Chapter 9.48
GAMBLING1
Sections:
9.48.030 City tax on gambling.
9.48.040 Taxes payable to city treasurer – Filing of duplicates.
9.48.060 Skill games – Pinball, pool – Operator’s fees.
9.48.070 Skill game operator’s license – Application – Prerequisites.
9.48.080 License – Posting – Duration – License sticker.
9.48.100 Violation – Misdemeanor – License revocation.
9.48.010 State act adopted.
The 1973 Gambling Act, as hereafter amended by the state Legislature, is adopted in its entirety. (Ord. 1214 § 1, 1977).
9.48.020 Filing of license.
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 chief of police and shall thereafter promptly notify the chief of police of any change, suspension or action pertaining to such license. (Ord. 1214 § 1, 1977).
9.48.030 City tax on gambling.
Any person, association or organization engaging in gambling activities pursuant to a state license and as authorized under the laws of the state shall be subject to a city tax as follows:
A. There shall be a city tax levied upon bingo, raffles, and amusement games in the amount of five percent of the gross revenue received therefrom, less the amount paid as prizes.
B. There shall be a city tax levied on all other gambling activities, except social card games, of five percent of the gross receipts of such activities.
C. With respect to social card games, there shall be a city tax levied in the amount of 10 percent of the gross amount received therefrom. (Ord. 2488 § 1, 2011; Ord. 1214 § 1, 1977).
9.48.040 Taxes payable to city treasurer – Filing of duplicates.
The taxes provided in EMC 9.48.030 shall be paid to the city treasurer upon the filing of any report of gambling moneys received by a license holder to the Washington Gambling Commission and a duplicate copy of such report(s) shall be filed simultaneously with the city treasurer together with the payment of the city tax. Additionally, a duplicate report shall be simultaneously filed with the city clerk and also a duplicate shall be filed with the police chief. (Ord. 1214 § 1, 1977).
9.48.050 Penalties.
Any person violating the provisions of EMC 9.48.010, 9.48.020, 9.48.030 or 9.48.040 shall be guilty of a misdemeanor punishable by a fine of $500.00 or 90 days in jail, or both. Additionally, permanent revocation of the privilege to conduct gambling activities may result. (Ord. 1214 § 1, 1977).
9.48.060 Skill games – Pinball, pool – Operator’s fees.
Each person, firm, corporation or business establishment in possession or operating a device, machine or contrivance for playing games of skill commonly known as pinball, shuffleboard, foosball, pool, billiards, air hockey, or other games of skill in which coins are inserted for the privilege of playing the machine, shall pay an operator’s fee of $25.00 per year in advance and the additional sum of $25.00 per year shall be paid in advance for each and every machine maintained, possessed or operated within the city by any one person, firm, corporation or business establishment. (Ord. 1214 § 1, 1977).
9.48.070 Skill game operator’s license – Application – Prerequisites.
Any person desirous of operating, maintaining or possessing a skill game machine within the city must apply for a license to be approved by the city council. The city council shall issue such license at its discretion. An applicant shall satisfy the following prerequisites:
A. Payment of fees pursuant to EMC 9.48.060;
B. Submission of a written statement insuring the applicant’s knowledge of EMC 9.48.060 and 9.48.070 and other provisions relating to skill game machines and declaring an intent to comply with these provisions. (Ord. 1214 § 1, 1977).
9.48.080 License – Posting – Duration – License sticker.
Skill game licenses shall be conspicuously posted at the place of business where the machines are located. An operator’s license is valid for the calendar year in which it is issued. The city clerk shall issue to each licensee a sticker indicating the number and location of each machine, and the name of the operator. It is unlawful to operate any skill game without such sticker attached. (Ord. 1214 § 1, 1977).
9.48.090 Exception.
The provisions of EMC 9.48.060, 9.48.070 and 9.48.080 are not applicable to private persons who own skill game machines for their own use and enjoyment; provided, that such machines are not available to the public and are used and enjoyed only on the private premises of the owner and not for profit. (Ord. 1214 § 1, 1977).
9.48.100 Violation – Misdemeanor – License revocation.
Any person in violation of EMC 9.48.060, 9.48.070 or 9.48.080 is guilty of a misdemeanor punishable by a fine of $500.00 or 90 days in jail or both. In addition, upon proof of such conviction, the city council may revoke the license of any convicted operator. Upon such revocation the convicted operator may forfeit any moneys deposited under EMC 9.48.060. (Ord. 1214 § 1, 1977).
For further provisions on bingo and skill games, see Chapters 5.64 and 5.68 EMC.
Prior legislation: Ords. 1073 and 1184.