Title 9 — Title 9 CRIMES AND PUNISHMENTS
48 chapters · 738 sections in this title.
RCW 9.46.077 Gambling commission—Vacation of certain suspensions upon payment of monetary penalty.
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The commission, when suspending any license for a period of thirty days or less, may further provide in the order of suspension that such suspension shall be vacated upon payment to the commission of a monetary penalty in an amount then fixed by the commission.[ 1981 c 139 s 5.]N…
RCW 9.46.080 Gambling commission—Administrator—Staff—Rules and regulations—Service contracts.
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The commission shall employ a full time director, who shall be the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations adopted by the commission governing the activities authorized hereunder and shall supervise commissi…
RCW 9.46.085 Gambling commission—Members and employees—Activities prohibited.
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A member or employee of the gambling commission shall not:(1) Serve as an officer or manager of any corporation or organization which conducts a lottery or gambling activity;(2) Receive or share in, directly or indirectly, the gross profits of any gambling activity regulated by t…
RCW 9.46.090 Gambling commission—Reports.
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Subject to RCW 40.07.040, the commission shall, from time to time, make reports to the governor and the legislature covering such matters in connection with this chapter as the governor and the legislature may require. These reports shall be public documents and contain such gene…
RCW 9.46.095 Gambling commission—Proceedings against, jurisdiction—Immunity from liability.
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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 dutie…
RCW 9.46.100 Gambling revolving fund—Created—Receipts—Disbursements—Use.
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There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by …
RCW 9.46.110 Taxation of gambling activities—Limitations—Restrictions on punchboards and pull-tabs—Lien.
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(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 i…
RCW 9.46.113 Taxation of gambling activities—Disbursement.
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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 s 6; 1975 1st ex.s. c 166 s 11.]Notes:Severability—1975 1st ex.s. c 166: See note fo…
RCW 9.46.116 Fees on pull-tab and punchboard sales.
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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 coi…
RCW 9.46.120 Restrictions on management or operation personnel—Restriction on leased premises.
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(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…
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.
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(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 o…
RCW 9.46.140 Gambling commission—Investigations—Inspections—Hearing and subpoena power—Administrative law judges.
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(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 enforcemen…
RCW 9.46.150 Injunctions—Voiding of licenses, permits, or certificates.
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(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…
RCW 9.46.153 Applicants and licensees—Responsibilities and duties—Waiver of liability—Investigation statement as privileged.
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(1) It shall be the affirmative responsibility of each applicant and licensee to establish by clear and convincing evidence the necessary qualifications for licensure of each person required to be qualified under this chapter, as well as the qualifications of the facility in whic…
RCW 9.46.155 Applicants and licensees—Bribes to public officials, employees, agents—Penalty.
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(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…
RCW 9.46.158 Applicants, licensees, operators—Commission approval for hiring certain persons.
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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 c…
RCW 9.46.160 Conducting activity without license.
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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 …
RCW 9.46.170 False or misleading entries or statements, refusal to produce records.
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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 main…
RCW 9.46.180 Causing person to violate chapter.
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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 s 5; 1977 ex.s. c 326 s 8; 1973 1st ex.s. c 218 s 18.]
RCW 9.46.185 Causing person to violate rule or regulation.
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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 s 6; 1977 ex.s. c 3…
RCW 9.46.190 Violations relating to fraud, deceit, altering or misrepresenting, betting, or gambling—Penalty.
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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 neces…
RCW 9.46.192 Cities and towns—Ordinance enacting certain sections of chapter—Limitations—Penalties.
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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…
RCW 9.46.193 Cities and towns—Ordinance adopting certain sections of chapter—Jurisdiction of courts.
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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…
RCW 9.46.195 Obstruction of public servant—Penalty.
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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…
RCW 9.46.196 Cheating—Defined.
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"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 …
RCW 9.46.1961 Cheating in the first degree.
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(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 …
RCW 9.46.1962 Cheating in the second degree.
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(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…
RCW 9.46.198 Working in gambling activity without license as violation—Penalty.
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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 commiss…
RCW 9.46.200 Action for money damages due to violations—Interest—Attorneys' fees—Evidence for exoneration.
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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 conduc…
RCW 9.46.210 Enforcement—Commission as a law enforcement agency.
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(1) It shall be the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.(2) In addition to the authority granted by subsection (1) of this section law enforcemen…
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.
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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 n…
RCW 9.46.215 Ownership or interest in gambling device—Penalty—Exceptions.
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(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 …
RCW 9.46.217 Gambling records—Penalty—Exceptions.
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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 re…
RCW 9.46.220 Professional gambling in the first degree.
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(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 peop…
RCW 9.46.221 Professional gambling in the second degree.
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(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 pe…
RCW 9.46.222 Professional gambling in the third degree.
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(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 d…
RCW 9.46.225 Professional gambling—Penalties not applicable to authorized activities.
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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 s 37. Forme…
RCW 9.46.228 Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized.
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(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 amu…
RCW 9.46.231 Gambling devices, real and personal property—Seizure and forfeiture.
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(1) The following are subject to seizure and forfeiture and no property right exists in them:(a) All gambling devices as defined in this chapter;(b) All furnishings, fixtures, equipment, and stock, including without limitation furnishings and fixtures adaptable to nongambling use…
RCW 9.46.235 Slot machines, antique—Defenses concerning—Presumption created.
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(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 wh…
RCW 9.46.240 Gambling information, transmitting or receiving.
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(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 informati…
RCW 9.46.250 Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.
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(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 …
RCW 9.46.260 Proof of possession as evidence of knowledge of its character.
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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 s 16; 1973 1st ex.s. c 218 s 26.]Notes…
RCW 9.46.270 Taxing authority, exclusive.
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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 organizati…
RCW 9.46.285 Licensing and regulation authority, exclusive.
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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 specifical…
RCW 9.46.291 State lottery exemption.
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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…
RCW 9.46.293 Fishing derbies exempted.
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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 s 1; 1975 1st ex.s. c 166 s 13.]Notes:Severability—1975 1st ex.s. c 166: See note following RCW 9.46.090.
RCW 9.46.295 Licenses, scope of authority—Exception.
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(1) Any license to engage in any of the gambling activities authorized by this chapter as now exists or as hereafter amended, and issued under the authority thereof shall be legal authority to engage in the gambling activities for which issued throughout the incorporated and unin…
RCW 9.46.300 Licenses and reports—Public inspection—Exceptions and requirements—Charges.
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All applications for licenses made to the commission, with the exception of any portions of the applications describing the arrest or conviction record of any person, and all reports required by the commission to be filed by its licensees on a periodic basis concerning the operat…
RCW 9.46.310 Licenses for manufacture, sale, distribution, or supply of gambling devices.
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No person shall manufacture, and no person shall sell, distribute, furnish or supply to any other person, any gambling device, including but not limited to punchboards and pull-tabs, in this state, or for use within this state, without first obtaining a license to do so from the …