BILL REQ. #:  H-4126.1 

Read first time 01/16/2006.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to increasing the minimum age for gambling; amending RCW 9.46.0305, 67.70.120, and 67.16.060; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9.46.0305 and 1987 c 4 s 25 are each amended to read as follows:
     The legislature hereby authorizes the wagering on the outcome of the roll of dice or the flipping of or matching of coins on the premises of an establishment engaged in the business of selling food or beverages for consumption on the premises to determine which of the participants will pay for coin-operated music on the premises or certain items of food or beverages served or sold by such establishment and therein consumed. Such establishments are hereby authorized to possess dice and dice cups on their premises, but only for use in such limited wagering. Persons engaged in such limited form of wagering shall not be subject to the criminal or civil penalties otherwise provided for in this chapter((: PROVIDED, That minors shall be barred)). However, any person under the age of twenty-one years is prohibited from engaging in the wagering activities allowed by this chapter. It is unlawful for any person to assist, participate with, or knowingly allow a person under the age of twenty-one years to engage in any wagering activity allowed by this chapter.

Sec. 2   RCW 67.70.120 and 2003 c 53 s 303 are each amended to read as follows:
     (1) A ticket or share shall not be sold to any person under the age of ((eighteen)) twenty-one, but this shall not be deemed to prohibit the purchase of a ticket or share for the purpose of making a gift by a person ((eighteen)) twenty-one years of age or older to a person less than that age.
     (2) Any licensee who knowingly sells or offers to sell a lottery ticket or share to any person under the age of ((eighteen)) twenty-one is guilty of a misdemeanor.
     (3) In the event that a person under the age of ((eighteen)) twenty-one years directly purchases a ticket in violation of this section, that person is guilty of a misdemeanor. No prize will be paid to such person and the prize money otherwise payable on the ticket will be treated as unclaimed pursuant to RCW 67.70.190.

Sec. 3   RCW 67.16.060 and 1991 c 270 s 3 are each amended to read as follows:
     (1) It shall be unlawful:
     (a) To conduct pool selling, bookmaking, or to circulate hand books; ((or))
     (b) To bet or wager on any horse race other than by the parimutuel method; ((or))
     (c) For any licensee to take more than the percentage provided in RCW 67.16.170 and 67.16.175; ((or))
     (d) For any licensee to compute breaks in the parimutuel system otherwise than at ten cents;
     (e) For any person under the age of twenty-one years to engage in the wagering activities allowed by this chapter; or
     (f) For any person to assist, participate with, or knowingly allow a person under the age of twenty-one years to engage in any wagering activity allowed by this chapter.
     (2) Any willful violation of the terms of this chapter, or of any rule, regulation, or order of the commission shall constitute a gross misdemeanor and when such violation is by a person holding a license under this chapter, the commission may cancel the license held by the offender, and such cancellation shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the commission by the offender; and the action of the commission in that respect shall be final.
     (3) The commission shall have power to exclude from any and all race courses of the state of Washington any person whom the commission deems detrimental to the best interests of racing or any person who willfully violates any of the provisions of this chapter or of any rule, regulation, or order issued by the commission.
     (4) Every race meet held in this state contrary to the provisions of this chapter is hereby declared to be a public nuisance.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.