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Ordinance 33280006.900000 WSS /gjz 9/13/00 ORDINANCE NO. 3328 AN ORDINANCE OF , THE CITY OF EDMONDS, WASHINGTON, ENACTED PURSUANT TO RCW 35.17.260 AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE CHAPTER 3.24 BY THE ENACTMENT OF NEW SECTIONS 3.24.015 PROHIBITING SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AND 3.24.016 PROVIDING FOR LEGAL NONCONFORMING USES, AMENDING SECTION 3.24.200 VIOLATIONS AND PENALTIES IN ORDER TO PROHIBIT THE CONDUCT OR OPERATIONS OF SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AMENDING SECTION 3.24.020(D) TO SET THE MAXIMUM TAX RATE FOR SUCH NONCONFORMING USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council of the City of Edmonds has been presented with an initiative petition to prohibit cardrooms as commercial stimulants, establish legal nonconforming uses and provide for penalties for the violation of these sections, and WHEREAS, the Snohomish County Auditor has certified that such petition has sufficient signatures for presentation to the City Council pursuant to RCW 35.17.260, and WHEREAS, the initiative petition requests enactment of an ordinance to prohibit social card games as commercial stimulants within the City, to continue legal nonconforming uses, to provide penalties for the violation of the prohibition and to set a tax rate, and WHEREAS, the Edmonds City Council deems it be in the public interest to enact such ordinance in accordance with the wishes of its citizens, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS449701.DOC;1/00006.900000/} - 1 - Section 1. Chapter 3.24 Taxation and Regulation of Gambling is hereby amended by the enactment of a new Section 3.24.015 Cardrooms Prohibited to read as follows: 3.24.015 Cardrooms prohibited. The conduct or operation of social card games as commercial stimulants as defined in RCW 9.46.0217 and 9.46.0282 shall be prohibited. Section 2. The Edmonds City Code Chapter 3.24 Taxation and Regulation of Gamblinu is hereby amended by the addition of a new section 3.24.016 Legal Nonconforming Uses to read as follows: 3.24.016 Legal nonconforming uses. All land uses operating social card games which are currently in existence within the City, which were legally established under land use regulations in effect at the time of the establishment, and which have current gambling licenses issued by the State Gambling Commission may continue to operate at a current level provided that such level is authorized by the current gambling license. All such land uses operating social card games: A. Shall be considered legal nonconforming uses under this act. B. Shall not be expanded or intensified by the addition of tables at which social card games are played beyond the numbers authorized by current gambling license. C. Shall permanently cease operations upon revocation or failure to renew license issued by the Washington State Gambling Commission. D. Shall permanently cease operation of any table for social card games where operation is discontinued for more than thirty days. E. Shall permanently cease operation if site or tables for social card games are relocated, reconstructed or redeveloped. F. Shall permanently cease operation five years after this ordinance is enacted. {WSS449701.DOC;1/00006.900000/} - 2 - Section 3. Section 3.24.200 of the Edmonds Community Development Code is hereby amended to read as follows: follows: 3.24.200 Violation — penalties. A. Any person violating or failing to comply with any of the provisions of this Chapter, except Section 3.24.015 or any lawful rule or regulation adopted by the City Clerk pursuant thereto, upon conviction thereof, shall be subject to being punished by fine in a sum not to exceed $250 or by imprisonment in jail for a term not exceeding ninety days, or by both such fine and imprisonment. Any taxpayer who engages in or carries on in a gambling activity subject to a tax hereunder without having complied with the provisions of this Chapter is guilty of a violation of this Chapter for each day during which the gambling activity is conducted. B. Any person violating Section 3.24.015 of this ordinance shall have committed a gross misdemeanor and, upon conviction thereof, shall be punished by fine in an amount not to exceed $5,000 or imprisonment for a term not to exceed one year, or both such fine and imprisonment. Section 4. The Edmonds City Code Section 3.24.020(D) is amended to read as 3.24.020 Persons subject to tax -- tax rate. D. Card playing. Operators shall pay a tax equal to the maximum tax rate allowed by the Revised Code of Washington including RCW 9.46.110. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. {WSS449701.DOC;1/00006.900000/1 - 3 - Section 6. Effective Date. This ordinance is an act specifically mandated to the City Council pursuant to the provisions of RCW 35.17.260, is not subject to referendum and shall be effective five (5) days after publication. APPROVED: 4-11Z144.1"- M OR, Y HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF DeffY A RNEY: BY W. Scott Snyder FILED WITH THE CITY CLERK: 09/15/2000 PASSED BY THE CITY COUNCIL: 09/18/2000 PUBLISHED: 09/24/2000 EFFECTIVE DATE: 09/29/2000 ORDINANCE NO. 3328 {WSS449701.DOC;1/00006.900000/} - 4 - SUMMARY OF ORDINANCE NO. 3328 of the City of Edmonds, Washington On the 18th day of September, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3328. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTED PURSUANT TO RCW 35.17.260 AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE CHAPTER 3.24 BY THE ENACTMENT OF NEW SECTIONS 3.24.015 PROHIBITING SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AND 3.24.016 PROVIDING FOR LEGAL NONCONFORMING USES, AMENDING SECTION 3.24.200 VIOLATIONS AND PENALTIES IN ORDER TO PROHIBIT THE CONDUCT OR OPERATIONS OF SOCIAL CARD GAMES AS COMMERCIAL STIMULANTS, AMENDING SECTION 3.24.020(D) TO SET THE MAXIMUM TAX RATE FOR SUCH NONCONFORMING USES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of September,2000. CITY CLERK, SANDRA S. CHASE {WSS449701.DOC;1 /00006.900000/1 - 5 - Document Adopted by Reference Ordinance # 3 on 9 -I ?-.ZLV0 AAAA4, ,f city clerk 1999 REVISED CODE of WASHINGTON Title 35 CITIES AND TOWNS ... .. Chapter 35.17 RCW COMMISSION FORM .- O.... ...F GOVERNMENT ..... ........ .. ........_._.............. _.. . .... .........- -......_..... -- .... ...... .........._........ ........_._._._......_.__...... RCW 35._17.260 _Legislative -- Ordinances by initiative petition. RCW 35.17.260 Legislative -- Ordinances by initiative petition. Applicable Cases Ordinances may be initiated by petition of registered voters of the city filed with the commission. If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty -five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless passed by the commission, the ordinance be submitted to a vote of the registered voters of the city, the commission shall either: (1) Pass the proposed ordinance without alteration within twenty days after the county auditor's certificate of sufficiency has been received by the commission; or (2) Immediately after the county auditor's certificate of sufficiency for the petition is received, cause to be called a special election to be held on the next election date, as provided in RCW 29.13.020, that occurs not less than forty -five days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within ninety days, in which event submission must be made on the general election ballot. [1996 c 286 § 4; 1965 c 7 § 35.17.260. Prior: 1911 c 116 § 21, part; RRS § 9110, part.] RCW 35.17.270 Legislative -- Initiative petition -- Submission procedures. Applicable Cases The petitioner preparing an initiative petition for submission to the commission shall follow the procedures established in RCW 35.21.005. [1996 c 286 § 5; 1965 c 7 § 35.17.270. Prior: (i) 1911 c 116 § 21, part; RRS § 9110, part. (ii) 1911 c 116 § 20, part; RRS § 9109, part. (iii) 1911 c 116 § 24; RRS § 9113.] RCW 35.17.280 Legislative -- Initiative petition -- Checking by clerk. Applicable Cases Within ten days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain and append to the petition his certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for' his sources of information, and the commission shall allow him extra help for that purpose, if necessary. If the signatures are found by the clerk to be insufficient the petition may be amended in that respect within ten days from the date of the certificate. Within ten days after submission of the amended petition the clerk shall make an examination thereof and append his certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it. [1965 c 7 § 35.17.280. Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c 116 § 21, part; RRS § 9110, part.] RCW 35.17.290 Legislative -- Initiative petition -- Appeal to court. Applicable Cases If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city and procure a decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds the petition to be sufficient. [1965 c 7 § 35.17.290. Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c 116 § 21, part; RRS § 9110, part.] RCW 35.17.300 Legislative -- Initiative -- Conduct of election. Ap 1p icable Cases lom_ isapi.dll ?clientID = 497038& hitsperheading =on &infobase= rcw.nfo &jump= 35.17.260 &soft9 /21 /00 Document 1999 REVISED CODE of WASHINGTON - ............. -...._......_.—..................._........._...._........_........ ..._ . ......_.........__ ............. Title 9 CRIMES AND PUNISHMENTS Chapter 9.46 RCW GAMBLING- -1973 ACT _ . . . .. . . . . . . . . ......... . . . . . . . RCW 9.46.0217 "Commercial stimulant." RCW 9.46.0217 "Commercial stimulant." Applicable Cases "Commercial stimulant," as used in this chapter, means an activity is operated as a commercial stimulant, for the purposes of this chapter, only when it is an activity operated in connection with an established business, with the purpose of increasing the volume of sales of food or drink for consumption on that business premises. The commission may by rule establish guidelines and criteria for applying this definition to its applicants and licensees for gambling activities authorized by this chapter as commercial stimulants. [1994 c 120 § 1; 1987 c 4 § 6. Formerly RCW 9.46.020(5).] RCW 9.46.0221 "Commission." Applicable Cases "Commission," as used in this chapter, means the Washington state gambling commission created in RCW 9.46.040. [1987 c 4 § 7. Formerly RCW 9.46.020(6).] RCW 9.46.0225 "Contest of chance." Applicable Cases "Contest of chance," as used in this chapter, 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. [1987 c 4 § 8. Formerly RCW 9.46.020(7).] RCW 9.46.0229 "Fishing derby." Applicable Cases "Fishing derby," as used in this chapter, means a fishing contest, with or without the payment or giving of an entry fee or other consideration by some or all of the contestants, wherein prizes are awarded for the species, size, weight, or quality of fish caught in a bona fide fishing or recreational event. [1987 c 4 § 9. Formerly RCW 9.46.020(8).] RCW 9.46.0233 "Fund raising event." Applicable Cases (1) "Fund raising event," as used in this chapter, means a fund raising event conducted during any seventy -two consecutive hours but exceeding twenty -four consecutive hours and not more than once in any calendar year or a fund raising event conducted not more than twice each calendar year for not more than twenty -four consecutive hours each time by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209 other than any agricultural fair referred to thereunder, upon authorization therefor by the commission, which the legislature hereby authorizes to issue a license therefor, with or without fee, permitting the following activities, or any of them, during such event: Bingo, amusement games, contests of chance, lotteries and raffles: PROVIDED, That (a) gross wagers and bets received by the organization less the amount of money paid by the organization as winnings and for the purchase cost of prizes given as winnings do not exceed ten thousand dollars during the total calendar days of such fund raising event in the calendar year; (b) such activities shall not include any mechanical gambling or lottery device activated by the insertion of a coin or by the insertion of any object purchased by any person taking a chance by gambling in respect to the device; (c) only bona fide members of the organization who are not paid for such ... /om_isapi. dll ?clientID =49703 8& hitsperheading= on &infobase=rcw.nfo &jump= 9.46.0217 &soft9 /21 /00 Document 1999 REVISED CODE of WASHINGTON Title 9 CRIMES AND P . .... ............._.. ­­­­­­­______ . Chapter 9.46 RCW GAMBLING- -1973 ACT ..... .......................... ............ RCW 9.46.0282 "Social card game." RCW 9.46.0282 "Social card game." Applicable Cases "Social card game" as used in this chapter means a card game that constitutes gambling and is authorized by the commission under RCW 9.46.070. Authorized card games may include a house - banked or a player - funded banked card game. No one may participate in the card game or have an interest in the proceeds of the card game who is not a player or a person licensed by the commission to participate in social card games. There shall be two or more participants in the card game who are players or persons licensed by the commission. The card game must be played in accordance with the rules adopted by the commission under RCW 9.46.070, which shall include but not be limited to rules for the collection of fees, limitation of wagers, and management of player funds. The number of tables authorized shall be set by the commission but shall not exceed a total of fifteen separate tables per establishment. [1997 c 118 § 1.] RCW 9.4.6 0285 "Thing of value." Applicable Cases "Thing of value," as used in this chapter, means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise, directly or indirectly, contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. [1987 c 4 § 22. Formerly RCW 9.46.020(21).] RCW 9.46.0289 "Whoever," "person." Applicable Cases "Whoever" and "person," as used in this chapter, include natural persons, corporations and partnerships and associations of persons; and when any corporate officer, director or stockholder or any partner authorizes, participates in, or knowingly accepts benefits from any violation of this chapter committed by his or her corporation or partnership, he or she shall be punishable for such violation as if it had been directly committed by him or her. [1987 c 4 § 23. Formerly RCW 9.46.020(22).] RCW 9.46.0305 Dice or coin contests for music, food, or beverage payment. Applicable Cases The legislature hereby authorizes the wagering on the outcome of the roll of dice or the flipping of or matching of coins on the premises of an establishment engaged in the business of selling food or beverages for consumption on the premises to determine which of the participants will pay for coin - operated music on the premises or certain items of food or beverages served or sold by such establishment and therein consumed. Such establishments are hereby authorized to possess dice and dice cups on their premises, but only for use in such limited wagering. Persons engaged in such limited form of wagering shall not be subject to the criminal or civil penalties otherwise provided for in this chapter: PROVIDED, That minors shall be barred from engaging in the wagering activities allowed by this chapter. [1987 c 4 § 25. Formerly RCW 9.46.020(1), part.] RCW 9.46.0311 Charitable, nonprofit organizations -- Authorized gambling activities. Applicable Cases .. /om isapi.dll ?client1D= 497038& hitsperheading= on &infobase= rcw.nfo &jump= 9.46.0282 &soft9 /21/00 Document 1999 REVISED CODE of WASHINGTON _.._ ........ ..............__............... -...._.._........_... .....................__.._.._.. -- ........... Title 9 CRIMES AND PUNISHMENTS ._.......... ......__ ..... ............_ ............... . -- .... Chapter 9.46 RCW GAMBLING —1973 • -1973 ACT _ _ _ ...................... RCW 9.46.110 Taxation of gambling activities -- Limitations -- Restrictions on_punch boards and pull-tabs--Lien. (Effective until January 1, 2000.) 1. RCW 9.46.110 Taxation of gambling activities -- Limitations -- Restrictions on punch boards and pull- tabs - -Lien. (Effective until January 1, 2000.) Applicable Cases (1) The legislative authority of any county, city - county, city, or town, by local law and ordinan ordinance, and in accordance with the provisions of this chapter and rules adopted under thi chapter, may provide for the taxing of any gambling activity authorized by this chapter within it jurisdiction, the tax receipts to go to the county, city - county, city, or town so taxing the activity. An such tax imposed by a county alone shall not apply to any gambling activity within a city or tow located in the county but the tax rate established by a county, if any, shall constitute the tax rat throughout the unincorporated areas of such county. (2) The operation of punch boards 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 one dollar; (c) No punch board or pull -tab license may award as a prize upon a winning number or symbo being drawn the opportunity of taking a chance upon any other punch board or pull -tab; (d) All prizes available to be won must be described on an information flare. All merchandis prizes must be on display within the immediate area of the premises in which any such punch boar or pull -tab is located. Upon a winning number or symbol being drawn, a merchandise prize must b immediately removed from the display and awarded to the winner. All references to cash o merchandise prizes, with a value over twenty dollars, must be removed immediately from th information flare when won, or such omission shall be deemed a fraud for the purposes of thi chapter; and (e) When any person wins money or merchandise from any punch board or pull -tab over a amount determined by the commission, every licensee shall keep a public record of the award for a 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 ten percent of th 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 o enforcement of the provisions of this chapter by the county, city or town law enforcement agency an in no event shall such taxation exceed two percent of the gross receipts from the amusement gam less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement game when such activities or any combination thereof are conducted by any bona fide charitable o nonprofit organization as defined in this chapter, which organization has no paid operating o management personnel and has gross receipts from bingo or amusement games, or a combinatio thereof, not exceeding five thousand dollars per year, less the amount awarded as cash o merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amoun awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable o nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull -tabs for bona fide charitable or nonprofit organizations i based on gross receipts from the operation of the games less the amount awarded as cash o 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 punch boards and pull -tabs for commercial stimulant operator may be based on gross receipts from the operation of the games, and may not exceed a rate of fiv percent, or may be based on gross receipts from the operation of the games less the amount awarde as cash or merchandise prizes, and may not exceed a rate of ten percent. 6 Taxation of social card games may not exceed twenty percent of the gross revenue from suc ... /om isapi.d11 ?c1ientID= 497038& hitsperheading= on &infobase= rcw.nfo &jump= 9.46.110 &softp9 /21/00 Document games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in th gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach o the date the tax becomes due and shall relate back and have priority against real and persona property to the same extent as ad valorem taxes. [1997 c 394 §4. 1994 c 301 §2; 1991 c 161 §1; 1987 c 4 P9. Prior: 1985 c 468 §2; 1985 c 172 §1; 1981 c 139 0; 197 ex.s. c 198 §1; 1974 ex.s. c 155 §8; 1974 ex.s. c 135 0; 1973 1st ex.s. c 218 §11.] Notes: Severability - -1981 c 139: See note following RCW 9.46.070. Severability- -1974 ex.s. c 155: See note following RCW 9.46.010. RCW 9.46.110 Taxation of gambling activities -- Limitations -- Restrictions on punch boards and pull- tabs - -Lien. (Effective January 1, 2000.) Applicable Cases (1) The legislative authority of any county, city - county, city, or town, by local law and ordinance ordinance, and in accordance with the provisions of this chapter and rules adopted under thi chapter, may provide for the taxing of any gambling activity authorized by this chapter within it jurisdiction, the tax receipts to go to the county, city - county, city, or town so taxing the activity. An such tax imposed by a county alone shall not apply to any gambling activity within a city or tow located in the county but the tax rate established by a county, if any, shall constitute the tax rat throughout the unincorporated areas of such county. (2) The operation of punch boards 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 one dollar; (c) No punch board or pull -tab license may award as a prize upon a winning number or symbo being drawn the opportunity of taking a chance upon any other punch board or pull -tab; (d) All prizes available to be won must be described on an information flare. All merchandis prizes must be on display within the immediate area of the premises in which any such punch boar or pull -tab is located. Upon a winning number or symbol being drawn, a merchandise prize must b immediately removed from the display and awarded to the winner. All references to cash o merchandise prizes, with a value over twenty dollars, must be removed immediately from th information flare when won, or such omission shall be deemed a fraud for the purposes of thi chapter; and (e) When any person wins money or merchandise from any punch board or pull -tab over a amount determined by the commission, every licensee shall keep a public record of the award for a 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 th 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 o enforcement of the provisions of this chapter by the county, city or town law enforcement agency an in no event shall such taxation exceed two percent of the gross receipts from the amusement gam less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement game when such activities or any combination thereof are conducted by any bona fide charitable o nonprofit organization as defined in this chapter, which organization has no paid operating o management personnel and has gross receipts from bingo or amusement games, or a combinatio thereof, not exceeding five thousand dollars per year, less the amount awarded as cash o merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amoun awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable o nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull -tabs for bona fide charitable or nonprofit organizations i based on gross receipts from the operation of the games less the amount awarded as cash o merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city .. /om isapi.dll ?client1D= 497038& hitsperheading= on &infobase= rcw.nfo &jump= 9.46.110 &soft 9/21/00 Document county, city, or town, the taxation of punch boards and pull -tabs for commercial stimulant operator may be based on gross receipts from the operation of the games, and may not exceed a rate of fiv percent, or may be based on gross receipts from the operation of the games less the amount awarde as cash or merchandise prizes, and may not exceed a rate of ten percent. 69 Taxation of social card games may not exceed twenty percent of the gross revenue from suc games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in th gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach o the date the tax becomes due and shall relate back and have priority against real and persona property to the same extent as ad valorem taxes. [1999 c 221 §1; 1997 c 394 §1; 1994 c 301 §Z; 1991 c 161 §1; 1987 c 4 P9. Prior: 1985 c 468 ,?; 1985 c 172 §1; 1981 139 0; 1977 ex.s. c 198 §1; 1974 ex.s. c 155 0; 1974 ex.s. c 135 0; 1973 1st ex.s. c 218 §11.] Notes: Effective date - -1999 c 221: "This act takes effect January 1, 2000. " [1999 c 221 �?.J Severability- -1981 c ]39: See note following RCW 9.46.070. Severability- -1974 ex.s. c 155: See note following RCW 9.46.010. RCW 9.46.113 Taxation of gambling activities -- Disbursement. Applicable Cases Any county, city or town which collects a tax on gambling activities authorized pursuant to RCW 9.46.110 shall use the revenue from such tax primarily for the purpose of enforcement of the provisions of this chapter by the county, city or town law enforcement agency. [1975 1st ex.s. c 166 § 11.] Notes: Severability- 4975 1st ex.s. c 166: See note following RCW 9.46.090. RCW 9.46.116 Fees on pull -tab and punchboard sales. Applicable Cases 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: 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.] RCW 9.46.120 Restrictions on management or operation personnel -- Restriction on leased premises. Applicable Cases (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 ... /om isapi.dll ?clientID= 497038& hitsperheading =on &infobase= rcw.nfo &jump= 9.46.110 &soft 9/21/00 Affidavit of Publication STATE Or WASHINGTON, >:s COUNTY Or SNOHOVLISH, RECEIVED SEP 2 7 2000 EDMONDS CITY CLERK UMMARY OF ORDINANCE The undersigned, being first duly sworn on oath deposes and says of the Nty o 3 dmonds, that she is Principal Clerk of THE HERALD, a daily newspaper Washington On the 16th day of September, 2000, the City Council of the City printed and published in the City of Everett, County of Snohomish, of Edmonds, passed Ordinance No. 3327. A summary of the and State of Washington; that said newspaper is a newspaper of content of said ordinance, consisting of the title, provides as general circulation in said County and State; that said newspaper follows: AN ORDINANCE OF THE CITY has been approved as a legal newspaper by order of the Superior OF EENAC EDNDPURSUANT WASHINGTON TO RCW 35.17.260 AMENDING Court Of Snohomish County and that the notice ......... ............................... THE PROVISIONS OF EDMONDS CITY CODE CHAPTER 3.24 BY THE ENACTMENT OF NEW Summary f Ordinance ��3328 SECTIONS3.24.015 PROHIBIT- y .................................................................... ............................... .... City of Edmonds ....................................................................................................... ............................... OPERATIONSOF SOCIAL ....................................................................................................... ............................... C ARL STIMULANTS, AMENDING P a printed copy of which is hereunto attached was published in said SECTION THE MAXIMUM TAX t� TE FOR newspaper proper and not in supplement form, in the regular and SUCH NONCONFORMING USES, AND FIXING A TIME, WHEN entire edition of said paper on the following days and times, namely: THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of September 24, 2000 September. 2000. ............................................................... ............................... CITY CLERK, SANDRA S. CHASE Published: September 24, 2000. . .... .............. R...........................................................................--. ............................... aii that sai newspaper was reg ar y distribute{) to its subscribers diiiina all of said perio . - -- " ---.,_ 1 / .................1........... Pri pal Clerk Subscribed and sworn to before me this.............. th S tember 00 aof........ ................. 20......... ...... ......................... .. ............................... Notary Public in and for the Sta of Washington, resldiiwit' PUL -Sno on C unty. �Q 4. v NprARY 9: _ M. .. co Pus 91- o SH�`` 9_2 -t 1