reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.095 - Gambling commission—Proceedings against, jurisdiction—Immunity from liability.

RCW 9.46.095
Gambling commission—Proceedings against, jurisdiction—Immunity from liability.
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 § 41; 1981 c 139 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.113 - Taxation of gambling activities—Disbursement.

RCW 9.46.113
Taxation of gambling activities—Disbursement.
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 § 6; 1975 1st ex.s. c 166 § 11.]
NOTES:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.116 - Fees on pull-tab and punchboard sales.

RCW 9.46.116
Fees on pull-tab and punchboard sales.
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 § 2; 1984 c 135 § 2.]
NOTES:
*Reviser's note: RCW 9.46.115 was repealed by 1984 c 135 § 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 § 3.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.120 - Restrictions on management or operation personnel—Restriction on leased premises.

RCW 9.46.120
Restrictions on management or operation personnel—Restriction on leased premises.
(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 § 3; 1987 c 4 § 40; 1973 1st ex.s. c 218 § 12.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.130 - 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.

RCW 9.46.130
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.
(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 § 4; 2011 c 336 § 303; 1981 c 139 § 10; 1975 1st ex.s. c 166 § 7; 1973 1st ex.s. c 218 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.140 - Gambling commission—Investigations—Inspections—Hearing and subpoena power—Administrative law judges.

RCW 9.46.140
Gambling commission—Investigations—Inspections—Hearing and subpoena power—Administrative law judges.
(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 § 42; 1981 c 67 § 16; 1977 ex.s. c 326 § 7; 1975 1st ex.s. c 166 § 8; 1973 1st ex.s. c 218 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.150 - Injunctions—Voiding of licenses, permits, or certificates.

RCW 9.46.150
Injunctions—Voiding of licenses, permits, or certificates.
(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 § 15.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.155 - Applicants and licensees—Bribes to public officials, employees, agents—Penalty.

RCW 9.46.155
Applicants and licensees—Bribes to public officials, employees, agents—Penalty.
(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 § 34; 1981 c 139 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.158 - Applicants, licensees, operators—Commission approval for hiring certain persons.

RCW 9.46.158
Applicants, licensees, operators—Commission approval for hiring certain persons.
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 § 18.]
NOTES:
Severability—1981 c 139: See note following RCW 9.46.070.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.160 - Conducting activity without license.

RCW 9.46.160
Conducting activity without license.
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 § 3; 1975 1st ex.s. c 166 § 9; 1973 1st ex.s. c 218 § 16.]
NOTES:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.170 - False or misleading entries or statements, refusal to produce records.

RCW 9.46.170
False or misleading entries or statements, refusal to produce records.
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 § 4; 1973 1st ex.s. c 218 § 17.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.180 - Causing person to violate chapter.

RCW 9.46.180
Causing person to violate chapter.
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 § 5; 1977 ex.s. c 326 § 8; 1973 1st ex.s. c 218 § 18.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.185 - Causing person to violate rule or regulation.

RCW 9.46.185
Causing person to violate rule or regulation.
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 § 6; 1977 ex.s. c 326 § 9.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.190 - Violations relating to fraud, deceit, altering or misrepresenting, betting, or gambling—Penalty.

RCW 9.46.190
Violations relating to fraud, deceit, altering or misrepresenting, betting, or gambling—Penalty.
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 § 6; 1991 c 261 § 7; 1977 ex.s. c 326 § 10; 1973 1st ex.s. c 218 § 19.]
NOTES:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.192 - Cities and towns—Ordinance enacting certain sections of chapter—Limitations—Penalties.

RCW 9.46.192
Cities and towns—Ordinance enacting certain sections of chapter—Limitations—Penalties.
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 § 11.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.193 - Cities and towns—Ordinance adopting certain sections of chapter—Jurisdiction of courts.

RCW 9.46.193
Cities and towns—Ordinance adopting certain sections of chapter—Jurisdiction of courts.
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 § 12.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.195 - Obstruction of public servant—Penalty.

RCW 9.46.195
Obstruction of public servant—Penalty.
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 § 11; 1974 ex.s. c 135 § 11.]
NOTES:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.196 - Cheating—Defined.

RCW 9.46.196
Cheating—Defined.
"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 § 1; 1991 c 261 § 8; 1977 ex.s. c 326 § 13.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.1961 - Cheating in the first degree.

RCW 9.46.1961
Cheating in the first degree.
(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 § 12; 2002 c 253 § 2.]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.1962 - Cheating in the second degree.

RCW 9.46.1962
Cheating in the second degree.
(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 § 3.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.198 - Working in gambling activity without license as violation—Penalty.

RCW 9.46.198
Working in gambling activity without license as violation—Penalty.
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 § 7; 1999 c 143 § 7; 1977 ex.s. c 326 § 14.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.200 - Action for money damages due to violations—Interest—Attorneys' fees—Evidence for exoneration.

RCW 9.46.200
Action for money damages due to violations—Interest—Attorneys' fees—Evidence for exoneration.
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 § 304; 1987 c 4 § 41; 1974 ex.s. c 155 § 10; 1974 ex.s. c 135 § 10; 1973 1st ex.s. c 218 § 20.]
NOTES:
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.212 - 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.

RCW 9.46.212
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.
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 § 1.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.215 - Ownership or interest in gambling device—Penalty—Exceptions.

RCW 9.46.215
Ownership or interest in gambling device—Penalty—Exceptions.
(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 § 35; 1994 c 218 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.217 - Gambling records—Penalty—Exceptions.

RCW 9.46.217
Gambling records—Penalty—Exceptions.
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 § 10.]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.220 - Professional gambling in the first degree.

RCW 9.46.220
Professional gambling in the first degree.
(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 § 8; 1997 c 78 § 2; 1994 c 218 § 11; 1991 c 261 § 10; 1987 c 4 § 42; 1973 1st ex.s. c 218 § 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.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.221 - Professional gambling in the second degree.

RCW 9.46.221
Professional gambling in the second degree.
(1) A person is guilty of professional gambling in the second 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 less than five people; or
(b) Accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with which the person is involved, accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(d) Maintains a "gambling premises" as defined in this chapter; or
(e) Maintains gambling records as defined in RCW 9.46.0253.
(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 second degree is a class C felony subject to the penalty set forth in RCW 9A.20.021.
[ 1997 c 78 § 3; 1994 c 218 § 12; 1991 c 261 § 11.]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.222 - Professional gambling in the third degree.

RCW 9.46.222
Professional gambling in the third degree.
(1) A person is guilty of professional gambling in the third 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) His or her conduct does not constitute first or second degree professional gambling;
(b) He or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or
(c) He or she is directly employed in but not managing or directing any gambling operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.
[ 1994 c 218 § 13; 1991 c 261 § 12.]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.225 - Professional gambling—Penalties not applicable to authorized activities.

RCW 9.46.225
Professional gambling—Penalties not applicable to authorized activities.
The penalties provided for professional gambling in this chapter shall not apply to the activities authorized by this chapter when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations of the commission.
[ 1987 c 4 § 37. Formerly RCW 9.46.030(11).]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.228 - Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized.

RCW 9.46.228
Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized.
(1) It is unlawful for any person under the age of eighteen to play in authorized gambling activities including, but not limited to, punchboards, pull-tabs, or card games, or to participate in fund-raising events. Persons under the age of eighteen may play bingo, raffles, and amusement game activities only as provided in commission rules.
(2) A person under the age of eighteen who violates subsection (1) of this section by engaging in, or attempting to engage in, prohibited gambling activities commits a class 2 civil infraction under chapter 7.80 RCW and is subject to a fine set out in chapter 7.80 RCW, up to four hours of community restitution, and any court imposed costs.
(3) The juvenile court divisions in superior courts within the state have jurisdiction for enforcement of this section.
(4)(a) An employer may conduct an in-house controlled purchase program authorized for the purposes of employee training and employer self-compliance checks.
(b) The civil infraction provisions of this section do not apply to a person under the age of eighteen who is participating in an in-house controlled purchase program authorized by the commission under rules adopted by the commission. Violations occurring under an in-house controlled purchase program authorized by the commission may not be used for criminal or administrative prosecution.
(c) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding unauthorized persons engaging in gambling activities during a controlled purchase program authorized under this section.
(5) A person under the age of eighteen who violates subsection (1) of this section shall not collect any winnings or recover any losses arising as a result of unlawfully participating in any gambling activity. Additionally, any money or anything of value which has been obtained by, or is owed to, any person under the age of eighteen as a result of such participation shall be forfeited to the department of social and health services division of alcohol and substance abuse or its successor and used for a program related to youth problem gambling awareness, prevention, and/or education. Any person claiming any money or things of value subject to forfeiture under this subsection will receive notice and an opportunity for a hearing under RCW 9.46.231.
[ 2009 c 357 § 2.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.235 - Slot machines, antique—Defenses concerning—Presumption created.

RCW 9.46.235
Slot machines, antique—Defenses concerning—Presumption created.
(1) For purposes of a prosecution under RCW 9.46.215 or a seizure, confiscation, or destruction order under RCW 9.46.231, it shall be a defense that the gambling device involved is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or defendant's possession. Operation of an antique slot machine shall be only by free play or with coins provided at no cost by the owner. No slot machine, having been seized under this chapter, may be altered, destroyed, or disposed of without affording the owner thereof an opportunity to present a defense under this section. If the defense is applicable, the antique slot machine shall be returned to the owner or defendant, as the court may direct.
(2) RCW 9.46.231 shall have no application to any antique slot machine that has not been operated for gambling purposes while in the owner's possession.
(3) For the purposes of this section, a slot machine shall be conclusively presumed to be an antique slot machine if it is at least twenty-five years old.
(4) RCW 9.46.231 and 9.46.215 do not apply to gambling devices on board a passenger cruise ship which has been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state.
[ 1994 c 218 § 15; 1987 c 191 § 1; 1977 ex.s. c 165 § 1.]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.240 - Gambling information, transmitting or receiving.

RCW 9.46.240
Gambling information, transmitting or receiving.
(1) Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021.
(2) This section shall not apply to such information transmitted or received or equipment or devices installed or maintained relating to activities authorized by this chapter including, but not limited to, sports wagering authorized under RCW 9.46.0364 and 9.46.0368, or to any act or acts in furtherance thereof when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted under this chapter and conducted in accordance with tribal-state compacts.
[ 2020 c 127 § 10; 2006 c 290 § 2; 1991 c 261 § 9; 1987 c 4 § 44; 1973 1st ex.s. c 218 § 24.]
NOTES:
Intent—Effective date—2020 c 127: See notes following RCW 9.46.0364.
State policy—2006 c 290: "It is the policy of this state to prohibit all forms and means of gambling, except where carefully and specifically authorized and regulated. With the advent of the internet and other technologies and means of communication that were not contemplated when either the gambling act was enacted in 1973, or the lottery commission was created in 1982, it is appropriate for this legislature to reaffirm the policy prohibiting gambling that exploits such new technologies." [ 2006 c 290 § 1.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.250 - Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.

RCW 9.46.250
Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.
(1) All gambling premises are common nuisances and shall be subject to abatement by injunction or as otherwise provided by law. The plaintiff in any action brought under this subsection against any gambling premises, need not show special injury and may, in the discretion of the court, be relieved of all requirements as to giving security.
(2) When any property or premise held under a mortgage, contract, or leasehold is determined by a court having jurisdiction to be a gambling premises, all rights and interests of the holder therein shall terminate and the owner shall be entitled to immediate possession at his or her election: PROVIDED, HOWEVER, That this subsection shall not apply to those premises in which activities authorized by this chapter or any act or acts in furtherance thereof are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
(3) When any property or premises for which one or more licenses issued by the commission are in effect, is determined by a court having jurisdiction to be a gambling premise, all such licenses may be voided and no longer in effect, and no license so voided shall be issued or reissued for such property or premises for a period of up to sixty days thereafter. Enforcement of this subsection shall be the duty of all peace officers and all taxing and licensing officials of this state and its political subdivisions and other public agencies. This subsection shall not apply to property or premises in which activities authorized by this chapter, or any act or acts in furtherance thereof, are carried on when conducted in compliance with the provisions of this chapter and in accordance with the rules and regulations adopted pursuant thereto.
[ 2011 c 336 § 305; 1987 c 4 § 45; 1973 1st ex.s. c 218 § 25.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.260 - Proof of possession as evidence of knowledge of its character.

RCW 9.46.260
Proof of possession as evidence of knowledge of its character.
Proof of possession of any device used for professional gambling or any record relating to professional gambling specified in RCW 9.46.215 is prima facie evidence of possession thereof with knowledge of its character or contents.
[ 1994 c 218 § 16; 1973 1st ex.s. c 218 § 26.]
NOTES:
Effective date—1994 c 218: See note following RCW 9.46.010.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.270 - Taxing authority, exclusive.

RCW 9.46.270
Taxing authority, exclusive.
This chapter shall constitute the exclusive legislative authority for the taxing by any city, town, city-county or county of any gambling activity and its application shall be strictly construed to those activities herein permitted and to those persons, associations or organizations herein permitted to engage therein.
[ 1973 1st ex.s. c 218 § 27.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.285 - Licensing and regulation authority, exclusive.

RCW 9.46.285
Licensing and regulation authority, exclusive.
This chapter constitutes the exclusive legislative authority for the licensing and regulation of any gambling activity and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to gambling in existence on September 27, 1973 shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may thereafter enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and which is not in conflict with that chapter or with the rules of the commission.
[ 1973 2nd ex.s. c 41 § 8.]
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.291 - State lottery exemption.

RCW 9.46.291
State lottery exemption.
The provisions of this chapter shall not apply to the conducting, operating, participating, or selling or purchasing of tickets or shares in the "lottery" or "state lottery" as defined in RCW 67.70.010 when such conducting, operating, participating, or selling or purchasing is in conformity to the provisions of chapter 67.70 RCW and to the rules adopted thereunder.
[ 1982 2nd ex.s. c 7 § 39.]
NOTES:
Construction—1982 2nd ex.s. c 7: See RCW 67.70.902.
2023 Revised Code of Washington › Title 9 - Crimes and Punishments › Chapter 9.46 - Gambling—1973 Act. › 9.46.293 - Fishing derbies exempted.

RCW 9.46.293
Fishing derbies exempted.
Any fishing derby, defined under RCW 9.46.0229, shall not be subject to any other provisions of this chapter or to any rules or regulations of the commission.
[ 1989 c 8 § 1; 1975 1st ex.s. c 166 § 13.]
NOTES:
Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.