Ordinance 33040006.900000
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4/17/00
ORDINANCE NO. 3304
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
EDMONDS CITY CODE 3.24.020, PARAGRAPH A, TO
REDUCE THE TAX ON BINGO AND RAFFLE PROCEEDS TO
FIVE PERCENT IN ACCORDANCE WITH PROVISIONS OF
WASHINGTON STATE STATUTE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds currently taxes bingo and raffle proceeds at a
rate equal to ten percent of the gross proceeds, and
WHEREAS, amendments to RCW 9.46.110 limits such tax to a maximum rate of
five percent of the proceeds,
WHEREAS, the City Council wishes to amend ECC 3.24.020(A) to provide for
the taxation of bingo and raffle proceeds collected since the effective date of the statutory change
on January 1, 2000, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code, Section 3.24.020 Persons Subject to Tax —
Tax Rate, paragraph A. Bingo and Raffles is hereby amended to read as follows:
3.24.020 Persons Subject to Tax — Tax Rate.
A. Bingo and Raffles. A tax in an amount equal to five
percent of the gross receipts from a bingo game or raffle less the
amount awarded as cash or merchandise prizes;
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Section 2. Provisions of this ordinance shall apply to all collections of gross
receipts received by the taxpayer after January 1, 2000, the effective date of the amendments to
RCW 9.46.110.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MA OR, ORY HAAKENSON
ATTEST /AUTHENTICATED:
11 g"'J 1�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITX ATTORNEY.
BY 05—u/14ir
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/21/2000
PASSED BY THE CITY COUNCIL: 04/25/2000
PUBLISHED: 04/30/2000
EFFECTIVE DATE: 05/05/2000
ORDINANCE NO. 3304
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SUMMARY OF ORDINANCE NO. 3304
of the City of Edmonds, Washington
On the 25th day of April, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3304. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF EDMONDS CITY CODE 3.24.020, PARAGRAPH A, TO REDUCE THE
TAX ON BINGO AND RAFFLE PROCEEDS TO FIVE PERCENT IN ACCORDANCE WITH
PROVISIONS OF WASHINGTON STATE STATUTE, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of April, 2000.
o . /. 64-x�
CITY CLERK, SANDRA S. CHASE
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Gambling -1973 Act 9.46.070
wagered or contributed or won by a-player in any such
activities;
(12) To regulate the collection of and the accounting for
the fee which may be imposed by an organization, corpora-
tion, or person licensed to conduct a social card game on a
person desiring to become a player in a social card game in
accordance with RCW 9.46.0282; -
(13) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating
any matter within the scope of its duties and responsibilities;
(14) In accordance with RCW 9.46.080, to adopt such
rules and regulations as are deemed necessary to carry out
the purposes and provisions of this chapter. All rules and
regulations shall be adopted pursuant to the administrative
procedure act, chapter 34.05 RCW;
(15) To set forth for the perusal of count ity-
counties, cities and towns, model ordinances by
legislative authority thereof may enter into the t
gambling activity authorized by this chapter;
(16) To establish and regulate a maximum
salaries or wages which may be paid to persons employ
connection with activities conducted by bona fide charitable
or nonprofit organizations and authorized by this chapter,
where payment of such persons is allowed, and to regulate
and establish maximum limits for other expenses in connec-
tion with such authorized activities, including but not limited
to rent or lease payments. However, the commissioner's
powers and duties granted by this subsection are discre-
tionary, and not mandatory.
In establishing these maximum limits the commission
shall take into account the amount of income received, or
expected to be received, from the class of activities to which
the limits will apply and the amount of money the games
could generate for authorized charitable or nonprofit purpos-
es absent such expenses. The commission may also take
into account, in its discretion, other factors, including but not
limited to, the local prevailing wage scale and whether
charitable purposes are benefited by the activities;
. (17) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the
commission may by rule provide, to any person to work for
any operator of any gambling activity authorized by this
chapter in connection with that activity, or any manufacturer,
supplier, or distributor of devices for those activities in
-t ection with such business. The commission shall not
require that persons working solely as volunteers in an
WMUtshorized activity conducted by a bona fide charitable or
�'borra fide nonprofit organization, who receive no compensa-
iOf any kind for any purpose from that organization, and
have no managerial .
.have or supervisory responsibility in
ori., -., rtion with that activity, be licensed to do such work.
He4bmmission may require that licensees employing such
'lte'd `rised volunteers submit to the commission periodically
<.. . .
<;tof the names, addresses, and dates of birth of the
n%eers: If any volunteer is not approved by the commis -
Nq commission may require that the licensee not allow
pe.�son to work in connection with the licensed activity;
1a8); - 0 publish and make available at the office of the
a y?ssion or elsewhere to anyone requesting it a list of the
assign license
;and licensi
Adopted b Referen e
,frypi;
P Y
Ordinance # .330 q on `>�-e� -00
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City Clerk
(19) To establish guidelines for determining what
constitutes active membership in bona fide nonprofit or
charitable organizations for the purposes of this chapter; and
. (20) To perform all other matters and things necessary
to carry out the purposes and provisions of this chapter.
(1999 c 143 § 6; 1993 c 344 § 1; 1987 c 4 § 38; 1981 c 139
§ 3. Prior: 1977 ex.s. c 326 § 3; 1977 ex.s. c 76 § 2; 1975-
'76 2nd ex.s. c 87 § 4; 1975 1st ex.s. c 259 § 4; 1974 ex.s.
c 155 § 4; 1974 ex.s. c 135 § 4; 1973 2nd ex.s. c 41 § 4;
1973 1st ex.s. c 218 § 7.]
Effective date -1993 c 344: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1993." (1993 c 344 § 2.1
Severability -1981 c 139: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not,affected." (1981 c 139 § 19.1
Severability-1974 exs. c 155: See note following RCW 9.46.010.
i�rcement— Commission as a law enforcement agency: RCW 9.46.210.
9.46.110 Taxation of gambling activities—Limita-
dons— Restrictions on punch boards and puff-tabs—Lien.
(Effective January 1, 2000.) (1) The legislative authority of
any county, city- county, city, or town, by local law and
ordinance, and in accordance with the provisions of this
chapter and rules adopted under this chapter, may provide
for the taxing of. any gambling activity authorized by this
chapter within its jurisdiction, the tax receipts to go to the
county, city- county, city, or town so taxing the activity. Any .
such tax imposed by a county alone shall not apply to any
gambling activity within a city or town located in the county
but the tax rate established by a county, if any, shall consti-
tute the tax rate 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 symbol being drawn the
opportunity of takin& 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 merchandise prizes must be on
display within the immediate area of the premises in which
any such punch board or pull -tab is located. Upon a
winning number or symbol being drawn, a merchandise prize
must be immediately removed from the display and awarded
to the winner. All references to cash or merchandise prizes,
with a value over twenty dollars, must be removed immedi-
ately from the information flare when won, or such omission
shall be deemed a fraud for the purposes of this chapter; and ,
(e) When any person wins money or merchandise from
any punch board or pull -tab over an amount determined by
the commission, every licensee shall keep a public record of
the award for at least ninety days containing such informa-
tion as the commission shall deem necessary.
.(3)(a) Taxation of bingo and raffles shall never be in an
amount greater than five percent of the gross receipts from
(1999 RCW Supp —page 251
9.46.110
Title 9 RCW: Crimes and Punishments
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 of enforcement of
the provisions of this chapter by the county, city or town law
enforcement agency and in no event shall such taxation
exceed two percent of the gross receipts from the amusement
game less the amount awarded as prizes.
(c) No tax shall be imposed under the authority of this
chapter on bingo or amusement games when such activities
or any combination thereof are conducted by any bona fide
charitable or nonprofit organization as defined in this
chapter, which organization has no paid operating or man-
agement personnel and has gross receipts from bingo or
amusement games, or a combination thereof, not exceeding
five thousand dollars per year, less the amount awarded as
cash or merchandise prizes.
(d) No tax shall be imposed on the first ten thousand
dollars 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 this
chapter.
(e) Taxation of punch boards and pull -tabs for bona fide
charitable or nonprofit organizations is based on gross
receipts from the operation of the games less the amount
awarded as cash or 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 operators may be based on
gross receipts from the operation of the games, and may not
exceed a rate of five percent, or may be based on gross
receipts from the operation of the games less the amount
awarded as cash or merchandise prizes, and may not exceed
a rate of ten percent:
(f) Taxation of social card games may not exceed
twenty percent of the gross revenue from such games.
(4) Taxes imposed under this chapter become a lien
upon personal and real property used in the gambling
activity in the same manner as provided for under RCW
84.60.010. The lien shall attach on the date the tax becomes
due and shall relate back and have priority against real and
personal property to the same extent as ad valorem taxes.
(1999 c 221 §. 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c
161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 . c 172
§ 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c. 155
§ 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § IlJ
Effective date -1999 c 221: "This act takes effect January 1, 2000."
[1999 c 221 § 2.]
Severability -1981 c 139: See note following RCW 9.46.070.
Severability -1974 ex.s. c 155: See note following RCW 9.46.010.
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 not more than one year in the county jail or a -fine of not
(1999 RCW Supp —page 26]
more than five thousand dollars, or both. (1999 c 143
1977 ex.s. c 326 § 14:]
Chapter 9.68A
SEXUAL EXPLOITATION OF CHILDREN
(Formerly: Child pornography)
Sections
9.68A.100 Patronizing juvenile prostitute.
9.68A.120 Seizure and forfeiture of property.
9.68A.100 Patronizing juvenile prostitute. A persc
is guilty of patronizing a juvenile prostitute if that Peru
engages or agrees or offers to engage in sexual conduct wii
a minor in return for a fee, and is guilty of a class C felor
punishable under chapter 9A.20 RCW. In addition to ar
other penalty provided under chapter 9A.20 RCW, a persc
guilty- of patronizing a juvenile prostitute is subject to ti
provisions under RCW 9A.88.130 and 9A.88.140. [1999
327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]
Findings — Intent --1999 c 327: See note following RCW 9A.88.12
Additional requirements: RCW 9A. 88.130.
Vehicle impoundment. RCW 9A.88.140.
9.68A.120 Seizure and forfeiture of property. The
following are subject to seizure and forfeiture:
(1) All visual or printed.matter that depicts a minor
engaged in sexually explicit conduct. 1
(2) All raw materials, equipment, and other tangible•,
personal property of any kind used or intended to be used to
manufacture or process any visual or printed matter that
depicts a minor engaged in sexually explicit conduct, and all
conveyances, including aircraft, vehicles, or vessels that are
used or intended for use to transport, or in any manner tq
facilitate the transportation of, visual or printed matter in
violation of RCW 9.68A.050 or 9.68A.060, but:
(a) No conveyance. used by any person as a common
carrier in the transaction of business as a common carrier is
subject to forfeiture under this section unless it appears that
the owner or other person in charge of the conveyance is
consenting party or privy to a violation'of this chapter;
(b) No property is subject to forfeiture under this section
by reason of any act or omission established by the owner o:
the property to have been committed or omitted without th1
owner's knowledge or consent;
(c) A forfeiture of property encumbered by a bona fidi
security interest is subject to the interest of the secured part:
if the secured party neither had knowledge of nor consenter
to the act or omission; and
(d) When the owner of a conveyance has been arreste,
under this chapter the conveyance may not be subject t
forfeiture unless it is seized or process is issued for it
seizure within ten days of the owner's arrest.
(3) All personal property, moneys, negotiable instrt
ments, securities, or other tangible or intangible propert
furnished or intended to be furnished by any person i
exchange for visual or.printed matter depicting a min(
engaged in sexually explicit conduct, or constituting procee(
traceable to any violation of this chapter.
(4) Property subject to forfeiture under this chapter me
be seized by any law enforcement officer of this state upc
STATE or WASHINGTON,
couNTY or SNOHOMLISH,
oummnm yr vnuirvr wur
of the tyC ofEdmonds, I
Washington I
On the 25th day of April, 2000,
the City Council of the City di
Edmonds, passed Ordinance No.
3304. A summary of the content
of said ordinance, consisting of
FIVE PERCENT IN ACCOR-
IDANCE WITH PROVISIONS OF
WASHINGTON STATE STAT-
CUTE, AND FIXING A TIME
WHEN THE SAME SHALL BE-
COME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 26th day of April,
2000.
CITYCLERK,
SANDRA S. CHASE
Published: April 30, 2000.
B -2 -1
i -
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summery Of Ordinance #3304
........... .................
City of Edmonds
......................................................................................... ............................... ... ...........
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
Published: April 30, 2000
....................................................................................................... ...............................
........ ...... !.... A\...�............................................................................. ...............................
and I-\hat�+ SM'' newspaper was regulaYly>(distributed to its subscribers
during , II—of said perigd. __ \
...................................
Principal Clerk
1st
Subscribed and sworn to before me this ............................
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