Chapter 9.30
GAMBLING
Sections:
9.30.040 Possessing or permitting gambling devices.
9.30.050 Permitted activities.
9.30.055 Tax – Nonprofit or charitable organizations – Nonimposition when.
9.30.070 Violation – Penalties.
9.30.010 Definitions.
For the purpose of this chapter, the following terms shall have the following meanings:
“Amusement game” means a game played for entertainment in which:
A. The contestant actively participates;
B. The outcome depends in a material degree upon the skill of the contestant;
C. Only merchandise prizes are awarded;
D. The outcome is not in control of the operator;
E. The wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and
F. The game is conducted by a bona fide charitable or nonprofit organization, no person other than a bona fide member of the organization takes any part in the management or operation of the game, including the furnishing of equipment, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting such game, or the game is conducted as part of any agricultural fair as authorized under Chapters 15.76 and 36.37 RCW or the game is conducted as a part of and upon the site of:
1. A civic center of the city of Richland; or
2. A community-wide civic festival held not more than once annually and sponsored by or approved by the city of Richland.
“Bingo” means a game in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and at the time and place of the game, when the game is conducted by a bona fide charitable or nonprofit organization as defined in this section which does not conduct or allow its premises to be used for conducting bingo on more than three occasions per week, and no person other than a bona fide member or an employee of the organization takes any part in the management or operation of the game, and no person who takes part in the management or operation of the game takes any part in any management or operation of any game conducted by any other organization or any other branch of the same organization and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting the game.
“Bona fide charitable or nonprofit organization” means any organization duly existing under the provisions of Chapter 24.12, 24.20, or 24.28 RCW, any agricultural fair authorized under the provisions of Chapter 15.76 or 36.37 RCW, or any nonprofit corporation duly existing under the provisions of Chapter 24.03 RCW for charitable, benevolent, eleemosynary, educational, civic, patriotic, political, social, fraternal, athletic or agricultural purposes only, or any nonprofit organization, whether incorporated or otherwise, which has been found by the Washington State Gambling Commission to be organized and operating for one or more of the aforesaid purposes only, or any corporation which has been incorporated under USC Title 36 and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods and other national calamities and to devise and carry on measures for preventing the same, all meeting the requirements of, and, when necessary, being licensed by the Washington State Gambling Commission, pursuant to the provisions of the laws of the state of Washington, Chapter 9.46 RCW.
“Contest of chance” means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
“Fishing derby” means a fishing contest, with the payment or giving of an entry fee or other consideration by some or all of the contestants; wherein the contestants compete with each other for a prize or prizes, whether money, merchandise or other thing of value; the prize or prizes is or are awarded based upon the lawful catching of fish by any one or more of the contestants; and such contest is conducted by a bona fide charitable or nonprofit organization.
Gambling Game or Gambling Activity. A person engages in “gambling” or a “gambling game” or “gambling activity” if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event, not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome.
“Gambling” does not include pari-mutuel betting as authorized by Chapter 67.16 RCW, bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee and life, health or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under this section shall not constitute gambling.
“Lottery” means a scheme for the distribution of money or property by chance among persons who have paid or agree to pay a valuable consideration for the chance. For the purpose of the ordinance codified in this section, the following activities do not constitute valuable consideration as an element of a lottery:
A. Listening to or watching a television or radio program or subscribing to a cable television service;
B. Filling out and returning a coupon or entry blank or facsimile which is received through the mail or published in a bona fide newspaper, or magazine, or in a program sold in conjunction with and at a regularly scheduled sporting event, or the purchase of such a newspaper, magazine or program;
C. Sending a coupon or entry blank by United States mail to a designated address in connection with a promotion conducted in this city or state not more than once a year over a period of not more than 90 days;
D. Visitation to any business establishment to obtain coupon and entry blank;
E. Mere registration without purchase of goods or services;
F. Expenditure of time, thought, attention and energy in perusing promotional material;
G. Placing or answering a telephone call in a prescribed manner or otherwise making a prescribed response or answer; or
H. Furnishing the container of any product as packaged by the manufacturer, or a particular portion thereof, but only if furnishing a plain piece of paper or card with the name of the manufacturer or product handwritten on it is acceptable in lieu thereof; provided, that where any drawing is held by or on behalf of the city retail outlets in connection with business promotions authorized under subsections (D) and (E) of this definition, no such city retail outlet may conduct more than one such drawing during each calendar year, and the period of the drawing and its promotion shall not extend for more than seven consecutive days; provided further, that if the sponsoring organization has more than one outlet in the city, such drawings must be held in all such outlets at the same time except that a sponsoring organization with more than one outlet may conduct a separate drawing in connection with the initial opening of any such outlet.
“Person,” for the purpose of this chapter and unless it otherwise clearly appears from the context in which it is used, means and includes natural persons of either sex, associations, firms, co-partnerships and corporations, whether acting by themselves or by servants, agents or employees, and the singular number shall be construed to include the plural, and the masculine pronoun to include the feminine.
“Raffle” means a game in which tickets bearing an individual number are sold and in which a prize or prizes are awarded on the basis of a drawing from the tickets by the person or persons conducting the game, when the game is conducted by a bona fide charitable or nonprofit organization, no person other than a bona fide member of the organization takes any part in the management or operation of the game, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting the game. The selling price of the tickets for a raffle shall remain consistent with the regulations regarding gambling in Chapter 9.46 RCW as those ticket prices may subsequently be modified by the state legislature.
Social Card Games. For the purpose of this chapter the term “social card game” shall have the same meaning as it has under Chapter 9.46 RCW now or as hereafter amended and under the rules of the Washington State Gambling Commission. Pursuant to WAC 230-40-010 currently written or as hereafter amended, the city authorizes the following card games: poker, hearts, pinochle, cribbage, rummy, mahjongg (tiles), coon-can, pan, and pitch. Card games not herein authorized are prohibited. [Ord. 99-76 § 1.01; Ord. 5-88; Ord. 6-89].
9.30.020 Conducting gambling.
Except as to those activities authorized in RMC 9.30.050, it is unlawful for any person to open, conduct, carry on or operate, whether as owner, manager, agent, dealer, clerk or employee, and whether for hire or not, any gambling game or lottery within the city of Richland. [Ord. 99-76 § 1.01].
9.30.030 Gambling prohibited.
Except as to those activities authorized in RMC 9.30.050, it is unlawful for any person to gamble or engage in gambling activities, including lotteries, within the city of Richland. [Ord. 99-76 § 1.01].
9.30.040 Possessing or permitting gambling devices.
Except as to those activities authorized in RMC 9.30.050, it is unlawful for any person to have in his possession or to permit to be placed or kept in any building, room or place owned, leased, occupied or controlled by him in the city, any article, device or apparatus of any kind commonly used or operated for the losing or winning of money or property, or both, upon any chance or uncertain or contingent event including, but not limited to, those articles, devices or apparatus defined by Chapter 9.46 RCW. [Ord. 99-76 § 1.01].
9.30.050 Permitted activities.
Notwithstanding the provisions of RMC 9.30.010 through 9.30.040:
A. The city council of the city of Richland authorizes bona fide charitable and nonprofit organizations to conduct bingo games, raffles, amusement games and fishing derbies, when licensed, conducted or operated pursuant to the laws of the state of Washington, Chapter 9.46 RCW; in addition, said organizations are permitted to conduct fundraising events as defined in and subject to the provisions of RCW 9.46.0233.
B. Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than the conduct of raffles are authorized to conduct raffles without obtaining a license to do so from the Washington State Gambling Commission when such raffles are held in accordance with all other requirements of the laws of the state of Washington, Chapter 9.46 RCW, other applicable laws, and rules of the Washington State Gambling Commission; when gross revenues from all such raffles held by the organization during the calendar year do not exceed $5,000 and when tickets to such raffles are sold only to, and winners are determined only from among, the regular members of the organization conducting the raffle; provided, that “members” for this purpose means only those persons who have become members prior to the commencement of the raffle and whose qualification for membership was not dependent upon, or in any way related to, the purchase of a ticket or tickets for such raffles.
C. The city council of the city of Richland authorizes the management of any agricultural fair as authorized under Chapters 15.76 and 36.37 RCW to conduct amusement games when licensed and operated pursuant to the provisions of Chapter 9.46 RCW and rules and regulations adopted pursuant thereto as well as authorizing the amusement games as so licensed and operated to be conducted as a part of and upon the site of:
1. A civic center of the city of Richland; or
2. A community-wide civic festival held not more than once annually and sponsored or approved by the city of Richland; provided, however, that in addition to the requirements imposed by the laws of the state of Washington, any bona fide charitable or nonprofit organization desiring to operate or conduct a bingo game, fishing derby, raffle and/or amusement game shall register with the finance director of the city of Richland, or his designee, on forms provided, not less than 10 days prior to the date upon which such activity shall take place; provided, further, in the case of bingo, raffles and/or amusement games wherein the activities are scheduled to take place more frequently than once every two months, the person, association or organization desiring to operate or conduct such activities shall register initially, and such registration shall be valid for a period of one year thereafter.
Such registration shall be for the purpose of administering and collecting the tax provided in this chapter and shall be of no charge to the registrant; provided, however, that it is unlawful for any person to conduct or operate bingo games, raffles, fishing derbies, and/or amusement games within the city of Richland without first registering as provided in this section, notwithstanding the fact that the person, association or organization may otherwise be qualified. Registration, as provided in this section, shall not relieve the registrant of any other obligation, requirement or responsibility required by the laws of the state of Washington and the ordinances of the city of Richland, but shall be in addition thereto.
D. Pursuant to RCW 9.46.0325, the city authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to utilize punch boards and pull tabs, as defined by RCW 9.46.0273, and conduct social card games, as defined in RCW 9.46.0282, as a commercial stimulant to such business when licensed and utilized or operated pursuant to statute and any rules and regulations adopted by the Washington State Gambling Commission. [Ord. 99-76 § 1.01; Ord. 8-84; Ord. 5-88; Ord. 6-89; amended during 2011 recodification].
9.30.055 Tax – Nonprofit or charitable organizations – Nonimposition when.
No city tax shall be imposed on bingo or amusement games when such activities or a combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined by Chapter 9.46 RCW of the laws of the state, which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding $5,000 per year, less the amount awarded as cash or merchandise prizes. No tax shall be imposed on the first $10,000 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 Chapter 9.46 RCW. [Ord. 18-12 § 11].
9.30.060 Tax levied.
A. There is levied a tax at the rate of five percent on the gross revenue less the amount paid for or as prizes from operating or conducting bingo games, raffles and fishing derbies within the city of Richland. After deducting the amount paid for or as prizes, there is levied a tax at the rate of 10 percent on the remaining receipts from social card games. There is levied a tax at the rate of five percent of gross receipts from punch boards or pull tabs. There shall be a city tax levied upon amusement games of two percent of the gross receipts from the amusement game less the amount awarded as prizes.
B. The tax for the previous six-month period, or portion thereof, shall be paid semi-annually on or before the twentieth day of January, and on or before the twentieth day of July, at the office of the finance director, Richland City Hall; provided, however, that those persons conducting activities subject to taxation under this section less frequently than once every two months shall pay the tax for each taxable activity at the office of the finance director, Richland City Hall, within 30 days following the date upon which the activity was conducted; provided further, that each registrant shall maintain sufficient accounting books and/or documentation to substantiate the registrant’s revenue from bingo, raffles, amusement games and fishing derbies, which accounting books and/or documentation shall be made available to the city for inspection at reasonable times and under reasonable circumstances. It is the responsibility of the organization to determine the appropriate reporting by contacting the Washington State Gambling Commission. [Ord. 99-76 § 1.01; Ord. 8-84; Ord. 5-88; Ord. 20-98; Ord. 04-06; Ord. 18-12 § 11; Ord. 2022-29 § 22].
9.30.070 Violation – Penalties.
It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be guilty of a gross misdemeanor. Any corporation engaged in gambling activity in violation of this chapter shall be guilty of a gross misdemeanor. [Ord. 99-76 § 1.01; Ord. 4-85; Ord. 20-11 § 1.25].