BILL REQ. #:  S-3660.2 

Read first time 01/18/08.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to increasing the minimum age for gambling; amending RCW 9.46.0305, 9.46.110, 67.70.120, and 67.16.060; adding a new section to chapter 67.70 RCW; adding a new section to chapter 9.46 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 67.70 RCW to read as follows:
     In any advertising, including broadcast, print media, or written advertising, on behalf of the state lottery, the state lottery or its lottery sales agents may not actively target advertisement to persons under the age of twenty-one years.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.46 RCW to read as follows:
     (1) Except as otherwise provided in this chapter, no person may assist, participate with, or knowingly allow a person under the age of twenty-one years to engage in any wagering activity allowed by this chapter.
     (2) A person who violates this section is guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.

Sec. 3   RCW 9.46.0305 and 1987 c 4 s 25 are each amended to read as follows:
     The legislature hereby authorizes the wagering on the outcome of the roll of dice or the flipping of or matching of coins on the premises of an establishment engaged in the business of selling food or beverages for consumption on the premises to determine which of the participants will pay for coin-operated music on the premises or certain items of food or beverages served or sold by such establishment and therein consumed. Such establishments are hereby authorized to possess dice and dice cups on their premises, but only for use in such limited wagering. Persons engaged in such limited form of wagering shall not be subject to the criminal or civil penalties otherwise provided for in this chapter((: PROVIDED, That minors shall be barred from engaging in the wagering activities allowed by this chapter)).

Sec. 4   RCW 9.46.110 and 1999 c 221 s 1 are each amended to read as follows:
     (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county.
     (2) The operation of punch boards and pull-tabs are subject to the following conditions:
     (a) Chances may ((only)) not be sold to ((adults)) persons under the age of twenty-one years;
     (b) The price of a single chance may not exceed one dollar;
     (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab;
     (d) All prizes available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and
     (e) When any person wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary.
     (3)(a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes.
     (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes.
     (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise prizes.
     (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter.
     (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent.
     (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games.
     (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes.

Sec. 5   RCW 67.70.120 and 2003 c 53 s 303 are each amended to read as follows:
     (1) A ticket or share shall not be sold to any person under the age of ((eighteen)) twenty-one years, but this shall not be deemed to prohibit the purchase of a ticket or share for the purpose of making a gift by a person ((eighteen)) twenty-one years of age or older to a person less than that age.
     (2) Any licensee who knowingly sells or offers to sell a lottery ticket or share to any person under the age of ((eighteen)) twenty-one years is guilty of a misdemeanor.
     (3) In the event that a person under the age of ((eighteen)) twenty-one years directly purchases a ticket in violation of this section, that person is guilty of a misdemeanor. No prize will be paid to such person and the prize money otherwise payable on the ticket will be treated as unclaimed pursuant to RCW 67.70.190.

Sec. 6   RCW 67.16.060 and 1991 c 270 s 3 are each amended to read as follows:
     (1) It shall be unlawful:
     (a) To conduct pool selling, bookmaking, or to circulate hand books; ((or))
     (b) To bet or wager on any horse race other than by the parimutuel method; ((or))
     (c) For any licensee to take more than the percentage provided in RCW 67.16.170 and 67.16.175; ((or))
     (d) For any licensee to compute breaks in the parimutuel system otherwise than at ten cents;
     (e) For any person under the age of twenty-one years to engage in the wagering activities allowed by this chapter; or
     (f) For any person to assist, participate with, or knowingly allow a person under the age of twenty-one years to engage in any wagering activity allowed by this chapter.
     (2) Any willful violation of the terms of this chapter, or of any rule, regulation, or order of the commission shall constitute a gross misdemeanor and when such violation is by a person holding a license under this chapter, the commission may cancel the license held by the offender, and such cancellation shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the commission by the offender; and the action of the commission in that respect shall be final.
     (3) The commission shall have power to exclude from any and all race courses of the state of Washington any person whom the commission deems detrimental to the best interests of racing or any person who willfully violates any of the provisions of this chapter or of any rule, regulation, or order issued by the commission.
     (4) Every race meet held in this state contrary to the provisions of this chapter is hereby declared to be a public nuisance.