BILL REQ. #:  S-4137.2 

Read first time 01/17/2006.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to limiting the number and location of house-banked social card games; amending RCW 9.46.295 and 9.46.070; and declaring an emergency.

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

Sec. 1   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) The commission shall neither issue nor renew any license to engage in a house-banked card game except in a location specified in a license to conduct a house-banked card game that, as of December 31, 2005:
     (i) Is approved by the commission and is in effect; or
     (ii) Has been submitted to and has not subsequently been denied by the commission;
     (b) A licensee authorized to engage in house-banked card games pursuant to a license described in (a) of this subsection may continue to engage in gambling activity authorized under the license until the city, town, city-county, or county with jurisdiction over the location identified in the license has in effect an ordinance, resolution, or other legislative act adopted pursuant to (c) of this subsection prohibiting such gambling activity; and
     (c) A city located therein with respect to that city, or a county with respect to all areas within that county except for such cities, may absolutely prohibit((, but may not change the scope of license,)) any or all of the gambling activities for which the license was issued.
     (2) Nothing in this section authorizes any city, town, city-county, or county to adopt or enforce any ordinance, resolution, or other legislative act changing or purporting to change any provision within the scope of a license issued under this chapter.
     (3) For purposes of this section, an ordinance, resolution, or other legislative act that:
     (a) Prohibits all house-banked card games within the applicable jurisdiction on and after the effective date of the legislative act, or on and after any other date specified in the legislative act, shall be deemed to be an act adopted in compliance with subsection (1)(c) of this section; or
     (b) Allows any house-banked card games to continue to operate within the applicable jurisdiction for an indefinite period after the effective date of the legislative act, or another date, if any, specified in the legislative act, shall be deemed to be an act not in compliance with subsection (1)(c) of this section, and is null and void.
     (4) If a jurisdiction allowing house-banked card games on December 31, 2005, subsequently adopts an ordinance in compliance with subsection (1)(c) of this section, and later rescinds such ordinance in accordance with (b) of this subsection, the commission may issue or renew a license to engage in a house-banked card game in a location specified in an application submitted pursuant to rules adopted by the commission, only if:
     (a)(i) The location to which the applicant requests to be located is a location within the geographic boundaries of the jurisdiction described in this subsection; and (ii) the application for approval is submitted to the commission on or before December 31, 2010;
     (b) The city, town, city-county, or county described in this subsection adopts an ordinance or resolution approving an ordinance to rescind the ordinance adopted in compliance with subsection (1)(c) of this section by at least a sixty percent majority vote of both: (i) The members of the jurisdiction's legislative body; and (ii) the eligible voters of the jurisdiction who cast votes with respect to the adoption of such an ordinance at the first election at which a statewide candidate or measure appears on the same ballot as the proposition to adopt the ordinance approved by the jurisdiction's legislative body under this subsection; and
     (c) The commission approves the application to relocate with at least a sixty percent majority vote of the voting members of the commission.
     (5) The commission shall not approve an application submitted pursuant to subsection (4) of this section if the licensee: (a) Has previously applied to relocate the premise; or (b) does not meet any existing standard required to obtain or retain a license to engage in a house-banked card game.
     (6) An application to relocate a licensed premise under subsection (4) of this section shall not be approved, and if previously approved, the license to engage in a house-banked card game at such location shall be revoked and not subsequently issued or renewed in any location, if the licensee who submitted the application under subsection (4) of this section, or any director, officer, or other substantial interest holder of the licensed gambling activity, pleads guilty to or is found guilty of any crime constituting, or if prosecuted under the laws of Washington would constitute, a class A, B, or C felony under RCW 9A.20.021 or 9A.20.040 or Title 9 RCW, arising out of any act or acts that occurred at any time the licensee held a license issued by the commission.

Sec. 2   RCW 9.46.070 and 2002 c 119 s 1 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)). However, except as provided in RCW 9.46.295, 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)). However, except as provided in RCW 9.46.295, 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 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. 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 9.46.0282;
     (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. 3   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.