proposed to be licensed is located. In addition, the
commission shall hold a public hearing regarding a proposed license in cases
where a city, town, or county raises public safety issues with respect to the
proposed license. ((These)) Reasons ((shall)) for
suspension, revocation, or denial of a license or permit, or renewal thereof,
include, but are not ((be)) limited to, cases wherein the
applicant or licensee, or any person with any interest therein, or an
employee:
(((1))) (a)
Has violated, failed, or refused to comply with the provisions,
requirements, conditions, limitations, or duties imposed by this
chapter ((9.46 RCW)) and any amendments thereto, or any rules adopted by
the commission pursuant thereto, or when a violation of any provision of this
chapter ((9.46 RCW)), or any commission rule, has occurred upon any
premises occupied or operated by any such person or over which he or she has
substantial control;
(((2))) (b)
Knowingly causes, aids, abets, or conspires with another to cause, any person
to violate any of the laws of this state or the rules of the commission;
(((3))) (c)
Has obtained a license or permit by fraud, misrepresentation, concealment, or
through inadvertence or mistake;
(((4))) (d)
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 bribing
or otherwise unlawfully influencing a public official or employee of any state
or the United States, or of any crime, whether a felony or misdemeanor
involving any gambling activity or physical harm to individuals or involving
moral turpitude;
(((5))) (e)
Denies the commission or its authorized representatives, including authorized
local law enforcement agencies, access to any place where a licensed activity
is conducted or who fails promptly to produce for inspection or audit any book,
record, document, or item required by law or commission rule;
(((6) Shall)) (f)
Fails to display its license on the premises where the licensed
activity is conducted at all times during the operation of the licensed
activity;
(((7))) (g)
Makes a misrepresentation of, or fails to disclose, a material fact to the
commission;
(((8))) (h)
Fails to prove, by clear and convincing evidence, that he, she, or it is
qualified in accordance with ((the provisions of)) this chapter;
(((9))) (i)
Is subject to current prosecution or pending charges, or a conviction which is
under appeal, for any of the offenses included under (d) of this
subsection (((4) of this section: PROVIDED, That)). However, at
the request of an applicant for an original license, the commission may defer
decision upon the application during the pendency of such prosecution or
appeal;
(((10))) (j)
Has pursued or is pursuing economic gain in an occupational manner or context
((which)) that is in violation of the criminal or civil public
policy of this state if such pursuit creates probable cause to believe that the
participation of such person in gambling or related activities would be
inimical to the proper operation of an authorized gambling or related activity
in this state. For the purposes of this section, occupational manner or
context ((shall be defined as)) means the systematic planning,
administration, management, or execution of an activity for financial
gain;
(((11))) (k)
Is a career offender or a member of a career offender cartel or an associate of
a career offender or career offender cartel in such a manner which creates
probable cause to believe that the association is of such a nature as to be
inimical to the policy of this chapter or to the proper operation of the
authorized gambling or related activities in this state. For the purposes of
this section, career offender ((shall be defined as)) means any
person whose behavior is pursued in an occupational manner or context for the
purpose of economic gain utilizing such methods as are deemed criminal
violations of the public policy of this state. A career offender cartel ((shall
be defined as)) means any group of persons who operate together as
career offenders;
(l) Has been the holder of any other corresponding local or state license and the establishment operating under that license has been the source or cause of significant public safety problems, or has not had the license renewed;
(m) Has operated an establishment that has threatened public safety, as documented by numbers of service calls involving police or law enforcement departments; the nature of the service calls involving police or law enforcement departments; public safety problems involving patrons of the establishment; charges or convictions of conduct on the premises that is prohibited by any portion of Title 9, 9A, or 69 RCW; and other documentation of public safety-related matters brought forth by a city, town, or county.
For the purpose of reviewing any application for a license and for considering the denial, suspension, or revocation of any license the gambling commission may consider any prior criminal conduct of the applicant or licensee, and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases.
NEW SECTION. Sec. 3. This act takes effect September 1, 2001.
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