BILL REQ. #:  H-1771.1 

Read first time 02/11/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to permitting local governments to limit house-banked social card games within their jurisdictions; amending RCW 9.46.295; and creating a new section.

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

NEW SECTION.  Sec. 1   In keeping with the gambling policy statement in RCW 9.46.010, the legislature intends to insure that each local jurisdiction has the authority to ban house-banked social card games within its jurisdiction, allow house-banked social card games within its jurisdiction, or limit the number of house-banked social card games within its jurisdiction.

Sec. 2   RCW 9.46.295 and 1974 ex.s. c 155 s 6 are each amended to read as follows:
     (1) Any license to engage in any of the gambling activities authorized by this chapter ((as now exists or as hereafter amended,)) and issued under the authority thereof shall be legal authority to engage in the gambling activities for which issued throughout the incorporated and unincorporated area of any county, except that a city or town located therein with respect to that city or town, or a county with respect to all areas within that county except for such cities or towns, may:
     (a) Absolutely prohibit((, but may not change the scope of license,)) any or all of the gambling activities for which the license was issued;
     (b) Within its jurisdiction, limit the number of house-banked social card games to those licensed and operating on the effective date of this act.
     (2) If a prohibition or limitation relating to house-banked social card games is repealed, the limitation cannot be reinstated for at least five years and a prohibition cannot be reinstated for at least ten years.
     (3) This section does not authorize any city, town, or county to adopt or enforce any ordinance, resolution, or other legislative act changing or purporting to change the scope of a license issued under this chapter.
     (4) A city or town with a prohibition or limitation on house-banked social card games that annexes an area that is within a jurisdiction that permits house-banked social card games may not impose its prohibition or limitation upon these house-banked social card games for at least three years after annexation. The three-year period under this subsection applies only to those house-banked social card games that are licensed and operating on the date of annexation.
     (5)(a) A city, town, or county that has adopted an ordinance, resolution, or other legislative act under subsection (1) of this section must file a copy of the ordinance, resolution, or other legislative act with the commission. The commission must adopt rules that allow the city, town, or county to electronically file the ordinance, resolution, or other legislative act with the commission.
     (b) A licensee must inform and verify to commission staff that it is permitted to conduct house-banked social card games in its chosen location when it applies or reapplies for a license. A verification under this subsection may consist of a letter certifying that the licensee may operate at the chosen location.
     (6) The commission, its members, and staff are absolutely immune from any legal action relating to a decision of the commission: To issue, renew, or not issue a license under this section; or that is based on the commission's interpretation of this section or any local ordinance, resolution, or other legislative act enacted or amended under this section. No court, board, agency, entity, or tribunal of any kind has jurisdiction to join the commission as a party to any such legal action.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.