AN ACT Relating to gambling; amending RCW
9.46.070; providing an effective date; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 9.46.070 and 1987 c 4 s 38 are each amended to read as follows:
The commission shall have 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 may
require fingerprinting and background checks on any persons seeking licenses
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;
(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 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) To regulate and establish maximum
limitations on income derived from bingo((: PROVIDED, That)). 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) 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) 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 9.46.0281(4);
(13) 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) 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) 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) 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) 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) 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) To establish guidelines for determining
what constitutes active membership in bona fide nonprofit or charitable
organizations for the purposes of this chapter; and
(20) 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 shall take effect June 1, 1993.
