title: RCW 9.46.0356

text:
(1) The legislature authorizes:
(a) A business to conduct a promotional contest of chance as defined in this section, in this state, or partially in this state, whereby the elements of prize and chance are present but in which the element of consideration is not present;
(b) A financial institution, as defined in *RCW 30.22.040, to conduct a promotional contest of chance under this section in which: (i) A drawing for an annual prize is held that includes as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or any other savings program and retained those funds for at least twelve months in the savings account, certificate of deposit, or other savings program; and (ii) drawings for other prizes are held from time to time that include as eligible prize recipients only those persons who deposited funds at the financial institution in a savings account, certificate of deposit, or other savings program. No such contest may be conducted, either wholly or partially, by means of the internet.
(2) Promotional contests of chance under this section are not gambling as defined in RCW 9.46.0237.
(3) Promotional contests of chance shall be conducted as advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business.
(4) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(a) of this section may be required to:
(a) Pay any consideration to the promoter or operator of the business in order to participate in the contest; or
(b) Purchase any service, goods, wares, merchandise, or anything of value from the business, however, for other than contests entered through a direct mail solicitation, the promoter or sponsor may give additional entries or chances upon purchase of service, goods, wares, or merchandise if the promoter or sponsor provides an alternate method of entry requiring no consideration.
(5) No person eligible to receive a prize in a promotional contest of chance under subsection (1)(b) of this section may be required to pay any consideration other than the deposit of funds, or purchase any service, goods, wares, merchandise, or anything of value from the financial institution.
(6)(a) As used in this section, "consideration" means anything of pecuniary value required to be paid to the promoter or sponsor in order to participate in a promotional contest. Such things as visiting a business location, placing or answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.
(b) Coupons or entry blanks obtained by purchase of a bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not consideration.
(7) Unless authorized by the commission, equipment or devices made for use in a gambling activity are prohibited from use in a promotional contest.
(8) This section shall not be construed to permit noncompliance with chapter 19.170 RCW, promotional advertising of prizes, and chapter 19.86 RCW, unfair business practices.
[ 2011 c 303 s 2; 2000 c 228 s 1.]
Notes:
*Reviser's note: RCW 30.22.040 was recodified as RCW 30A.22.040 pursuant to 2014 c 37 s 4, effective January 5, 2015.
Findings—Intent—2011 c 303: "The legislature finds that consumer savings is essential, both for individuals seeking to obtain the American dream, and in order to rebuild a strong economy. The legislature further finds that for most of the last two decades, consumers have borrowed more than they have saved, with current United States savings rates under six percent. The legislature intends to encourage financial institutions to develop innovative products that create incentives to encourage consumer savings, particularly savings by low-income consumers." [ 2011 c 303 s 1.]

catchline: Promotional contests of chance authorized.


doc_type: statute

jurisdiction: wa

title: RCW 9.46.0361

text:
The legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit or license to do so from the commission, turkey shoots permitting wagers of money. Such contests shall not constitute such gambling or lottery as otherwise prohibited in this chapter, or be subject to civil or criminal penalties. Such organizations must be organized for purposes other than the conduct of turkey shoots.
Such turkey shoots shall be held in accordance with all other requirements of this chapter, other applicable laws, and rules that may be adopted by the commission. Gross revenues from all such turkey shoots held by the organization during the calendar year shall not exceed five thousand dollars. Turkey shoots conducted under this section shall meet the following requirements:
(1) The target shall be divided into one hundred or fewer equal sections, with each section constituting a chance to win. Each chance shall be offered directly to a prospective contestant for one dollar or less;
(2) The purchaser of each chance shall sign his or her name on the face of the section he or she purchases;
(3) The person shooting at the target shall not be a participant in the contest, but shall be a member of the organization conducting the contest;
(4) Participation in the contest shall be limited to members of the organization which is conducting the contest and their guests;
(5) The target shall contain the following information:
(a) Distance from the shooting position to the target;
(b) The gauge of the shotgun;
(c) The type of choke on the barrel;
(d) The size of shot that will be used; and
(e) The prize or prizes that are to be awarded in the contest;
(6) The targets, shotgun, and ammunition shall be available for inspection by any person purchasing a chance thereon, the commission, or by any law enforcement agency upon demand, at all times before the prizes are awarded;
(7) The turkey shoot shall award the prizes based upon the greatest number of shots striking a section;
(8) No turkey shoot may offer as a prize the right to advance or continue on to another turkey shoot or turkey shoot target; and
(9) Only bona fide members of the organization who are not paid for such service may participate in the management or operation of the turkey shoot, and all income therefrom, after deducting the cost of prizes and other expenses, shall be devoted solely to the lawful purposes of the organization.
[ 1987 c 4 s 36. Formerly RCW 9.46.030(12).]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Turkey shoots authorized.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 9.46.0364

text:
(1) Upon the request of a federally recognized Indian tribe or tribes in the state of Washington, the tribe's class III gaming compact may be amended pursuant to the Indian gaming regulatory act, 25 U.S.C. Sec. 2701 et seq., and RCW 9.46.360 to authorize the tribe to conduct and operate sports wagering on Indian lands, provided the amendment addresses: Licensing; fees associated with the gambling commission's regulation of sports wagering; how sports wagering will be conducted, operated, and regulated; issues related to criminal enforcement, including money laundering, sport integrity, and information sharing between the commission and the tribe related to such enforcement; and responsible and problem gambling. Sports wagering conducted pursuant to the gaming compact is a gambling activity authorized by this chapter.
(2) Sports wagering conducted pursuant to the provisions of a class III gaming compact entered into by a tribe and the state pursuant to RCW 9.46.360 is authorized bookmaking and is not subject to civil or criminal penalties pursuant to RCW 9.46.225.
[ 2026 c 246 s 3; 2020 c 127 s 2.]
Notes:
Intent—Short title—2026 c 246: See notes following RCW 9.46.037.
Intent—2020 c 127: "It has long been the policy of this state to prohibit all forms and means of gambling except where carefully and specifically authorized and regulated. The legislature intends to further this policy by authorizing sports wagering on a very limited basis by restricting it to tribal casinos in the state of Washington. Tribes have more than twenty years' experience with, and a proven track record of, successfully operating and regulating gaming facilities in accordance with tribal gaming compacts. Tribal casinos can operate sports wagering pursuant to these tribal gaming compacts, offering the benefits of the same highly regulated environment to sports wagering." [ 2020 c 127 s 1.]
Effective date—2020 c 127: "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 [March 25, 2020]." [ 2020 c 127 s 15.]

catchline: Sports wagering authorized.


title: RCW 9.46.0368

text:
The transmission of gambling information over the internet for any sports wagering conducted and operated under this section and RCW 9.46.0364 is authorized, provided that the wager may be placed and accepted at a tribe's gaming facility only while the customer placing the wager is physically present on the premises of a tribe's gaming facility.
[ 2026 c 246 s 4; 2020 c 127 s 9.]
Notes:
Intent—Short title—2026 c 246: See notes following RCW 9.46.037.
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.

catchline: Sports wagering over the internet authorized.


title: RCW 9.46.037

text:
(1)(a) No person shall offer, promise, give, or attempt to give any thing of value to any person for the purpose of influencing the outcome of a sporting event, athletic event, or competition upon which a wager may be made.
(b) No person shall place, increase, or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised, or given any thing of value for the purpose of influencing the outcome of a sporting event, athletic event, or competition upon which the wager is placed, increased, or decreased.
(c) No person shall offer, promise, give, or attempt to give any thing of value to obtain confidential or insider information not available to the public with intent to use the information to gain a wagering advantage on a sporting event, athletic event, or competition.
(d) No person shall accept or agree to accept, any thing of value for the purpose of wrongfully influencing his or her play, action, decision making, or conduct in any sporting event, athletic event, or competition upon which a wager may be made.
(e) Any person who violates this subsection (1) shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021.
(2)(a) No person shall knowingly threaten a sports official, coach, or participant involved in a sporting event, athletic event, or competition upon which a wager may be made where the threat is related to a wager on an act or occurrence in that sporting event, athletic event, or competition.
(i) A person violates this subsection (2)(a) if:
(A) Without lawful authority, the person threatens:
(I) To cause bodily injury immediately or in the future to the person threatened; or
(II) To cause physical damage immediately or in the future to the property of the person threatened; or
(B) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. For the purposes of this subsection, "words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
(ii) Threatening words do not constitute a violation of this subsection (2)(a) if it is apparent to the sports official, coach, or participant that the person does not have the present and future ability to carry out the threat.
(b) Any person who violates (a) of this subsection shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
(c) Any person who is convicted of violating this subsection (2) may not place any sports wagers.
[ 2026 c 246 s 5; 2020 c 127 s 5.]
Notes:
Intent—2026 c 246: "The state has long prohibited all forms and means of gambling except where carefully and specifically authorized and regulated. The legislature intends to bolster the regulated sports wagering industry. Currently, sports wagering in Washington is offered exclusively by tribal casinos subject to gaming compacts entered pursuant to the Indian gaming regulatory act. This offering has proven to meet the state's policy of offering gambling only in a highly regulated environment that is safe for the public." [ 2026 c 246 s 1.]
Short title—2026 c 246: "This act may be known and cited as the sports wagering integrity act." [ 2026 c 246 s 7.]
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.


title: RCW 9.46.038

text:
(1)(a) For purposes of this chapter, "sports wagering" means the business of accepting wagers on any of the following sporting events, athletic events, or competitions by any system or method of wagering:
(i) A professional sport or athletic event;
(ii) A collegiate sport or athletic event;
(iii) An Olympic or international sports competition or event;
(iv) An electronic sports or esports competition or event;
(v) A combination of sporting events, athletic events, or competitions listed in (a)(i) through (iv) of this subsection (1); or
(vi) A portion of any sporting event, athletic event, or competition listed in (a)(i) through (iv) of this subsection (1).
(b) Sports wagering does not include the business of accepting wagers on horse racing authorized pursuant to chapter 67.16 RCW.
(2) For purposes of this section:
(a) "Collegiate sport or athletic event" means a sport or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers education services beyond the secondary level. Sports wagering may not be conducted on:
(i) The performance or nonperformance of any specifically named individual participant in any collegiate sport or athletic event who is enrolled in an educational institution located within the state of Washington;
(ii) An in-game decision made by a coach who is employed by an educational institution located within the state of Washington; or
(iii) An officiating decision in a collegiate sport or athletic event offered or sponsored by, or played in connection with, an educational institution that is located within the state of Washington.
(b) "Electronic or esports event" means a live event or tournament attended or watched by members of the public where games or matches are contested in real time by players and teams and players or teams can win a prize based on their performance in the live event or tournament.
(c) "In-game decision" means a player substitution, a call for a timeout, a request or challenge for replay review, or an appeal of an officiating decision.
(d) "Officiating decision" includes, but is not limited to, an officiating assignment, a call or ruling for a penalty, foul, violation, or replay, or any other decision by a sports official, referee, or umpire that involves the individual's judgment.
(e) "Professional sport or athletic event" means an event that is not a collegiate sport or athletic event at which two or more persons participate in sports or athletic events and receive compensation in excess of actual expenses for their participation in the event. "Professional sport or athletic event" does not include any minor league sport. Sports wagering may not be conducted on any minor league sport.
[ 2026 c 246 s 2; 2020 c 127 s 11.]
Notes:
Intent—Short title—2026 c 246: See notes following RCW 9.46.037.
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.

catchline: Sports wagering—Defined.


title: RCW 9.46.039

text:
(1) A person may not hold, conduct, or operate live greyhound racing for public exhibition, parimutuel betting, or special exhibition events, if such activities are conducted for gambling purposes. A person may not transmit or receive intrastate or interstate simulcasting of greyhound racing for commercial, parimutuel, or exhibition purposes, if such activities are conducted for gambling purposes.
(2) A person who violates this section is guilty of a class B felony, under RCW 9.46.220, professional gambling in the first degree, and is subject to the penalty under RCW 9A.20.021.
[ 1996 c 252 s 1.]

catchline: Greyhound racing prohibited.


title: RCW 9.46.040

text:
There shall be a commission, known as the "Washington state gambling commission", consisting of five members appointed by the governor with the consent of the senate. The members of the commission shall be appointed within thirty days of July 16, 1973 for terms beginning July 1, 1973, and expiring as follows: One member of the commission for a term expiring July 1, 1975; one member of the commission for a term expiring July 1, 1976; one member of the commission for a term expiring July 1, 1977; one member of the commission for a term expiring July 1, 1978; and one member of the commission for a term expiring July 1, 1979; each as the governor so determines. Their successors, all of whom shall be citizen members appointed by the governor with the consent of the senate, upon being appointed and qualified, shall serve six year terms: PROVIDED, That no member of the commission who has served a full six year term shall be eligible for reappointment. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the commission shall impair the right of the remaining member or members to act, except as in RCW 9.46.050(2) provided.
In addition to the members of the commission there shall be four ex officio members without vote from the legislature consisting of: (1) Two members of the senate, one from the majority political party and one from the minority political party, both to be appointed by the president of the senate; (2) two members of the house of representatives, one from the majority political party and one from the minority political party, both to be appointed by the speaker of the house of representatives; such appointments shall be for the term of two years or for the period in which the appointee serves as a legislator, whichever expires first; members may be reappointed; vacancies shall be filled in the same manner as original appointments are made. Such ex officio members who shall collect data deemed essential to future legislative proposals and exchange information with the board shall be deemed engaged in legislative business while in attendance upon the business of the board and shall be limited to such allowances therefor as otherwise provided in RCW 44.04.120, the same to be paid from the "gambling revolving fund" as being expenses relative to commission business.
[ 1974 ex.s. c 155 s 12; 1974 ex.s. c 135 s 12; 1973 1st ex.s. c 218 s 4.]
Notes:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.


title: RCW 9.46.050

text:
(1) Upon appointment of the initial membership the commission shall meet at a time and place designated by the governor and proceed to organize, electing one of such members as chair of the commission who shall serve until July 1, 1974; thereafter a chair shall be elected annually.
(2) A majority of the members shall constitute a quorum of the commission: PROVIDED, That all actions of the commission relating to the regulation of licensing under this chapter shall require an affirmative vote by three or more members of the commission.
(3) The principal office of the commission shall be at the state capitol, and meetings shall be held at least quarterly and at such other times as may be called by the chair or upon written request to the chair of a majority of the commission.
(4) Members shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.
(5) Before entering upon the duties of his or her office, each of the members of the commission shall enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor, in the penal sum of fifty thousand dollars, conditioned upon the faithful performance of his or her duties, and shall take and subscribe to the oath of office prescribed for elective state officers, which oath and bond shall be filed with the secretary of state. The premium for said bond shall be paid by the commission.
(6) Any member of the commission may be removed for inefficiency, malfeasance, or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final. Removal of any member of the commission by the tribunal shall disqualify such member for reappointment.
[ 2011 c 336 s 302; 1984 c 287 s 9; 1975-'76 2nd ex.s. c 34 s 7; 1973 1st ex.s. c 218 s 5.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Gambling commission—Chair—Quorum—Meetings—Compensation and travel expenses—Bond—Removal.


title: RCW 9.46.060

text:
(1) The attorney general shall be general counsel for the state gambling commission and shall assign such assistants as may be necessary in carrying out the purposes and provisions of this chapter, which shall include instituting and prosecuting any actions and proceedings necessary thereto.
(2) The state auditor shall audit the books, records, and affairs of the commission annually. The commission shall pay to the state treasurer for the credit of the state auditor such funds as may be necessary to defray the costs of such audits. The commission may provide for additional audits by certified public accountants. All such audits shall be public records of the state.
The payment for legal services and audits as authorized in this section shall be paid upon authorization of the commission from moneys in the gambling revolving fund.
[ 1973 1st ex.s. c 218 s 6.]


title: RCW 9.46.070

text:
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 punchboards 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 punchboards 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. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(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 manufacturing, selling, distributing, or otherwise supplying of devices, equipment, software, hardware, or any gambling-related services for use within this state for those activities authorized by this chapter. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(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, (b) participating as an employee in the operation of any gambling activity, or (c) participating as an employee in the operation, management, or providing of gambling-related services for sports wagering, 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 (a) the nature, character, and scope of the activities of the licensee; (b) the source of all other income of the licensee; and (c) 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)(a) 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.
(b) 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 may authorize the director to temporarily issue or suspend licenses subject to final action by the commission. 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;
(20) To renew the license of every person who applies for renewal within six months after being discharged, removed, or released from active military service in the armed forces of the United States with a qualifying discharge as defined in RCW 73.04.005, upon payment of the renewal fee applicable to the license period, if there is no cause for denial, suspension, or revocation of the license;
(21) 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 that engages in any sports wagering-related services for use within this state for sports wagering activities authorized by this chapter. The commission may authorize the director to temporarily issue or suspend licenses subject to final action by the commission;
(22) To issue licenses under subsections (1) through (4) of this section that are valid for a period of up to eighteen months, if it chooses to do so, in order to transition to the use of the business licensing services program through the department of revenue; and
(23) To perform all other matters and things necessary to carry out the purposes and provisions of this chapter.
[ 2024 c 146 s 9; 2020 c 127 s 3; 2012 c 116 s 1; 2007 c 206 s 1; 2002 c 119 s 1; 1999 c 143 s 6; 1993 c 344 s 1; 1987 c 4 s 38; 1981 c 139 s 3. Prior: 1977 ex.s. c 326 s 3; 1977 ex.s. c 76 s 2; 1975-'76 2nd ex.s. c 87 s 4; 1975 1st ex.s. c 259 s 4; 1974 ex.s. c 155 s 4; 1974 ex.s. c 135 s 4; 1973 2nd ex.s. c 41 s 4; 1973 1st ex.s. c 218 s 7.]
Notes:
Intent—2024 c 146: See note following RCW 73.04.005.
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
Effective date—1993 c 344: "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." [ 1993 c 344 s 2.]
Severability—1981 c 139: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 139 s 19.]
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
Enforcement—Commission as a law enforcement agency: RCW 9.46.210.

catchline: Gambling commission—Powers and duties.


title: RCW 9.46.0701

text:
The commission may allow existing licensees under RCW 9.46.070(1) to share facilities at one location.
[ 2002 c 369 s 2.]

catchline: Charitable or nonprofit organizations—Sharing facilities.


title: RCW 9.46.071

text:
(1) The legislature recognizes that some individuals in this state are negatively impacted by problem gambling and gambling disorder. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of problem gambling services. Therefore, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall maintain placement of problem gambling and gambling disorder informational signs which include a toll-free helpline number for problem gambling and gambling disorder. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers.
The Washington state gambling commission, the Washington horse racing commission, and the state lottery commission may also contract with other qualified entities to provide public awareness, training, and other services to ensure the intent of this section is fulfilled.
(2) Individuals and families impacted by problem gambling or gambling disorder will benefit from the availability of a uniform self-exclusion program where people may voluntarily exclude themselves from gambling at multiple gambling establishments by submitting one self-exclusion form to the state from one location for all gambling activities. Therefore, the Washington state gambling commission must establish a statewide self-exclusion program for all licensees. The commission has discretion in establishing the scope, process, and requirements of the self-exclusion program, including denying, suspending, or revoking an application, license, or permit. However, the initial program must comply with the following minimum requirements:
(a) The program must allow persons to voluntarily exclude themselves from gambling at authorized gambling establishments that offer house-banked social card games;
(b) The program must have a process for federally recognized Indian tribes or tribal enterprises that own gambling operations or facilities with class III gaming compacts to voluntarily participate in the self-exclusion program;
(c)(i) Any individual registered with the self-exclusion program created under this section is prohibited from participating in gambling activities associated with this program and forfeits all moneys and things of value obtained by the individual or owed to the individual by an authorized gambling establishment as a result of prohibited wagers or gambling activities. The commission may adopt rules for the forfeiture of any moneys or things of value, including wagers, obtained by an authorized gambling establishment while an individual is registered with the self-exclusion program created under this section.
(ii) Moneys and things of value forfeited under the self-exclusion program must be distributed to the problem gambling account created in RCW 41.05.751 and/or a charitable or nonprofit organization that provides problem gambling services or increases awareness about problem gambling pursuant to rules adopted by the commission; and
(d) The commission must adopt rules establishing the self-exclusion program by June 30, 2021.
(3) An individual who participates in the self-exclusion program does not have a cause of action against the state of Washington, the commission, or any gambling establishment, its employees, or officers for any acts or omissions in processing or enforcing the requirements of the self-exclusion program, including a failure to prevent an individual from gambling at an authorized gambling establishment.
(4) Any personal information collected, stored, or accessed under the self-exclusion program may only be used for the administration of the self-exclusion program and may not be disseminated for any purpose other than the administration of the self-exclusion program.
(5)(a) During any period in which RCW 82.04.285(2) is in effect, the commission may not increase fees payable by licensees under its jurisdiction for the purpose of funding services for problem gambling and gambling disorder. Any fee imposed or increased by the commission, for the purpose of funding these services, before July 1, 2005, has no force and effect after July 1, 2005.
(b) During any period in which RCW 82.04.285(2) is not in effect:
(i) The commission, the Washington state horse racing commission, and the state lottery commission may contract for services, in addition to those authorized in subsection (1) of this section, to assist in providing for problem gambling and gambling disorder treatment; and
(ii) The commission may increase fees payable by licensees under its jurisdiction for the purpose of funding the problem gambling and gambling disorder services authorized in this section.
[ 2023 c 284 s 6; 2019 c 213 s 1; 2005 c 369 s 9; 2003 c 75 s 1; 1994 c 218 s 6.]
Notes:
Findings—Intent—Effective date—2023 c 284: See notes following RCW 41.05.750.
Findings—Intent—Severability—Effective date—2005 c 369: See notes following RCW 41.05.750.
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Information concerning problem gambling—Self-exclusion program—Fee increases.


title: RCW 9.46.072

text:
An entity licensed under RCW 9.46.070(1) which conducts or allows its premises to be used for conducting bingo on more than three occasions per week shall include the following statement in any advertising or promotion of gambling activity conducted by the licensee:
"CAUTION: Participation in gambling activity may result in pathological gambling behavior causing emotional and financial harm. For help, call 1-800-547-6133."
For purposes of this section, "advertising" includes print media, point-of-sale advertising, electronic media, billboards, and radio advertising.
[ 2002 c 369 s 3.]

catchline: Pathological gambling behavior—Warning.


title: RCW 9.46.075

text:
The commission may deny an application, or suspend or revoke any license or permit issued by it, for any reason or reasons, it deems to be in the public interest. These reasons shall include, but not be limited to, cases wherein the applicant or licensee, or any person with any interest therein:
(1) Has violated, failed or refused to comply with the provisions, requirements, conditions, limitations or duties imposed by chapter 9.46 RCW and any amendments thereto, or any rules adopted by the commission pursuant thereto, or when a violation of any provision of chapter 9.46 RCW, or any commission rule, has occurred upon any premises occupied or operated by any such person or over which he or she has substantial control;
(2) Knowingly causes, aids, abets, or conspires with another to cause, any person to violate any of the laws of this state or the rules of the commission;
(3) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;
(4) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude;
(5) Denies the commission or its authorized representatives, including authorized local law enforcement agencies, access to any place where a licensed activity is conducted or who fails promptly to produce for inspection or audit any book, record, document or item required by law or commission rule;
(6) Shall fail to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity;
(7) Makes a misrepresentation of, or fails to disclose, a material fact to the commission;
(8) Fails to prove, by clear and convincing evidence, that he, she or it is qualified in accordance with the provisions of this chapter;
(9) Is subject to current prosecution or pending charges, or a conviction which is under appeal, for any of the offenses included under subsection (4) of this section: PROVIDED, That at the request of an applicant for an original license, the commission may defer decision upon the application during the pendency of such prosecution or appeal;
(10) Has pursued or is pursuing economic gain in an occupational manner or context which is in violation of the criminal or civil public policy of this state if such pursuit creates probable cause to believe that the participation of such person in gambling or related activities would be inimical to the proper operation of an authorized gambling or related activity in this state. For the purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management or execution of an activity for financial gain;
(11) Is a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates probable cause to believe that the association is of such a nature as to be inimical to the policy of this chapter or to the proper operation of the authorized gambling or related activities in this state. For the purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations of the public policy of this state. A career offender cartel shall be defined as any group of persons who operate together as career offenders.
For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license the gambling commission may consider any prior criminal conduct of the applicant or licensee and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases.
[ 1981 c 139 s 4; 1975 1st ex.s. c 166 s 12.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Gambling commission—Denial, suspension, or revocation of license, permit—Other provisions not applicable.


title: RCW 9.46.077

text:
The commission, when suspending any license for a period of thirty days or less, may further provide in the order of suspension that such suspension shall be vacated upon payment to the commission of a monetary penalty in an amount then fixed by the commission.
[ 1981 c 139 s 5.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Gambling commission—Vacation of certain suspensions upon payment of monetary penalty.


title: RCW 9.46.080

text:
The commission shall employ a full time director, who shall be the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations adopted by the commission governing the activities authorized hereunder and shall supervise commission employees in carrying out the purposes and provisions of this chapter. In addition, the director shall employ a deputy director, not more than three assistant directors, together with such investigators and enforcement officers and such staff as the commission determines is necessary to carry out the purposes and provisions of this chapter. The director, the deputy director, the assistant directors, and personnel occupying positions requiring the performing of undercover investigative work shall be exempt from the provisions of chapter 41.06 RCW, as now law or hereafter amended. Neither the director nor any commission employee working therefor shall be an officer or manager of any bona fide charitable or bona fide nonprofit organization, or of any organization which conducts gambling activity in this state.
The director, subject to the approval of the commission, is authorized to enter into agreements on behalf of the commission for mutual assistance and services, based upon actual costs, with any state or federal agency or with any city, town, or county, and such state or local agency is authorized to enter into such an agreement with the commission. If a needed service is not available from another agency of state government within a reasonable time, the director may obtain that service from private industry.
[ 1994 c 218 s 14; 1981 c 139 s 6; 1977 ex.s. c 326 s 4; 1974 ex.s. c 155 s 7; 1974 ex.s. c 135 s 7; 1973 1st ex.s. c 218 s 8.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Gambling commission—Administrator—Staff—Rules and regulations—Service contracts.


title: RCW 9.46.085

text:
A member or employee of the gambling commission shall not:
(1) Serve as an officer or manager of any corporation or organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross profits of any gambling activity regulated by the commission;
(3) Be beneficially interested in any contract for the manufacture or sale of gambling devices, the conduct of [a] gambling activity, or the provision of independent consultant services in connection with a gambling activity.
[ 1986 c 4 s 1.]

catchline: Gambling commission—Members and employees—Activities prohibited.


title: RCW 9.46.090

text:
Subject to RCW 40.07.040, the commission shall, from time to time, make reports to the governor and the legislature covering such matters in connection with this chapter as the governor and the legislature may require. These reports shall be public documents and contain such general information and remarks as the commission deems pertinent thereto and any information requested by either the governor or members of the legislature: PROVIDED, That the commission appointed pursuant to RCW 9.46.040 may conduct a thorough study of the types of gambling activity permitted and the types of gambling activity prohibited by this chapter and may make recommendations to the legislature as to: (1) Gambling activity that ought to be permitted; (2) gambling activity that ought to be prohibited; (3) the types of licenses and permits that ought to be required; (4) the type and amount of tax that ought to be applied to each type of permitted gambling activity; (5) any changes which may be made to the law of this state which further the purposes and policies set forth in RCW 9.46.010 as now law or hereafter amended; and (6) any other matter that the commission may deem appropriate. However, no later than December 1st of the year following any authorization by the legislature of a new gambling activity, any report by the commission to the governor and the appropriate committees of the legislature must include information on the state of the gambling industry both within the state and nationwide. Members of the commission and its staff may contact the legislature, or any of its members, at any time, to advise it of recommendations of the commission.
[ 2020 c 127 s 12; 1987 c 505 s 3; 1981 c 139 s 7; 1977 c 75 s 4; 1975 1st ex.s. c 166 s 4; 1973 1st ex.s. c 218 s 9.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1975 1st ex.s. c 166 s 15.]

catchline: Gambling commission—Reports.


title: RCW 9.46.095

text:
No court of the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the commission or any member thereof for anything done or omitted to be done in or arising out of the performance of his or her duties under this title: PROVIDED, That an appeal from an adjudicative proceeding involving a final decision of the commission to deny, suspend, or revoke a license shall be governed by chapter 34.05 RCW, the Administrative Procedure Act.
Neither the commission nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person because of any acts performed or done, or omitted to be done, by the commission or any member of the commission, or any employee of the commission, in the performance of his or her duties and in the administration of this title.
[ 1989 c 175 s 41; 1981 c 139 s 17.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Gambling commission—Proceedings against, jurisdiction—Immunity from liability.


title: RCW 9.46.100

text:
There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by the commission or any employee thereof, except for change funds and an amount of petty cash as fixed by rule or regulation of the commission, shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the gambling revolving fund. Disbursements from the revolving fund shall be on authorization of the commission or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the gambling revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund. All expenses relative to commission business, including but not limited to salaries and expenses of the director and other commission employees shall be paid from the gambling revolving fund.
During the 2003-2005 and 2025-2027 fiscal biennia, the legislature may transfer from the gambling revolving fund to the state general fund such amounts as reflect the excess nontribal fund balance of the fund. The commission shall not increase fees during the 2003-2005 fiscal biennium for the purpose of restoring the excess fund balance transferred under this section.
[ 2025 c 424 s 918; 2004 c 276 s 903; 2002 c 371 s 901; 1991 sp.s. c 16 s 917; 1985 c 405 s 505; 1977 ex.s. c 326 s 5; 1973 1st ex.s. c 218 s 10.]
Notes:
Effective date—2025 c 424: "Except for section 940 of this act, 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 [May 20, 2025]." [ 2025 c 424 s 1915.]
Severability—Effective date—2004 c 276: See notes following RCW 43.330.167.
Severability—2002 c 371: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 371 s 926.]
Effective date—2002 c 371: "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 [April 5, 2002]." [ 2002 c 371 s 927.]
Severability—1991 sp.s. c 16: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 sp.s. c 16 s 926.]
Effective date—1991 sp.s. c 16: "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 July 1, 1991 except for section 916, which shall take effect immediately." [ 1991 sp.s. c 16 s 927.]
Severability—1985 c 405: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 405 s 510.]


title: RCW 9.46.110

text:
(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 punchboards and pull-tabs are subject to the following conditions:
(a) Chances may only be sold to adults;
(b) The price of a single chance may not exceed five dollars;
(c) No punchboard 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 punchboard 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 punchboard 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 punchboard 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 punchboards 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 punchboards 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.
[ 2020 c 70 s 1; 1999 c 221 s 1; 1997 c 394 s 4; 1994 c 301 s 2; 1991 c 161 s 1; 1987 c 4 s 39. Prior: 1985 c 468 s 2; 1985 c 172 s 1; 1981 c 139 s 8; 1977 ex.s. c 198 s 1; 1974 ex.s. c 155 s 8; 1974 ex.s. c 135 s 8; 1973 1st ex.s. c 218 s 11.]
Notes:
Effective date—1999 c 221: "This act takes effect January 1, 2000." [ 1999 c 221 s 2.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Taxation of gambling activities—Limitations—Restrictions on punchboards and pull-tabs—Lien.


title: RCW 9.46.113

text:
Any county, city or town which collects a tax on gambling activities authorized pursuant to RCW 9.46.110 must use the revenue from such tax primarily for the purpose of public safety.
[ 2010 c 127 s 6; 1975 1st ex.s. c 166 s 11.]
Notes:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Taxation of gambling activities—Disbursement.


title: RCW 9.46.116

text:
The commission shall charge fees or increased fees on pull-tabs sold over-the-counter and on sales from punchboards and pull-tab devices at levels necessary to assure that the increased revenues are equal or greater to the amount of revenue lost by removing the special tax on coin-operated gambling devices by the 1984 repeal of *RCW 9.46.115.
[ 1985 c 7 s 2; 1984 c 135 s 2.]
Notes:
*Reviser's note: RCW 9.46.115 was repealed by 1984 c 135 s 1, effective July 1, 1984.
Effective date—1984 c 135: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1984." [ 1984 c 135 s 3.]

catchline: Fees on pull-tab and punchboard sales.


title: RCW 9.46.120

text:
(1) Except in the case of an agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a member of a bona fide charitable or nonprofit organization (and their employees) or any other person, association or organization (and their employees) approved by the commission, shall take any part in the management or operation of any gambling activity authorized under this chapter unless approved by the commission. No person who takes any part in the management or operation of any such gambling activity shall take any part in the management or operation of any gambling activity conducted by any other organization or any other branch of the same organization unless approved by the commission. No part of the proceeds of the activity shall inure to the benefit of any person other than the organization conducting such gambling activities or if such gambling activities be for the charitable benefit of any specific persons designated in the application for a license, then only for such specific persons as so designated.
(2) No bona fide charitable or nonprofit organization or any other person, association or organization shall conduct any gambling activity authorized under this chapter in any leased premises if rental for such premises is unreasonable or to be paid, wholly or partly, on the basis of a percentage of the receipts or profits derived from such gambling activity.
[ 1997 c 394 s 3; 1987 c 4 s 40; 1973 1st ex.s. c 218 s 12.]

catchline: Restrictions on management or operation personnel—Restriction on leased premises.


title: RCW 9.46.130

text:
(1) The premises and paraphernalia, and all the books and records, databases, hardware, software, or any other electronic data storage device of any person, association, or organization conducting gambling activities authorized under this chapter and any person, association, or organization receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the commission or its designee, the attorney general or his or her designee, the chief of the Washington state patrol or his or her designee or the prosecuting attorney, sheriff, or director of public safety or their designees of the county wherein located, or the chief of police or his or her designee of any city or town in which said organization is located, for the purpose of determining compliance or noncompliance with the provisions of this chapter and any rules or regulations or local ordinances adopted pursuant thereto or any federal or state law. A reasonable time for the purpose of this section shall be: (a) If the items or records to be inspected or audited are located anywhere upon a premises any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or at which they are usually open; or (b) if the items or records to be inspected or audited are not located upon a premises set out in (a) of this subsection, then any time between the hours of 8:00 a.m. and 9:00 p.m., Monday through Friday.
(2) The commission shall be provided at such reasonable intervals as the commission shall determine with a report, under oath, detailing all receipts and disbursements in connection with such gambling activities together with such other reasonable information as required in order to determine whether such activities comply with the purposes of this chapter or any local ordinances relating thereto.
(3) The commission may require the submission of reports on suspicious activities or irregular betting activities to effectively identify players, wagering information, and suspicious and illegal transactions, including the laundering of illicit funds.
[ 2020 c 127 s 4; 2011 c 336 s 303; 1981 c 139 s 10; 1975 1st ex.s. c 166 s 7; 1973 1st ex.s. c 218 s 13.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Inspection and audit of premises, paraphernalia, books, records, databases, hardware, software, or electronic data storage device—Reports for the commission—Reports on suspicious activities or irregular betting activities.


title: RCW 9.46.140

text:
(1) The commission or its authorized representative may:
(a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; and
(b) Inspect the books, documents, and records of any person lending money to or in any manner financing any license holder or applicant for a license or receiving any income or profits from the use of such license for the purpose of determining compliance or noncompliance with the provisions of this chapter or the rules and regulations adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding under this chapter, the commission or an administrative law judge appointed under chapter 34.12 RCW may conduct hearings, administer oaths or affirmations, or upon the commission's or administrative law judge's motion or upon request of any party may subpoena witnesses, compel attendance, take depositions, take evidence, or require the production of any matter which is relevant to the investigation or proceeding, including but not limited to the existence, description, nature, custody, condition, or location of any books, documents, or other tangible things, or the identity or location of persons having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the administrative law judge and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under chapter 34.12 RCW may conduct hearings respecting the suspension, revocation, or denial of licenses, who may administer oaths, admit or deny admission of evidence, compel the attendance of witnesses, issue subpoenas, issue orders, and exercise all other powers and perform all other functions set out in RCW 34.05.446, 34.05.449, and 34.05.452.
(5) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the Administrative Procedure Act, chapter 34.05 RCW.
[ 1989 c 175 s 42; 1981 c 67 s 16; 1977 ex.s. c 326 s 7; 1975 1st ex.s. c 166 s 8; 1973 1st ex.s. c 218 s 14.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW 34.12.010.
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Gambling commission—Investigations—Inspections—Hearing and subpoena power—Administrative law judges.


title: RCW 9.46.150

text:
(1) Any activity conducted in violation of any provision of this chapter may be enjoined in an action commenced by the commission through the attorney general or by the prosecuting attorney or legal counsel of any city or town in which the prohibited activity may occur.
(2) When a violation of any provision of this chapter or any rule or regulation adopted pursuant hereto has occurred on any property or premises for which one or more licenses, permits, or certificates issued by this state, or any political subdivision or public agency thereof are in effect, all such licenses, permits and certificates may be voided and no license, permit, or certificate so voided shall be issued or reissued for such property or premises for a period of up to sixty days thereafter.
[ 1973 1st ex.s. c 218 s 15.]

catchline: Injunctions—Voiding of licenses, permits, or certificates.


title: RCW 9.46.153

text:
(1) It shall be the affirmative responsibility of each applicant and licensee to establish by clear and convincing evidence the necessary qualifications for licensure of each person required to be qualified under this chapter, as well as the qualifications of the facility in which the licensed activity will be conducted;
(2) All applicants and licensees shall consent to inspections, searches and seizures and the supplying of handwriting examples as authorized by this chapter and rules adopted hereunder;
(3) All licensees, and persons having any interest in licensees, including but not limited to employees and agents of licensees, and other persons required to be qualified under this chapter or rules of the commission shall have a duty to inform the commission or its staff of any action or omission which they believe would constitute a violation of this chapter or rules adopted pursuant thereto. No person who so informs the commission or the staff shall be discriminated against by an applicant or licensee because of the supplying of such information;
(4) All applicants, licensees, persons who are operators or directors thereof and persons who otherwise have a substantial interest therein shall have the continuing duty to provide any assistance or information required by the commission and to investigations conducted by the commission. If, upon issuance of a formal request to answer or produce information, evidence or testimony, any applicant, licensee or officer or director thereof or person with a substantial interest therein, refuses to comply, the applicant or licensee may be denied or revoked by the commission;
(5) All applicants and licensees shall waive any and all liability as to the state of Washington, its agencies, employees and agents for any damages resulting from any disclosure or publication in any manner, other than a wilfully unlawful disclosure or publication, of any information acquired by the commission during its licensing or other investigations or inquiries or hearings;
(6) Each applicant or licensee may be photographed for investigative and identification purposes in accordance with rules of the commission;
(7) An application to receive a license under this chapter or rules adopted pursuant thereto constitutes a request for determination of the applicant's and those person's with an interest in the applicant, general character, integrity and ability to engage or participate in, or be associated with, gambling or related activities impacting this state. Any written or oral statement made in the course of an official investigation, proceeding or process of the commission by any member, employee or agent thereof or by any witness, testifying under oath, which is relevant to the investigation, proceeding or process, is absolutely privileged and shall not impose any liability for slander, libel or defamation, or constitute any grounds for recovery in any civil action.
[ 1981 c 139 s 14.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Applicants and licensees—Responsibilities and duties—Waiver of liability—Investigation statement as privileged.


title: RCW 9.46.155

text:
(1) No applicant or licensee shall give or provide, or offer to give or provide, directly or indirectly, to any public official or employee or agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or share of the money or property paid or received through gambling activities, in consideration for obtaining any license, authorization, permission or privilege to participate in any gaming operations except as authorized by this chapter or rules adopted pursuant thereto.
(2) Violation of this section is a class C felony for which a person, upon conviction, shall be punished by imprisonment for not more than five years or a fine of not more than one hundred thousand dollars, or both.
[ 2003 c 53 s 34; 1981 c 139 s 15.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Applicants and licensees—Bribes to public officials, employees, agents—Penalty.


title: RCW 9.46.158

text:
No applicant for a license from, nor licensee of, the commission, nor any operator of any gambling activity, shall, without advance approval of the commission, knowingly permit any person to participate in the management or operation of any activity for which a license from the commission is required or which is otherwise authorized by this chapter if that person:
(1) Has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude; or
(2) Has violated, failed, or refused to comply with provisions, requirements, conditions, limitations or duties imposed by this chapter, and any amendments thereto, or any rules adopted by the commission pursuant thereto, or has permitted, aided, abetted, caused, or conspired with another to cause, any person to violate any of the provisions of this chapter or rules of the commission.
[ 1981 c 139 s 18.]
Notes:
Severability—1981 c 139: See note following RCW 9.46.070.

catchline: Applicants, licensees, operators—Commission approval for hiring certain persons.


title: RCW 9.46.160

text:
Any person who conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license issued by the commission shall be guilty of a class B felony. If any corporation conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license issued by the commission, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section.
[ 1991 c 261 s 3; 1975 1st ex.s. c 166 s 9; 1973 1st ex.s. c 218 s 16.]
Notes:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.

catchline: Conducting activity without license.


title: RCW 9.46.170

text:
Whoever, in any application for a license or in any book or record required to be maintained by the commission or in any report required to be submitted to the commission, shall make any false or misleading statement, or make any false or misleading entry or wilfully fail to maintain or make any entry required to be maintained or made, or who wilfully refuses to produce for inspection by the commission, or its designee, any book, record, or document required to be maintained or made by federal or state law, shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
[ 1991 c 261 s 4; 1973 1st ex.s. c 218 s 17.]

catchline: False or misleading entries or statements, refusal to produce records.


title: RCW 9.46.180

text:
Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any provision of this chapter shall be guilty of a class B felony subject to the penalty in RCW 9A.20.021.
[ 1991 c 261 s 5; 1977 ex.s. c 326 s 8; 1973 1st ex.s. c 218 s 18.]

catchline: Causing person to violate chapter.


title: RCW 9.46.185

text:
Any person who knowingly causes, aids, abets, or conspires with another to cause any person to violate any rule or regulation adopted pursuant to this chapter shall be guilty of a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
[ 1991 c 261 s 6; 1977 ex.s. c 326 s 9.]

catchline: Causing person to violate rule or regulation.


title: RCW 9.46.190

text:
Any person, association, or organization operating any gambling activity may not, directly or indirectly, in the course of such operation:
(1) Employ any device, scheme, or artifice to defraud;
(2) Make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made not misleading, in the light of the circumstances under which said statement is made;
(3) Engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any person;
(4) Alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players;
(5) Place, increase, or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing, or decreasing a bet or determining the course of play contingent upon that event or outcome;
(6) Knowingly entice or induce another person to go to any place where a gambling activity is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling activity;
(7) Place or increase a bet after acquiring knowledge of the outcome of the game or other event that is the subject of the bet, including past posting and pressing bets; or
(8) Reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event that is the subject of the bet, including pinching bets. Any person, association, or organization that violates this section shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021.
[ 2020 c 127 s 6; 1991 c 261 s 7; 1977 ex.s. c 326 s 10; 1973 1st ex.s. c 218 s 19.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.

catchline: Violations relating to fraud, deceit, altering or misrepresenting, betting, or gambling—Penalty.


title: RCW 9.46.192

text:
Every city or town is authorized to enact as an ordinance of that city or town any or all of the sections of this chapter the violation of which constitutes a misdemeanor or gross misdemeanor. The city or town may not modify the language of any section of this chapter in enacting such section except as necessary to put the section in the proper form of an ordinance or to provide for a sentence [to] be served in the appropriate detention facility. The ordinance must provide for the same maximum penalty for its violation as may be imposed under the section in this chapter.
[ 1977 ex.s. c 326 s 11.]

catchline: Cities and towns—Ordinance enacting certain sections of chapter—Limitations—Penalties.


title: RCW 9.46.193

text:
District courts operating under the provisions of chapters 3.30 through 3.74 RCW, except municipal departments of such courts operating under chapter 3.46 RCW and municipal courts operating under chapter 3.50 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine misdemeanor and gross misdemeanor violations of this chapter and violations of any ordinance passed under authority of this chapter by any city or town.
Municipal courts operating under chapters 35.20 or 3.50 RCW and municipal departments of the district court operating under chapter 3.46 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine violations of any ordinance passed under authority of this chapter by the city or town in which the court is located.
Notwithstanding any other provision of law, each of these courts shall have the jurisdiction and power to impose up to the maximum penalties provided for the violation of the ordinances adopted under the authority of this chapter. Review of the judgments of these courts shall be as provided in other criminal actions.
[ 1977 ex.s. c 326 s 12.]

catchline: Cities and towns—Ordinance adopting certain sections of chapter—Jurisdiction of courts.


title: RCW 9.46.195

text:
No person shall intentionally obstruct or attempt to obstruct a public servant in the administration or enforcement of this chapter by using or threatening to use physical force or by means of any unlawful act. Any person who violates this section shall be guilty of a misdemeanor.
[ 1974 ex.s. c 155 s 11; 1974 ex.s. c 135 s 11.]
Notes:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Obstruction of public servant—Penalty.


title: RCW 9.46.196

text:
"Cheating," as used in this chapter, means to:
(1) Employ or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;
(2) Engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;
(3) Engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or
(4) Cause, aid, abet, or conspire with another person to cause any other person to violate subsections (1) through (3) of this section.
[ 2002 c 253 s 1; 1991 c 261 s 8; 1977 ex.s. c 326 s 13.]

catchline: Cheating—Defined.


title: RCW 9.46.1961

text:
(1) A person is guilty of cheating in the first degree if he or she engages in cheating and:
(a) Knowingly causes, aids, abets, or conspires with another to engage in cheating; or
(b) Holds a license or similar permit issued by the state of Washington to conduct, manage, or act as an employee in an authorized gambling activity.
(2) Cheating in the first degree is a class C felony subject to the penalty set forth in RCW 9A.20.021. In addition to any other penalties imposed by law for a conviction of a violation of this section the court may impose an additional penalty of up to twenty thousand dollars on adult offenders.
[ 2015 c 265 s 12; 2002 c 253 s 2.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Cheating in the first degree.


title: RCW 9.46.1962

text:
(1) A person is guilty of cheating in the second degree if he or she engages in cheating and his or her conduct does not constitute cheating in the first degree.
(2) Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
[ 2002 c 253 s 3.]

catchline: Cheating in the second degree.


title: RCW 9.46.198

text:
Any person who works as an employee or agent or in a similar capacity for another person in connection with the operation of an activity for which a license is required under this chapter or by commission rule without having obtained the applicable license required by the commission under RCW 9.46.070(17) shall be guilty of a gross misdemeanor and shall, upon conviction, be punished by up to three hundred sixty-four days in the county jail or a fine of not more than five thousand dollars, or both.
[ 2011 c 96 s 7; 1999 c 143 s 7; 1977 ex.s. c 326 s 14.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Working in gambling activity without license as violation—Penalty.


title: RCW 9.46.200

text:
In addition to any other penalty provided for in this chapter, every person, directly or indirectly controlling the operation of any gambling activity authorized by this chapter, including a director, officer, and/or manager of any association, organization, or corporation conducting the same, whether charitable, nonprofit, or profit, shall be liable, jointly and severally, for money damages suffered by any person because of any violation of this chapter, together with interest on any such amount of money damages at six percent per annum from the date of the loss, and reasonable attorneys' fees: PROVIDED, That if any such director, officer, and/or manager did not know any such violation was taking place and had taken all reasonable care to prevent any such violation from taking place, and if such director, officer, and/or manager shall establish by a preponderance of the evidence that he or she did not have such knowledge and that he or she had exercised all reasonable care to prevent the violations he or she shall not be liable hereunder. Any civil action under this section may be considered a class action.
[ 2011 c 336 s 304; 1987 c 4 s 41; 1974 ex.s. c 155 s 10; 1974 ex.s. c 135 s 10; 1973 1st ex.s. c 218 s 20.]
Notes:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Action for money damages due to violations—Interest—Attorneys' fees—Evidence for exoneration.


title: RCW 9.46.210

text:
(1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.
(2) In addition to the authority granted by subsection (1) of this section law enforcement agencies of cities and counties shall investigate and report to the commission all violations of the provisions of this chapter and of the rules of the commission found by them and shall assist the commission in any of its investigations and proceedings respecting any such violations. Such law enforcement agencies shall not be deemed agents of the commission.
(3) In addition to its other powers and duties, the commission shall have the power to enforce the penal provisions of this chapter and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities, including chapter 9A.83 RCW, and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, both assistant directors, and each of the commission's investigators, enforcement officers, and inspectors shall have the power, under the supervision of the commission, to enforce the penal provisions of this chapter and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities, including chapter 9A.83 RCW, and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing the penal provisions of this chapter and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of this chapter and as it may be amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth above, the commission shall be a law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this chapter, as now law or hereafter amended, and to obtain information from and provide information to all other law enforcement agencies.
(4) Criminal history record information that includes nonconviction data, as defined in RCW 10.97.030, may be disseminated by a criminal justice agency to the Washington state gambling commission for any purpose associated with the investigation for suitability for involvement in gambling activities authorized under this chapter. The Washington state gambling commission shall only disseminate nonconviction data obtained under this section to criminal justice agencies.
(5) In addition to its other powers and duties, the commission may ensure sport integrity and prevent and detect competition manipulation through education and enforcement of the penal provisions of this chapter or chapter 67.04 or 67.24 RCW, or any other state penal laws related to the integrity of sporting events, athletic events, or competitions within the state.
(6) In addition to its other powers and duties, the commission may track and monitor gambling-related transactions occurring within the state to aid in its enforcement of the penal provisions of this chapter or chapter 9A.83 RCW, or any other state penal laws related to suspicious or illegal wagering activities, including the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, use of agents to place wagers, or use of false identification by a player.
[ 2020 c 127 s 7; 2000 c 46 s 1; 1981 c 139 s 11; 1977 ex.s. c 326 s 15; 1975 1st ex.s. c 166 s 10; 1974 ex.s. c 155 s 9; 1974 ex.s. c 135 s 9; 1973 1st ex.s. c 218 s 21.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.

catchline: Enforcement—Commission as a law enforcement agency.


title: RCW 9.46.212

text:
When physical injury to a person or substantial damage to property occurs, or is about to occur, within the presence of an officer of the commission designated with police powers pursuant to RCW 9.46.210, the designated officer is authorized to take such action as is reasonably necessary to prevent physical injury to a person or substantial damage to property or prevent further injury to a person or further substantial damage to property. A designated officer shall be immune from civil liability for damages arising out of the action of the designated officer to prevent physical injury to a person or substantial damage to property or prevent further injury to a person or further substantial damage to property, unless it is shown that the designated officer acted with gross negligence or bad faith.
[ 2017 c 111 s 1.]

catchline: Officers designated with police powers authorized to take action to prevent physical injury to person or substantial damage to property—Immunity from civil liability—Exception.


title: RCW 9.46.215

text:
(1) Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a class C felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both.
(2) This section does not apply to persons licensed by the commission, or who are otherwise authorized by this chapter, or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are being used, solely in that activity for which the license was issued, or for which the person has been otherwise authorized if:
(a) The person is acting in conformance with this chapter and the rules adopted under this chapter; and
(b) The devices are a type and kind traditionally and usually employed in connection with the particular activity.
(3) This section also does not apply to any act or acts by the persons in furtherance of the activity for which the license was issued, or for which the person is authorized, when the activity is conducted in compliance with this chapter and in accordance with the rules adopted under this chapter.
(4) In the enforcement of this section direct possession of any such a gambling device is presumed to be knowing possession thereof.
[ 2003 c 53 s 35; 1994 c 218 s 9.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Ownership or interest in gambling device—Penalty—Exceptions.


title: RCW 9.46.217

text:
Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or buys, sells, offers, or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a gross misdemeanor. However, this section does not apply to records relating to and kept for activities authorized by this chapter when the records are of the type and kind traditionally and usually employed in connection with the particular activity. This section also does not apply to any act or acts in furtherance of the activities when conducted in compliance with this chapter and in accordance with the rules adopted under this chapter. In the enforcement of this section direct possession of any such a gambling record is presumed to be knowing possession thereof.
[ 1994 c 218 s 10.]
Notes:
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Gambling records—Penalty—Exceptions.


title: RCW 9.46.220

text:
(1) A person is guilty of professional gambling in the first degree if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with five or more people;
(b) Personally accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events;
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding five thousand dollars during any thirty-day period on future contingent events;
(d) Operates, manages, or profits from the operation of a premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities that are not authorized by this chapter or licensed by the commission; or
(e) Engages in bookmaking as defined in RCW 9.46.0213.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the first degree is a class B felony subject to the penalty set forth in RCW 9A.20.021.
[ 2020 c 127 s 8; 1997 c 78 s 2; 1994 c 218 s 11; 1991 c 261 s 10; 1987 c 4 s 42; 1973 1st ex.s. c 218 s 22.]
Notes:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
Effective date—1994 c 218: See note following RCW 9.46.010.

catchline: Professional gambling in the first degree.