BILL REQ. #: S-0780.2
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/24/2007. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to regulating house-banked social card games; amending RCW 9.46.295 and 9.46.070; adding new sections to chapter 9.46 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(1) Limit the number of licenses that may be issued for conducting
house-banked social card games; and
(2) Grant local jurisdictions limited authority to determine the
areas within which house-banked social card games may be conducted.
NEW SECTION. Sec. 2 A new section is added to chapter 9.46 RCW
to read as follows:
(a) As of January 1, 2007, was in operation under an unrevoked and
unexpired license to conduct a house-banked social card game in the
location identified in the license;
(b) As of January 1, 2007, had submitted a completed application to
obtain a license to conduct a house-banked social card game at an
identified location;
(c) Has purchased some or all of the assets of a business issued a
license under (a) or (b) of this subsection to conduct a house-banked
social card game and the application is for a license to continue to
conduct such games in the location identified in the previous license;
or
(d) Having been issued a license under (a), (b), or (c) of this
subsection, submits a timely application to renew the license for the
location identified in the license.
(2) A city, town, or county may not prohibit the holder of a
license issued by the commission to conduct a house-banked social card
game from conducting such games in the location identified by such
license except as follows:
(a) The jurisdiction has a prohibition in effect, enacted after the
effective date of this section, applying to house-banked social card
games that complies with RCW 9.46.295(1)(a).
(b) A jurisdiction, with a prohibition in effect applying to
house-banked social card games that complies with RCW 9.46.295(1)(a),
that annexes territory within which a holder of a license issued by the
commission to conduct a house-banked social card game is conducting
such games may prohibit that licensee from conducting such games;
however, such prohibition may not take effect until at least eighteen
months after the adoption of the ordinance, resolution, or other
legislative act prohibiting the licensee.
(3) This section does not restrict the right of:
(a) A holder of financial interest in the assets of an entity
licensed by the commission to conduct a house-banked social card game
from selling, exchanging, or otherwise transferring such interests in
such assets, subject to commission rules regarding the transfer of
gambling equipment.
(b) A holder of a license issued by the commission to conduct
house-banked social card games to relocate that business, subject to
the commission's review and approval, but only if the jurisdiction to
which the licensee proposes to relocate has in effect an ordinance,
resolution, or other legislative act enacted pursuant to section 4 of
this act.
Sec. 3 RCW 9.46.295 and 1974 ex.s. c 155 s 6 are each amended to
read as follows: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. However, such prohibition enacted after the effective date
of this section relating to house-banked social card games may not be
repealed for at least three years from the effective date of the
ordinance, resolution, or other legislative act enacting the
prohibition; or
(b) Determine the areas within which house-banked social card games
may be relocated as provided in section 4 of this act.
(2) 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.
NEW SECTION. Sec. 4 A new section is added to chapter 9.46 RCW
to read as follows:
(a) Allows the relocation of house-banked social card games within
all or part of the city, town, or county. If the ordinance,
resolution, or other legislative act allows such games in only part of
the jurisdiction, it must:
(i) Designate a land use zone or zones that is not less than
one-third of the land use zone or zones within which eating and
drinking establishments licensed by the liquor control board are
allowed to operate;
(ii) Apply uniformly throughout each designated land use zone or
zones within the jurisdiction, with no authority to grant variances or
nonconforming uses based on house-banked social card games; and
(iii) Apply only to house-banked social card rooms that did not
have an identified location in the jurisdiction as of January 1, 2007.
(b)(i) Prohibits house-banked social card games from relocating
within up to five hundred feet of any of the following uses that
existed on the initial application date of the license, as long as the
resulting land use zone or zones complies with (a) of this subsection:
(A) A building used exclusively for religious worship, religious
schooling, or other activity in connection therewith;
(B) A residence located in a zone composed predominantly of
single-family or multifamily residences;
(C) A tax-supported public elementary or secondary school or
private school meeting the requirements for private schools under Title
28A RCW; or
(D) Publicly owned or leased buildings designated within the
jurisdiction's comprehensive plan and used exclusively by the
jurisdiction as a place of business for its employees, elected
officials, or for public meetings, including but not limited to any
library, courthouse, jail, police station, or fire station.
(ii) Any distances established for the purposes of this subsection
(1)(b) must be measured in a straight line from the perimeter property
line of the grounds of the use identified under this subsection to the
nearest property line of the property within which an applicant has
applied to locate a house-banked social card game.
(2) The repeal of a land use zone enacted pursuant to this section
may not apply for at least three years from the effective date of such
ordinance, resolution, or other legislative act to the holder of a
license issued by the commission to conduct house-banked social card
games who is conducting such games in that location within the
jurisdiction on the date that the repeal took effect.
(3) For the purposes of this section, "land use zone" means any
area within a jurisdiction that: (a) Is defined by an action of a
jurisdiction's legislative body and appears on the jurisdiction's land
use zoning map; (b) is situated within a single, continuous, and
discrete boundary perimeter; and (c) uses within the area are subject
to the same zoning regulations, definitions, or standards as may be
determined by the jurisdiction.
(4) The land use petition act, chapter 36.70C RCW, governs
challenges regarding the adoption or enforcement of an ordinance,
resolution, or other legislative act enacted or amended pursuant to
this section.
(5) The commission, acting in good faith, is immune from liability
for damages for issuing or failing to issue a license for conducting a
house-banked social card game to the extent that a claim is based on
the commission's interpretation of an ordinance, resolution, or other
legislative act enacted or amended pursuant to this section.
Sec. 5 RCW 9.46.070 and 2002 c 119 s 1 are each amended to read
as follows:
(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)) such licenses for violation
of any provisions of this chapter or any rules ((and regulations))
adopted pursuant thereto((: PROVIDED, That)). However, except as
provided in section 2 of this act, 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)) such 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)) such licenses for
violation of any provisions of this chapter and any rules ((and
regulations)) adopted pursuant thereto((: PROVIDED, That)). However,
except as provided in section 2 of this act, 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)) such 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)) such 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. 6