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HomeMy WebLinkAbout1665 OrdinanceORDINANCE NO, AN 'ORDINANCE R ELATINIGT'O' GAMBLING AND AMENDING CHAPTER 9..2.8 OF THE PASCQ ,M -UNI CIPAL CODE ENTITLED ''GAMBLING" .BY AMENDING SECTIONS' -9.28. 010•, 9..28. 020, 9-.28.030, ;9i 28,. 04.0 AND BY ADDING 9,.H. 050, 9. 29.060, 9. 28.: 070. BE IT ORDAINED BY THE CITY OF PASCO' as follows: Section 1, Chap ter• 9.. Z8 of the Pasco Municipal Code entitled "Gambling" i,sl hereby;amended by amending 9..2,8. 010 as follows; 9.28.01'.0., _'Definitions. For the purpose. of this chapter the following terms shall have the following mearii:ngs: (1) "Amusemert,gam;e" ;means a game ,played for entertainment in Which-,,-.. (a) The contestant, actively participates; (b;) 'The �outcorne depends in a.material. degree upon. the, skill. of the con'te'stant; (c) Only merchandise prizes are awarded; (d) The outcome is not in the: control of the operator,; (e) The wagers are placed, the winnersare determined, and a distribution of prizes or property is made in the .-presence of, 411 persons °placing wagers at such game; and " (f) ,. Said game is .conducted by a bona fide charitable or non -prof it.organization, no person other thari- a bona fide member of said. organization takes any part'in the management or operation of sa'i:d game, including the furnishing, of equipment, and no part of the' -p thereof inure to the benefit, of any person other than the organization conducting siicY game or said, game is conducted -as part of any agricultural ;fair, as authorized under Chapters 15. T6 and 36.37 RCW or said game is conducted as a part of and upon, the site of: (l) a, community-wMe civic festival held not more than once, annually and sponsored' or approved by the City of Pasco. _1 - (2) "Bingo" means a game. in which prizes are awarded on. the basis of designated numbers or symbols on a card conforming' to numbers; or symbols selected at, random and at, the time and place of said game, when said game is conducted by a bona fide 'charitable, or non-profit organization as defined in 9:..06. 010 0) which does not conduct or :allow ;t,s premises 'to be used for conducting bingo on -more than. three occasions per week, and: no person otther than a bona fide member or an employee of said organization takes any part in the management or operation of said ganie, an4-no per- son who takes part in ithe management or operation, of,, said game takes any` part in the management or operation, of any game conducted, by any other organ-ization or any other branch of the same organization and. no :part; 'of'the.. proceeds thereof 4 ure. to the benefit of any,Person other than the organization conducting said game. (3) '`!Bona Fide Charitable or Non -Profit Or-:gankzatioh" means any organization duly existing under the provisions Of Chapters 24.•. 12, 124. 20 or 24.28.R,CW, any agricultural fair authorized under the, provisions of Chapter 15. 76 or 36. 37 R,CW, or any non-profit corporation 'duly existing, under the provis,tons of Chapter 24. 03 RCW for charitable, benevolent, eleemosynary,, educational, civic, patriotic, political, social, fraternal, ;athletic or agricultural purposes only, or any non. -,profit organization, whet -her incorporated or otherwise., which has been found :by the Washington State Gambling Commission to be organized and operating for one or more of the aforesaid purposes only, or any corporation Which has 'be -en incorporated under Title 36 U.,S. C. and whose principal purposes are to furnish, volunteer aid to members of the armed forces of the Uri ted Stage's and also- to carry on a system of :national and international relief and to apply the same: in mitigating ':''. the sufferings causedby pestilence, famine, fire, floods, and other national calamities and to. devise and carry on measures for preventing the same, all meeting the 'requirements of, and, when, necessary, being licensed by the Washington State Gambling Commission. ,pursuant, to the provissons of the Laws of the State of Washington, Chapter 9.4.6 , R.CW. (4) "Contest of Chance" means any contest, game, gaming scheme,, or gaming device in which the out:come depends ,in a mater-ral degree upon an, element of chance, not withstanding that skill of the contestants may also b -e, a factor ther e in.. (5`) "Fishing Derby" means- a: fishing, contest, with. the payment or giving of an entry fee or other consideration by some or all of the contestants; Wherein the contestants conipete -2- with. each other for a prrz'e 'or priz:es., whether money, merchandise or other thing of value.; the prize or prizes is or are awarded, based upon the lawful catching of fish by any one or more .of the contestants; and. when such contest is conducted, by a bona fide charitable or non - prof it. onprofit. organization.. ('6) "Gamblingr' G_ambin"g Game=' or ''Gambling Activ'ty`.'`' A person. engage's in gambling, or a gambling game, or gambling activity, if he stakes or risks 'something of value upon the outcome of. a contest of chance: ora future contin- gent event not under his .control or influence, upon an .agree- meat or understanding ,that he or someone ,else will receive something: of value Ln.`the .event of a certain outcome-; Gambling .does not .include parimutuel betting as 'authoriz'ed by Chapter 67..16 of the.Reised Code of Washington, bona fide bus,in s;s transactions valid under the law of contracts, including., but not lim-ite.d'to,: contracts, for the purchase or sale at a future. date. <ofs,ecuritie's or commodities and. agreements to compensate for loss. caused, by he: happening of chance, including., but not limited' to, , contracts of indemnity or -guarantee and life„ health or accident .insiiranc,e. In add` ti6hp a contest, of chance which is specifically excluded from, the •definition of lottery under subsection (7) :of this section shall not constitute gambling,. (7) "Lott:exyJ -means a scheme for'the distribution of, money or property by chance, among persons Who have paid or agree to pay a valuable consideration for the chance. For the purpose' of this ordinance;, the following activities do nol constitute "valuable consider_at•ion" as an, element of a lottery:, (a) Listening to or watching a television or radio program or subscribing to a cable television service; (;b) Filling out -And-returning a; coupon or entry blank .0-t-facsim'ile whi`& is: received through the mail, or published in a bona, fide hews, -pa -per, or magazine, or in a program sold :in conjunction with and ata regularly scheduled. sporting event,, or the ,purchase of such a'news,paper, magazine, or program.. (c) Sending, a coupon or entry`blank:by-Uni`t,e,d States mail ,to a, designated' address, in connection with ,a promotion conducted in'this, City or state .not more than once 'a year over a period of not more. than 90 days.; (0). Visitation to any business establishment to obtain coupon and entry blank. (e) Mere registration, without purchase of goods or services; 3:- 71 (f) Expenditiire of tirrie, thought; attention and energy in perusing ,promotional material; (g) Placing or answering a'tel`ephone call in a prescribed. manner or otherwise making a prescribed response or answer;. or (fi) Fizriishing the container of any product as packaged by the manufacturer., or a particular, portion thereof but .only if furnishing a plain; "piece of paper or card with,'the name of the manufacturer or' product hand- written on it is acceptable in lieu thereof. Provided', that where any drawing is held.. by or- on behalf of City retail outlets in connection with business promotions. authorized under subsections (d) and (e) hereof, no such City retail outlet may conduct more than one such drawing, during each calendar year: and the period of the drawing ,and its promotion shall. not extend for ;more than seven consecu- tive days':; provided further, that if .the sponsoring organ- zation has more than one outlet in the City such drawings must be held in all such outlets at the same time except that a sponsoring organization with, more than one outlet may conduct a separate drawing in connection with the initial opening of any such outlet. (8) "Persson, " for the purpose, of this chapter and_ unless it otherwise clearly appears from the context in which it is used, means and includes natural persons of either sex,- associat-iohs, firms, copartnerships and corporations, whether acting "by :thernselves or by servants, agents, or employees and the singular number shall be construed to .include, the plural and the .masculine pronoun to include the fem=inine. (9) "Raffle";means a game in which tickets bearing an individual number are,sold for not more than one dollar each and in -which a pr'iz,e or prizes are awarded on the basis of a drawing from said ti,cke;,ts by, the person or persons conduct-ing the game.,: when said game is cohduct.ed by a 'bona "fide charitable or non=profit organization, no° person other than a bona fide member of said organization ;takes any part in the management ;or operation of said game, but no; part: of the proceeds thereof inure to: the `b.enefit of any person other thanJhe organization conducting said game.. Section, 2, Chapter 9. 218 of the Pasco Municipal .Code entitled "Gambling" is hereby-arnrended by amending 9:.28. 020 to,read as follows: 9. 28. 020 .Poss,essing or 'Permitting" Gambling Devices.. Except as to those activitiesauthorized in Section 9.28:..0 0 of this chapter-, it shall ;be unlawful for, any person t'o have in' his possession or to permit to be placed or kept in any building, -4- .room, or ;place- owned,, leased, occupied, or controlled by him in the City, any article, device:, or apparatus of any kind commonly used or operated for the losing` or winning of money or property, or both, upon• any chance, or uncertain or contingent' event including, but not l;im:teal to, those ,article's, devices, or apparatus defined by Chapter 9..46 R.CW. Section 3,. Chapter 9. 28 of the Pasco, Munic.ipalCode entitled ''G"ambling" is hereby amended by amending Section 9,.2-8.'030:°to read as follows: 9..28.:..03.0 _Permitted Activities: Notwithstanding the provisions of 'Section 9. 2.8.0 0 through- 9,-.2.8,,,0' ,.2 8, 0' 0:: (l) The City Council of the ,City of Pasco hereby authorizes bona fide charitable: and non-profit- organizations to conduct''b'ingo games, raffles'; amusement games„ fishing, derbies, when licensed., conducted or operated pursuant -to the laws of the State of Washington, RCW Chapter 9.46. (2) Bona fide charitable or bona fide non-profit, organizations orgari'ized primarily ,for ,purposes other than the conduct of raffles, are hereby authorized to. conduct raffles. without obtaining a licensee to do so from the Washington.:State Gambling Commission when such raffles are held in accord- ahce with all other requirements cifthe laws 'of. ;the State of Washington, Chapter "9.. 46 RCW, other applicable laws, and` rules of 'the,.Va'shin,gton State Gambling Commission;: when gross revenues from all such raffles held by the organ- _z;ation during the calendar year do not exceed $,5, 000. 0.0 and when tickets to such raffles are sold only to, and winners are determined only from, among, the regular Members of the or,gan�ization conducting the raffle; provided, that the term members for this purpose shall mean only those persons wh'ohave; begpmemembers 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. (3) The City -Council of the City of Pasco hereby authorizes the management' of. 'any ag-ricul:-tural.fair, as authorized under Chapters 15. 76 'and 36. 37 RCW to conduct amusement games when Ticense-d and operated :pursuant to the provision -s :of RCW Chapter:- 9.46 and rules and regulations adopted pursuant thereto as `well :as aauthori'zing said, amusement games as so icensed and operated to be conducted as a part of and upon the. site of: (a) A eomrnunty-wi de`: c°vie;fes"tival held not more :than e once 'annually and sponsored or approved ,by the City of Pasco. _ 5._ Provided, however, that in addition to the requ,'irements ,imposed by the laws of the State of Washington, .any bona fide charitable or ;non-profit organization desiring to operate or conduct a bingo. game, fishing derby, raffle, and/or amusement game shall register with the Finance Director of the City of Pasco, or his designee., on forms provided, ,not less than 10' days prior to the date upon which, such activity :shall take place; provided; further, in the case of b;ing,o; raffles, and,/or amusement games wherein the ,activities are scheduled to take place more, frequently than once ,every two months;, the person, association,,, or organization desiring to operate or conduct, such activities I hall register initially, and, such registration shall be; valid for -a period of one .yeas thereafter. Such registration 'shall be for the purpose of administering and :collecting the tax ,pr.ovided in this chapter, and shall be -of nb. ,charge; to the registrant; provided, however, that it shall be, unlawful for any person to conduct or operate bingo games, raffles, fishing derbies, and/or amusement games with -in the City of --Pasco without first registering as 'herein provided,, notwithstanding the fact that the person, association, or organization may otherwise ;be qualified. Registration as herein provided shall not relieve the registrant of any other obligation, requirement or responsi- bility regdir.ed by the 'laws, of the State of Washington and the ordinances of the City of Pasco, but shall be in addition thereto. Section 4. Chapter 9..28 of the Pasco: Municipal Qode' entitled "Gambling!" is hereby amended by;;Iamieidfingj.9:i28., 04.0=,to read as. follows: 9. 28. 0.40 Non-Per"m'i.tted Activities . All gambling activities not, herein specifically permitted are absolutely prohibited in the City of Pasco, including, but not limited to, dealing, playing or carrying- on or opening or causing to be opened or conducting, either as :owner or proprietor or- .emp16e:e,;, any pull -tab; punch board, faro montes roulette, poker,, brag,, bluff craps, fantan, banking:.or other game played with cards,, duce or any device whether the same be, played for money, checks, credits or any other r,epreslentatives ,of value.: ' Section 5'.- Chapter 9: 28 of the .Pasco Municipal :Code entified "Gambling" is hereby .amended by -adding 9., 28,. 0.50 as follows: 9..2,8_05,0 Tax Levied. (1) There is 'hereby levied a tax' at, the rate of _ on the gross revenue less ,the amount paid for or.; as prizes,. received- by any charitable or non profit organization, from oVerating or conducting bingo games-, raffles, fishing derbies -and/or amusement games:,within the City of Pasco, -6- (2). The tax for theprevious three-month period, or ,portion thereof, "shall be paid quarterly on or before the: Nth day of JJaritiary,- the 20,th day of April; the 2'0ih, day 'of Jul+y,;, " and the 2;0th day of October, at,. ;the office of the F.. nance Director; Pasco City'Hall; provided however, .that those persons conducting activities subject to taxation under this section- less frequently than once- every two, months shall pay the tax' for each taxable a=ctivity at the office .of the Finance Director,, Paseo City Hall, within 30 days following the date upon, which the activity was conducted; provided. ;further, that, each registrant shall maintain sufficient :accounting books and/or documentation to, aubstaritate the r'egLstrants re -venue, fromjbingo,. raffles, amuseitieri't games, and fishing derbies, which accounting: books. and/or documentation shall be made available to the City for inspection.=at reasonable time's andunder reasonable ci.r cumstance s . Section 6„ Chapter 9.28 of the Pasco Municipal Code entitled "G:ambling'h is hereby amended by adding'Section 9.28. 0'60' to read, as follows;- 9'.2;8.06:0 ollows: . 9.2!8.06:0 V olatioh - Penalties. It shall be unlawful for. any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be guilty of a misdemeanor,. and upon conviction shall be fined not more than $300 or ,im_prsoned for not more than 90 days, or by both, such fine, and imprisonment. Any corporation engaged in gambling activity in violation of this chapter shall be ,guilty of a misdemeanor and, upon. convict ion shall be fined not ;more than. $300,. 0.0. Section 7,, Chapter 9..18 of the Pasco Municipal. Code entitled "Garribling" is hereby amended by adding Section 9, 2'8. 070 to read as follows: 9. 28. 070' Severability: If any provision of this ordinance, or its application 'to :any person Or c rcu- s,,tance is held iri:valid, the remainder !of"the ordinance, -or- he appli,cat,i,on of the .provisions •to other persons 'or circ histan-ces is, not affected... Section. 8,, This ordinance shall be in full force and effect after its .passage -and ,publication =as required bylaw. 0 -7- 0 n PASSED; by' the City,Counclil.and APPROVED as provided by law, this day of 1.974.; Donald D. Linton., Mayor Attest.-. Evelyn Wells, '.Deputy"City Clerk Approved as t,o .form•: Patrick T,. Roach, City Attorney