BILL REQ. #: S-1994.1
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/28/2005. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to gambling commission reporting on social card room financial activity; amending RCW 9.46.070; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.46.070 and 2002 c 119 s 1 are each amended to read
as follows:
The commission ((shall have)) has the following powers and duties:
(1) To authorize and issue licenses for a period not to exceed one
year to bona fide charitable or nonprofit organizations approved by the
commission meeting the requirements of this chapter and any rules and
regulations adopted pursuant thereto permitting said organizations to
conduct bingo games, raffles, amusement games, and social card games,
to utilize punch boards and pull-tabs in accordance with the provisions
of this chapter and any rules and regulations adopted pursuant thereto
and to revoke or suspend said licenses for violation of any provisions
of this chapter or any rules and regulations adopted pursuant thereto:
PROVIDED, That the commission shall not deny a license to an otherwise
qualified applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission or director shall not
issue, deny, suspend, or revoke any license because of considerations
of race, sex, creed, color, or national origin: AND PROVIDED FURTHER,
That the commission may authorize the director to temporarily issue or
suspend licenses subject to final action by the commission;
(2) To authorize and issue licenses for a period not to exceed one
year to any person, association, or organization operating a business
primarily engaged in the selling of items of food or drink for
consumption on the premises, approved by the commission meeting the
requirements of this chapter and any rules and regulations adopted
pursuant thereto permitting said person, association, or organization
to utilize punch boards and pull-tabs and to conduct social card games
as a commercial stimulant in accordance with the provisions of this
chapter and any rules and regulations adopted pursuant thereto and to
revoke or suspend said licenses for violation of any provisions of this
chapter and any rules and regulations adopted pursuant thereto:
PROVIDED, That the commission shall not deny a license to an otherwise
qualified applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission may authorize the
director to temporarily issue or suspend licenses subject to final
action by the commission;
(3) To authorize and issue licenses for a period not to exceed one
year to any person, association, or organization approved by the
commission meeting the requirements of this chapter and meeting the
requirements of any rules and regulations adopted by the commission
pursuant to this chapter as now or hereafter amended, permitting said
person, association, or organization to conduct or operate amusement
games in such manner and at such locations as the commission may
determine;
(4) To authorize, require, and issue, for a period not to exceed
one year, such licenses as the commission may by rule provide, to any
person, association, or organization to engage in the selling,
distributing, or otherwise supplying or in the manufacturing of devices
for use within this state for those activities authorized by this
chapter;
(5) To establish a schedule of annual license fees for carrying on
specific gambling activities upon the premises, and for such other
activities as may be licensed by the commission, which fees shall
provide to the commission not less than an amount of money adequate to
cover all costs incurred by the commission relative to licensing under
this chapter and the enforcement by the commission of the provisions of
this chapter and rules and regulations adopted pursuant thereto:
PROVIDED, That all licensing fees shall be submitted with an
application therefor and such portion of said fee as the commission may
determine, based upon its cost of processing and investigation, shall
be retained by the commission upon the withdrawal or denial of any such
license application as its reasonable expense for processing the
application and investigation into the granting thereof: PROVIDED
FURTHER, That if in a particular case the basic license fee established
by the commission for a particular class of license is less than the
commission's actual expenses to investigate that particular
application, the commission may at any time charge to that applicant
such additional fees as are necessary to pay the commission for those
costs. The commission may decline to proceed with its investigation
and no license shall be issued until the commission has been fully paid
therefor by the applicant: AND PROVIDED FURTHER, That the commission
may establish fees for the furnishing by it to licensees of
identification stamps to be affixed to such devices and equipment as
required by the commission and for such other special services or
programs required or offered by the commission, the amount of each of
these fees to be not less than is adequate to offset the cost to the
commission of the stamps and of administering their dispersal to
licensees or the cost of administering such other special services,
requirements or programs;
(6) To prescribe the manner and method of payment of taxes, fees
and penalties to be paid to or collected by the commission;
(7) To require that applications for all licenses contain such
information as may be required by the commission: PROVIDED, That all
persons (a) having a managerial or ownership interest in any gambling
activity, or the building in which any gambling activity occurs, or the
equipment to be used for any gambling activity, or (b) participating as
an employee in the operation of any gambling activity, shall be listed
on the application for the license and the applicant shall certify on
the application, under oath, that the persons named on the application
are all of the persons known to have an interest in any gambling
activity, building, or equipment by the person making such application:
PROVIDED FURTHER, That the commission shall require fingerprinting and
national criminal history background checks on any persons seeking
licenses, certifications, or permits under this chapter or of any
person holding an interest in any gambling activity, building, or
equipment to be used therefor, or of any person participating as an
employee in the operation of any gambling activity. All national
criminal history background checks shall be conducted using
fingerprints submitted to the United States department of justice-federal bureau of investigation. The commission must establish rules
to delineate which persons named on the application are subject to
national criminal history background checks. In identifying these
persons, the commission must take into consideration the nature,
character, size, and scope of the gambling activities requested by the
persons making such applications;
(8) To require that any license holder maintain records as directed
by the commission and submit such reports as the commission may deem
necessary;
(9) To require all social card room licensees to submit financial
information on a quarterly basis, including, but not limited to: Gross
gambling receipts; prizes; net gambling receipts; donated prizes; total
expenses; a detailed list of expenses, including wages paid for
gambling activities; and net gambling income. The commission shall
provide licensees with a report form, with instructions, to submit
information required under this subsection;
(10) To require that all income from bingo games, raffles, and
amusement games be recorded and reported as established by rule or
regulation of the commission to the extent deemed necessary by
considering the scope and character of the gambling activity in such a
manner that will disclose gross income from any gambling activity,
amounts received from each player, the nature and value of prizes, and
the fact of distributions of such prizes to the winners thereof;
(((10))) (11) To regulate and establish maximum limitations on
income derived from bingo. In establishing limitations pursuant to
this subsection the commission shall take into account (i) the nature,
character, and scope of the activities of the licensee; (ii) the source
of all other income of the licensee; and (iii) the percentage or extent
to which income derived from bingo is used for charitable, as
distinguished from nonprofit, purposes. However, the commission's
powers and duties granted by this subsection are discretionary and not
mandatory;
(((11))) (12) To regulate and establish the type and scope of and
manner of conducting the gambling activities authorized by this
chapter, including but not limited to, the extent of wager, money, or
other thing of value which may be wagered or contributed or won by a
player in any such activities;
(((12))) (13) To regulate the collection of and the accounting for
the fee which may be imposed by an organization, corporation, or person
licensed to conduct a social card game on a person desiring to become
a player in a social card game in accordance with RCW 9.46.0282;
(((13))) (14) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating any
matter within the scope of its duties and responsibilities;
(((14))) (15) In accordance with RCW 9.46.080, to adopt such rules
and regulations as are deemed necessary to carry out the purposes and
provisions of this chapter. All rules and regulations shall be adopted
pursuant to the administrative procedure act, chapter 34.05 RCW;
(((15))) (16) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative
authority thereof may enter into the taxing of any gambling activity
authorized by this chapter;
(((16))) (17) To establish and regulate a maximum limit on salaries
or wages which may be paid to persons employed in connection with
activities conducted by bona fide charitable or nonprofit organizations
and authorized by this chapter, where payment of such persons is
allowed, and to regulate and establish maximum limits for other
expenses in connection with such authorized activities, including but
not limited to rent or lease payments. However, the commissioner's
powers and duties granted by this subsection are discretionary and not
mandatory.
In establishing these maximum limits the commission shall take into
account the amount of income received, or expected to be received, from
the class of activities to which the limits will apply and the amount
of money the games could generate for authorized charitable or
nonprofit purposes absent such expenses. The commission may also take
into account, in its discretion, other factors, including but not
limited to, the local prevailing wage scale and whether charitable
purposes are benefited by the activities;
(((17))) (18) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the commission may
by rule provide, to any person to work for any operator of any gambling
activity authorized by this chapter in connection with that activity,
or any manufacturer, supplier, or distributor of devices for those
activities in connection with such business. The commission shall not
require that persons working solely as volunteers in an authorized
activity conducted by a bona fide charitable or bona fide nonprofit
organization, who receive no compensation of any kind for any purpose
from that organization, and who have no managerial or supervisory
responsibility in connection with that activity, be licensed to do such
work. The commission may require that licensees employing such
unlicensed volunteers submit to the commission periodically a list of
the names, addresses, and dates of birth of the volunteers. If any
volunteer is not approved by the commission, the commission may require
that the licensee not allow that person to work in connection with the
licensed activity;
(((18))) (19) To publish and make available at the office of the
commission or elsewhere to anyone requesting it a list of the
commission licensees, including the name, address, type of license, and
license number of each licensee;
(((19))) (20) To publish on-line and make available to the public,
on a quarterly basis, a list of the social card room licensees,
including the licensee's name, city, county, license issue number,
gross receipts, special prizes, net receipts, wages paid related to
gambling activity, reported paid local tax on social card rooms, other
gambling expenses, net gambling income, and net gambling income's
percent of gross receipts;
(21) To establish guidelines for determining what constitutes
active membership in bona fide nonprofit or charitable organizations
for the purposes of this chapter; and
(((20))) (22) To perform all other matters and things necessary to
carry out the purposes and provisions of this chapter.
NEW SECTION. Sec. 2 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.