BILL REQ. #:  H-3612.1 

Read first time 01/24/14.   Referred to Committee on Government Accountability & Oversight.

     AN ACT Relating to the use and possession of electronic or eletromechanical amusement machines; and amending RCW 9.46.0237 and 9.46.0241.

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

Sec. 1   RCW 9.46.0237 and 2005 c 351 s 1 are each amended to read as follows:
     "Gambling," as used in this chapter, means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include the use or operation of electronic or electromechanical amusement machines under RCW 9.46.0241(2), fishing derbies as defined by this chapter, parimutuel betting and handicapping contests as authorized by chapter 67.16 RCW, bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee and life, health, or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under this chapter shall not constitute gambling.

Sec. 2   RCW 9.46.0241 and 1994 c 218 s 8 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, "gambling device," as used in this chapter, means: (((1)))
     (a) Any device or mechanism the operation of which a right to money, credits, deposits, or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance((,)) including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance; (((2)))
     (b) Any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (((3)))
     (c) Any device, mechanism, furniture, fixture, construction, or installation designed primarily for use in connection with professional gambling; and (((4)))
     (d) Any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction, or installation. ((In the application of this definition,))
     (2) For the purposes of this chapter, "gambling device" does not include:
     (a) A pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof((, shall not be deemed a gambling device)): PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing, and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing, and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing, and transporting;
     (b) An electronic or electromechanical amusement machine that meets the following criteria:
     (i) Allows the player to participate in a contest or game that includes elements of both skill and chance;
     (ii) The contest or game is activated by the player through the insertion of coins or tokens into the machine; and
     (iii) Awards prizes, but the prizes are limited to merchandise or coupons, tickets or tokens redeemable for merchandise, but not monetary prizes.