Ordinance 33190006.900000
WSS /gjz
7/19/00
ORDINANCE NO. 3319
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 3.24 TAXING AND REGULATION OF GAMBLING
TO ENACT A NEW SECTION 3.24.015 PROHIBITING HOUSE
BANKED CARDROOMS AS COMMERCIAL STIMULANTS,
SETTING A SUNSET DATE OF SIX MONTHS IN ORDER TO
PROVIDE FOR AN EFFECTIVE PERIOD OF STUDY, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds does not currently have a cardroom gambling
operation and, although such cardrooms have in theory been permitted under City ordinance, the
City has no opportunity to study and evaluate the impacts of such gambling facilities upon the
City of Edmonds, and
WHEREAS, the City Council wishes to prohibit house banked cardrooms for a
period of six months, or such longer period as the City Council in its discretion shall determine,
in order to provide for a period of study and review of the effects of gambling upon the
community; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 3.24 Taxing and Regulation of Gambling is hereby amended
by the enactment of a new Section 3.24.015 House Banked Cardrooms as Established under
RCW 9.46.0282, as Commercial Stimulants Prohibited to read as follows:
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3.24.015 House Banked Cardrooms as established under RCW
9.46.0282, as commercial stimulants — prohibited.
House Banked Cardrooms as established under RCW 9.46.0282, as
commercial stimulants shall be prohibited within the City of
Edmonds. The terms "cardroom" and "commercial stimulant"
shall be defined as provided above in Section 3.24.010.
Section 2. The provisions of this ordinance have been enacted in order to provide
for a period of study by the Edmonds City Council and shall sunset on its terms on January 31,
2001, unless separately extended or repealed by an act of the Edmonds City Council
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:
M OR,G HAAKENSON
ATTEST /AUTHENTICATED:
ITV CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT E AT EY.
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07/21/2000
PASSED BY THE CITY COUNCIL: 07/25/2000
PUBLISHED: 07/30/2000
EFFECTIVE DATE: 08/04/2000
ORDINANCE NO. 3319
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SUMMARY OF ORDINANCE NO. 3319
of the City of Edmonds, Washington
On the 25th day of July, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3319. 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 CHAPTER 3.24 TAXING AND REGULATION OF GAMBLING TO
ENACT A NEW SECTION 3.24.015 PROHIBITING HOUSE BANKED CARDROOMS AS
COMMERCIAL STIMULANTS, SETTING A SUNSET DATE OF SIX MONTHS IN ORDER
TO PROVIDE FOR AN EFFECTIVE PERIOD, OF STUDY, 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 July, 2000.
CITY CLERK, SANDRA S. CHASE
{ WSS442507.DOC;1/00006.900000/ }- 3 -
Adopted by Reference Gambling -1973 Act
Ordinance # 33! 9 on - $�00
orb • J. s auxiliary
1987 b ted , the
foi City Clerk - y
10
(3) Members of any chapter or local unit within the
jurisdiction of the next higher level of the parent organiza-
Iing, f Lion; and members of a bona fide auxiliary to that chapter or
lade . unit; .may assist any other chapter or local unit of that same
1 for organization licensed by the commission in the conduct of
Lion; gambling activities.
tting No person shall be a member of any organization if that
onal 't person's primary purpose for membership is to become,, or
•s of ; continue to be, a participant in, or an operator or manager
;ion of;::any gambling activity or activities. [1987 c 4 § 16.
;ion. ' Formerly RCW 9.46.020(15).] •
•` Q' 9.46.0265 "Player." "Player," as used in this chapter,
ling means a natural person who engages, on equal terms with
>om, the other participants, and solely as a contestant or bettor, in
d to _ any form of gambling in which no person may receive or
this become entitled to receive any profit therefrom other than
;hall J personal gambling winnings, and without otherwise rendering
)nal any material assistance to the establishment, conduct or
2) ] t operation of a particular gambling activity. A natural person
who gambles at a social game of chance on equal terms with
ird, fhe.other participants shall not be considered as rendering
ket, ,x material assistance to the establishment, conduct or operation
J or + :' - of the social game merely by performing, without fee or
am- .remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play,
'Y permitting the use of premises for the game, or supplying
this 9 ;cards or other equipment to be used in the games. A person
y or :: ::.who engages in "bookmaking" as defined in this chapter is
reed iiot a "player.' A person who pays a fee or "vigorish"
4 § ::.;enabling him or her to place a wager with a bookmaker, or
:,pays a fee other than as authorized by this chapter to
t ; ; ?participate in a card game, contest of chance, lottery, or
r „ gambling activity, is not a player. [1997 c 118 § 2; 1991 c
Ater,
2A! § 2; 1987 c 4 § 17. Formerly RCW 9.46.020(16).]
tion N '
pter 1_ ' 9.46.0269 "Professional gambling." (1) A person is
the : engaged in "professional gambling" for the purposes of this
full chapter when:
)r a :r .., (a) Acting other than as a player or in the manner
r to 3 authorized by this chapter, the person knowingly engages in
am conduct which materially aids any form of gambling activity;
)en- : or:
sid- 4�° (b) Acting other than in a manner authorized by this
Chapter, the person pays a fee to participate in a card game,
' cohtest of chance, lottery, gambling activity; or
n 1 y _,, ry, or other g ty;
snit >. `'• (c) Acting other than as a player or in the manner
ling authorized by this chapter, the person knowingly accepts or
receives money or other property pursuant to an agreement
ite,
?' or: understanding with any other person whereby he or she
gym_ Participates or is to participate in the proceeds of gambling
ling
activity; or
s of J1, (d) The person engages in bookmaking; or
(e) The person conducts a lottery; or
.pal " (f) The person violates RCW 9.46.039.
ipal 4 (2) Conduct under subsection (1)(a) of this section,
act- except as exempted under this chapter, includes but is not
ipal .i limited to conduct directed toward the creation or establish-
s c!R8 Ed.)
Ed.)
9.46.0261
ment of the particular game, contest, scheme, device or
activity involved, toward the acquisition or maintenance of
premises, paraphernalia, equipment or apparatus therefor,
toward the solicitation or inducement of persons to partici-
pate therein, toward the actual conduct of the playing phases
thereof, toward the arrangement of any of its financial or
recording phases, or toward any other phase of its operation.
If a person having substantial proprietary or other authorita-
tive control over any premises shall permit the premises to
be used with the person's knowledge for the purpose of
conducting gambling activity other than gambling activities
authorized by this chapter, and acting other than as a player,
and the person permits such to occur or continue or makes
no effort to prevent its occurrence or continuation, the
person shall be considered as being engaged in professional
gambling: PROVIDED, That the proprietor of a bowling
establishment who awards prizes obtained from player
contributions, to players successfully knocking down pins
upon the contingency of identifiable pins being placed in a
specified position or combination of positions, as designated
by the posted rules of the bowling establishment, where the
proprietor does not participate in the proceeds of the "prize
fund" shall not be construed to be engaging in "professional
gambling" within the meaning of this chapter: PROVIDED
FURTHER, That the books and records of the games. shall
be open to public inspection. [1997 c 78 § 1; 1996 c 252 §
2; 1987 c 4 § 18. Formerly RCW 9.46.020(17).]
9.46.0273 "Punch boards," "pull- tabs." "Punch
boards" and "pull- tabs," as used in this chapter, shall be
given their usual and ordinary meaning as of July 16, 1973,
except that such definition may be revised by the commis-
sion pursuant to rules and regulations promulgated pursuant
to this chapter. [1987 c 4 § 19. Formerly RCW
9.46.020(18).]
9.46.0277 "Raffle." "Raffle," as used in this chapter,
means a game in which tickets bearing an individual number
are sold for not more than twenty-five dollars each and in
which a prize or prizes are awarded on the basis of a
drawing from the tickets by the person or persons conducting
the game, when the game is conducted by a bona fide
charitable or nonprofit organization, no person other than a
bona fide member of the organization takes any part in the
management or operation of the game, and no part of the
proceeds thereof inure to the benefit of any person other than
the organization conducting the game. 11995 2nd sp.s. c 4
§ 1; 1987 c 4 § 20. Formerly RCW 9.46.020(19).]
9.46.0282 "Social card game." "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 commis-
sion. The card game must be played in accordance with the
rules adopted by the commission under RCW 9.46.070,
[Title 9 RCW —page 39]
9.46.0282
Title 9 RCW: Crimes and Punishments
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 § 1.1
9.46.0285 "Thing of value." "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, enter-
tainment or a privilege of playing at a game or scheme
without charge. [ 1987 c 4 § 22. Formerly RCW
9.46.020(21).] '
9.46.0289 "Whoever," "person." "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 punish-
able for such violation as if it had been directly committed
by him or her. [1987 c 4 § 23. Formerly RCW
9.46.020(22).]
9.46.0305 Dice or coin contests for music, food, or
beverage payment. 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 bared
from engaging in the wagering activities allowed by this
chapter. [1987 c 4 § 25. Formerly RCW 9.46.020(1), part.]
9.46.0311 Charitable, nonprofit organizations —
Authorized gambling activities. The legislature hereby
authorizes bona fide charitable or nonprofit organizations to
conduct bingo games, raffles, amusement games, and fund
raising events, and to utilize punch boards and pull -tabs and
to allow their premises and facilities to be used by only
members, their guests, and members of a chapter or unit
organized under the same state, regional, or national charter
or constitution, to play social card games authorized by the
commission, when licensed, conducted or operated pursuant
to the provisions of this chapter and rules and regulations
adopted pursuant thereto. [1987 c 4 § 26. Formerly RCW
9.46.030(1).]
9.46.0315 Raffles —No license required, when. Bona
fide charitable or bona fide nonprofit organizations organized
primarily for purposes other than the conduct of raffles, are
[Title 9 RCW —page 401
hereby authorized to conduct raffles without obtaining a
license to do so from the commission when such raffles are
held in accordance with all 'other requirements of this
chapter, other applicable laws, and rules of the commission;
when gross revenues from all such raffles held by the
organization during the calendar year do not exceed five
thousand dollars; and when tickets to such raffles are sold
only to, and winners are determined only from among, the
regular members of the organization conducting the raffle.
The organization may provide unopened containers of
beverages containing alcohol as raffle prizes if the appropri-
ate permit has been obtained from the liquor control board:
PROVIDED, That the term members for this purpose shall
mean only those persons who have become members prior
to the commencement of the raffle and whose qualification
for membership was not dependent upon, or in any way
related to, the purchase of a ticket, or tickets, for such
raffles. [1991 c 192 § 4; 1987 c 4 § 27. Formerly RCW
9.46.030(2).]
9.46.0321 Bingo, raffles, amusement games —No
license required, when. Bona fide charitable or bona fide
nonprofit organizations organized primarily for purposes
other than the conduct of such activities are hereby autho-
rized to conduct bingo, raffles, and amusement games,
without obtaining a license to do so from the commission
but only when:
(1) Such activities are held in accordance with all other
requirements of this chapter, other applicable laws, and rules
of the commission;
(2) Said activities are, alone or in any combination,
conducted no more than-twice each calendar year and over
a period of no more than twelve consecutive days each time;
notwithstanding the limitations of RCW 9.46.0205: PRO=
VIDED, That a raffle conducted under this subsection may
be conducted for a period longer than twelve days;
(3) Only bona fide members of that organization, who
are not paid for such services, participate in the management
or operation of the activities;
(4) Gross revenues to the organization from all the
activities together do not exceed five thousand dollars during
any calendar year;
(5) All revenue therefrom, after deducting the cost of
prizes and other expenses of the activity, is devoted solelyv .
to the purposes for which the organization qualifies as a<
bona fide charitable or nonprofit organization; 0
(6) The organization gives notice at least five days in;
advance of the conduct of any of the activities to the local'
police agency of the jurisdiction within which the activities
are to be conducted of the organization's intent to conduct;'
the activities, the location of the activities, and the date orj
dates they will be conducted; and
(7) The organization conducting the activities maintains±
records for a period of one year from the date of the event
which accurately show at a minimum the gross revenue frgn
each activity, details of the expenses of conducting tl%`e
activities, and details of the uses to which the gross revenue;
therefrom is put. [1987 c 4 § 28. Formerly RCV
9.46.030(3).] a
(1998
Affidavit of Publication
STATE OF WASHINGTON, l
COUNTY OF SNOHODGSH, )r
of the it9( ofrdmonds,
Whinn
On the 25th day of July, 2000,
the City Council of the City oil
Edmonds, passed Ordinance No.
3319. A summary of the content]
of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON.,
A �,�r,,,�..... �.._
MVNTHS IN ORDER TO PRO
'VIDE FOR AN EFFECTIVE PE,Y
RIOD OF STUDY, AND FIXING'
IA TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance'
will be mailed upon request.
DATED this 26th day of July„
2000.
CITY CLERK,
SANDRA S. CHASE
Published`July 30, 2000. _
8 -2 -1
RECEIVED
r'f`= 0 J 2000
EDMONDS CITY CLERK
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 ......... ...............................
Summary of Ordinance 43319
...................I ................................... ................
City of Edm . onds
....
.................................... ...............................
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: July 30, 2000
....................................................................................................... ...............................
/. f ........................................................ ............................... ...........................
=and that s 'd newspaper was reg a y distiibuted to its subscribers
of said perlooq. !~ I/
Clerk
Subscribed and sworn to before me this ...........lst...., - --
..., 20....00
... ...............................
to of Washington,
?ounty.
v ailia��� m e
—1 ;4 PUBLIC
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