Chapter 5.14 GAMBLING

Chapter 5.14
GAMBLING

Sections:

5.14.010 Purpose.

5.14.020 License – Filing with city clerk/treasurer.

5.14.030 State statutes adopted by reference.

5.14.040 Tax – Required.

5.14.050 Copy of ordinance to State Gambling Commission.

5.14.060 Violation – Penalties.

5.14.070 Civil and criminal prosecution of violators.

5.14.080 Location.

5.14.010 Purpose.

The purpose of this chapter is to regulate gambling activities within the city of Zillah. Upon the effective date of the ordinance codified in this chapter, all gambling activities authorized under the laws of the state of Washington, and particularly Chapter 9.46 RCW and any amendments thereto, shall be authorized within the city limits, subject to any licensing requirements and regulatory requirements of the state. (Ord. 1136 § 1, 2007)

5.14.020 License – Filing with city clerk/treasurer.

Any person, association or organization required to obtain a license for gambling under the laws of the state, which receives such a license shall upon receipt thereof immediately file a copy thereof with the city clerk/treasurer and shall thereafter promptly notify the city clerk/treasurer of any change, suspension or action pertaining to such license. The city clerk/treasurer will forward such licenses to other city department heads as applicable. (Ord. 1136 § 2, 2007)

5.14.030 State statutes adopted by reference.

The following statutes of the state of Washington as now existing or as they may be hereafter amended are adopted by reference:

RCW

9.46.010 Legislative declaration.

9.46.0201 Amusement game.

9.46.0205 Bingo.

9.46.0209 Bona fide charitable or nonprofit organization.

9.46.0213 Bookmaking.

9.46.0217 Commercial stimulant.

9.46.0221 Commission.

9.46.0225 Contest of chance.

9.46.0229 Fishing derby.

9.46.0233 Fund raising event.

9.46.0237 Gambling.

9.46.0241 Gambling device.

9.46.0245 Gambling information.

9.46.0249 Gambling premises.

9.46.0253 Gambling record.

9.46.0257 Lottery.

9.46.0261 Member, bona fide member.

9.46.0265 Player.

9.46.0269 Professional gambling.

9.46.0273 Punch boards, pull-tabs.

9.46.0277 Raffle.

9.46.0282 Social card game.

9.46.0285 Thing of value.

9.46.0289 Whoever, person.

9.46.0305 Dice or coin contests for music, food, or beverage payment.

9.46.0311 Charitable, nonprofit organizations – Authorized gambling activities.

9.46.0315 Raffles – No license required, when.

9.46.0321 Bingo, raffles, amusement games – No license required, when.

9.46.0325 Social card games, punch boards, pull-tabs authorized.

9.46.0331 Amusement games authorized – Minimum rules.

9.46.0335 Sports pools authorized.

9.46.0341 Golfing sweepstakes authorized.

9.46.0345 Bowling sweepstakes authorized.

9.46.0351 Social card, dice games – Use of premises of charitable, nonprofit organizations.

9.46.0356 Promotional contests of chance authorized.

9.46.0361 Turkey shoots authorized.

9.46.039 Greyhound racing prohibited.

9.46.072 Pathological gambling behavior – Warning.

9.46.110 Taxation of gambling activities – Limitations – Restrictions on punch boards and pull-tabs – Lien.

9.46.120 Restrictions as to management or operation personnel – Restriction on leased premises.

9.46.130 Inspection and audit of premises, paraphernalia, books and records – Reports for the commission.

9.46.150 Injunctions – Voiding of licenses, permits, or certificates.

9.46.160 Conducting activity without license.

9.46.170 False or misleading entries or statements, refusal to produce records.

9.46.185 Causing person to violate rule or regulation.

9.46.190 Violations relating to fraud and deceit.

9.46.195 Obstruction of public servant – Penalty.

9.46.196 Cheating – Defined.

9.46.1961 Cheating in the first degree.

9.46.1962 Cheating in the second degree.

9.46.198 Working in gambling activity without license as violation – Penalty.

9.46.200 Action for money damages due to violations – Interest – Attorneys’ fees – Evidence for exoneration.

9.46.210 Enforcement – Commission as a law enforcement agency.

9.46.215 Ownership or interest in gambling device – Penalty – Exceptions.

9.46.217 Gambling records – Penalty – Exceptions.

9.46.220 Professional gambling in the first degree.

9.46.221 Professional gambling in the second degree.

9.46.222 Professional gambling in the third degree.

9.46.225 Professional gambling – Penalties not applicable to authorized activities.

9.46.231 Gambling devices, real and personal property – Seizure and forfeiture.

9.46.235 Slot machines, antique – Defenses concerning – Presumption created.

9.46.240 Gambling information, transmitting or receiving as violation.

9.46.250 Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.

9.46.260 Proof of possession as evidence of knowledge of its character.

9.46.270 Taxing authority, exclusive.

9.46.291 State lottery exemption.

9.46.293 Fishing derbies exempted.

9.46.295 Licenses, scope of authority – Exception.

9.46.310 Licenses for manufacture, sale, distribution, or supply of gambling devices.

9.46.350 Civil action to collect fees, interest, penalties, or tax – Writ of attachment – Records as evidence.

9.46.400 Wildlife raffle.

9.46.410 Use of public assistance electronic benefit cards prohibited – Licensee to report violations.

(Ord. 1136 § 3, 2007)

5.14.040 Tax – Required.

Upon the effective date of the ordinance codified in this chapter, any person, association or organization engaging in gambling activities pursuant to a state license and as authorized under the laws of the state of Washington shall be subject to a city of Zillah tax as follows:

A. Administration and Approval of Chapter. The city clerk/treasurer and police chief shall have the power and duty to administer this chapter. The city council shall have the power to adopt such rules and regulations not in conflict with rules and regulations of the Washington State Gambling Commission as may be reasonably necessary to enable the collection of the tax imposed in this chapter.

B. Taxes Imposed – Amounts – Exemptions.

1. Tax Imposed. There is levied a tax upon all persons, associations and organizations who conduct or operate gambling activities within the city of Zillah and who have been duly licensed by the Washington State Gambling Commission to conduct or operate such gambling activities. Such tax shall be paid on the following gambling activities in the following respective amounts:

a. Any punchboard, pull-tab, and bingo hall, a tax computed at the rate of three percent in year 2008 and five percent in following years of gross receipts less the amount awarded as cash or merchandise prizes in the conduct of such activity;

b. Any social card game, a tax computed at the rate of three percent in year 2008 and five percent in following years of the gross receipts from the conduct of such activity.

2. Exemptions.

a. A bona fide charitable or nonprofit organization as defined by RCW 9.46.0209 conducting or sponsoring bingo games, raffles or amusement games shall be entitled to exemption from the provisions of this chapter upon compliance with the requirements of subsection (C) of this section if such organization has no paid operating or management personnel and has gross income from bingo, raffles or amusement games or any combination thereof not exceeding $5,000 per year, less the amount paid for prizes.

b. Activities carried out by public or private schools or by organizations sponsored by or related to public or private schools, including parent organizations and student body organizations, shall be exempt from the provisions of this chapter upon compliance with subsection (C) of this section if the proceeds of such activities are applied for the benefit of any such school or school-sponsored or school-related organization.

c. Any deviation from exemption restrictions enumerated herein shall subject such organization to the requirements of this chapter to the same extent as if such exemption had not been granted, including required payment within 10 days after written demand of the city clerk/treasurer of any taxes formerly granted exemption hereunder.

C. Prohibition of Certain Gambling Activities If Gambling Tax Is Unconstitutional.

1. Prohibition. If it is determined by a court of competent jurisdiction, in a judgment not subject to review, that all or any part of the gambling taxes set forth in subsection (A) of this section, or the application of those taxes are unconstitutional, to the end that a judgment invalidates some or all of the tax, prospectively or retroactively, or refunds are required, then, beginning on the day the judgment becomes final, the following gambling activities shall be prohibited within the city of Zillah:

a. Punchboards, as defined in RCW 9.46.0273;

b. Pull-tabs, as defined in RCW 9.46.0273;

c. Social card games, as defined in RCW 9.46.0281.

2. Scope of Prohibition. Nothing in this section shall affect the conduct of any other gambling activities authorized by the state of Washington.

D. Filing of Declaration of Intent and Copy of Gambling License Required.

1. Requirements. For the purpose of identifying who shall be subject to the tax imposed by this chapter, any person, association or organization intending to commence the conduct or operation within the city of Zillah of any gambling activity authorized by the laws of the state of Washington shall, at least 10 days prior to the commencement of any such activity, file with the city of Zillah a sworn declaration of intent to conduct or operate such activity specifying the dates, times and places on a form to be prescribed and provided by the city clerk/treasurer for the city of Zillah, together with a copy of the gambling license issued pursuant to the state statutes adopted herein.

2. Continued Conduct or Operation. Any person, association or organization conducting or operating within the city of Zillah any gambling activity authorized by Chapter 9.46 RCW and intending to continue the conduct or operation of such gambling activity on or after July 16, 2007, shall, within 15 days after such date, comply fully with the requirements of subsection (A) of this section with respect to any authorized gambling activity conducted on or after July 16, 2007.

E. Sworn Statement and Remittance Required Quarterly.

1. Sworn Statement. Any person, association or organization issued a state gambling license or renewal thereof for any part of a quarterly period of a calendar year shall, on or before the final day of the month following the end of such quarterly period, file with the city of Zillah a sworn statement on a form to be prescribed and provided by the city, together with a sworn copy of the quarterly activity report as required by the regulations of the Washington State Gambling Commission for the period during which the tax imposed hereunder accrued, for the purpose of ascertaining the tax, if any, due for the preceding quarterly period.

2. Remittance. The tax imposed by this chapter shall be due and payable in quarterly installments with each quarterly installment being due and payable on or before the final day of the month following the end of the quarterly period in which the tax accrued. Remittance of each quarterly installment shall accompany the sworn statement or report required by subsection (A) of this section. A duplicate copy of any such reports shall be filed simultaneously with the city clerk/treasurer along with the payment of the tax thereon.

3. Late Payment – Penalty. For each payment due under the provisions of this chapter, if such payment is not made by the due date thereof, there shall be added a penalty as follows:

a. If paid on or before the fifteenth day of the second month following the end of the quarterly period in which the tax accrued, 10 percent of the accrued tax or $5.00, whichever is greater;

b. If paid on or before the final day of the second month following the end of the quarterly period in which the tax accrued, 15 percent of the accrued tax or $10.00, whichever is greater;

c. If paid after the fifteenth of the third month following the end of the quarterly period in which the tax accrued, 20 percent of the accrued tax or $15.00, whichever is greater.

F. Lien. 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. (Ord. 1136 § 4, 2007)

5.14.050 Copy of ordinance to State Gambling Commission.

Upon the effective date of the ordinance codified in this chapter, the city clerk/treasurer shall mail a certified copy of the ordinance to the Chairman of the State of Washington Gambling Commission. (Ord. 1136 § 5, 2007)

5.14.060 Violation – Penalties.

A. Offenses. For all provisions of this chapter, it is unlawful for any person, firm or corporation to violate any such provision or fail to comply with any requirement in any such provision. Unless otherwise stated in this code or provided by applicable RCW, any person convicted of violating any provision or of failing to comply with any requirement of such provision shall be guilty of a civil infraction with a fine of $250.00. Upon the second or subsequent convictions of the same offense for which a person, firm or corporation, within the preceding year, has been convicted of or forfeited bail on, the person, firm or corporation shall be guilty of a misdemeanor for which the fine of not more than $1,000 or imprisonment for up to 90 days or both such fine and imprisonment for each such conviction. If the violation of or failure to comply with the provisions is of a continuing nature, then each day shall constitute a separate criminal offense.

B. Civil Action. As an additional and concurrent remedy for the violation of a provision of this chapter, the city may bring a civil action against any person for violation or failure to comply with any such requirement. The penalty shall be $500.00. If the violation or failure or comply with such provisions and requirements of this title is of a continuing nature, then each day shall constitute a separate civil offense. (Ord. 1136 § 6, 2007)

5.14.070 Civil and criminal prosecution of violators.

For the purpose of civil and criminal prosecution under this chapter, “person” means and includes natural persons, firms, co-partnerships and corporations, and other associations of natural persons, whether acting by themselves or by servants, agents or employees. Every person concerned in the commission of a criminal violation of this chapter, whether he/she directly commits the act or effects the commission constituting the offense, or aids and abets the same, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such criminal violation, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. (Ord. 1136 § 6.1, 2007)

5.14.080 Location.

The gambling activities provided herein shall be limited to ancillary or accessory use only within a building or premises used for a commercial use permitted in the C-1 commercial, C-T commercial tourism, and M-1 light manufacturing zones. (Ord. 1136 § 7, 2007)