4.50.010 Definitions.
(1) "Amusement games" means a game played for entertainment in which:
(a) The contestant actively participates;
(b) The outcome depends in a material degree upon the skill of the contestant;
(c) Only merchandise prizes are awarded;
(d) The outcome is not in the control of the operator;
(e) The wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and
(f) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner and at such locations as may be authorized by rules and regulations adopted by the state gambling commission pursuant to chapter 9.46 RCW.
Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all purposes under this chapter.
(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 in which no cards are sold except at the time and place of said game, when said game is conducted by a bona fide charitable or nonprofit organization which does not conduct or allow its premises to be used for conducting bingo on more than three occasions per week and which does not conduct bingo in any location which is used for conducting bingo on more than three occasions per week, or if an agricultural fair authorized under chapters 15.76 and 36.37 RCW, which does not conduct bingo on more than 12 consecutive days in any calendar year, and except in the case of any agricultural fair as authorized under chapters 15.76 and 36.37 RCW, no person other than a bona fide member or an employee of said organization takes any part in the management or operation of said game, and no person who takes any part in the management or operation of said game takes any part in the management or operation of any game conducted by any other organization or any other branch of the same organization and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting said game.
(3) "Bona fide charitable or nonprofit organization" means:
(a) Any organization duly existing under the provisions of chapters 24.14, 24.20 or 24.28 RCW, any agricultural fair authorized under the provisions of chapters 15.76 or 36.37 RCW, or any nonprofit corporation duly existing under the provisions of chapter 24.03 RCW for charitable, benevolent, eleemosynary, educational, civic, patriotic, political, social, fraternal, athletic or agricultural purposes only, or any nonprofit organization, whether incorporated or otherwise, when found by the state gambling commission to be organized and operating for one or more of the aforesaid purposes only, all of which in the opinion of the commission have been organized and are operated primarily for purposes other than the operation of gambling activities authorized under chapter 9.46 RCW; or
(b) Any corporation which has been incorporated under Title 36 USC and whose principal purposes are to furnish volunteers’ aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. The fact that contributions to an organization do not qualify for charitable contribution deduction purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, shall constitute prima facie evidence that the organization is not a bona fide charitable or nonprofit organization for the purposes of this section.
Any person, association or organization which pays its employees, including members, compensation other than is reasonable therefor under the local prevailing wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under chapter 9.46 RCW and shall not be a bona fide charitable or nonprofit organization for the purposes of said chapter.
(4) Commercial Stimulant. An activity is operated as a "commercial stimulant," only when it is an incidental activity operated in connection with, and incidental to, an established business, with the primary purpose of increasing the volume of sales of food or drink for consumption on that business premises, and as the corresponding definition of "commercial stimulant" is applied by the state gambling commission.
(5) "Fund-raising event" means a fund-raising event conducted during any three consecutive days 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 one calendar day by a bona fide charitable or nonprofit organization as defined in subsection (3) of this section other than any agricultural fair referred to thereunder, upon the authorization therefor by the state gambling commission which the legislature has authorized 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 wages 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 $5,000 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 service shall participate in the management or operation of the activities, and all income therefrom, after deducting the cost of prizes and other expenses, shall be devoted solely to the lawful purposes of the organization; and (d) such organization shall notify the Snohomish county sheriff’s department in writing, and not less than 10 days prior to each such activity, of the time and place where such activities shall be conducted.
(6) Gambling. A person engages in "gambling" if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include fishing derbies as defined by this chapter, pari-mutuel betting as authorized by chapter 67.16 RCW, bona fide business transactions valid under the law of contracts, including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee and life, health or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under RCW 9.46.020(13) shall not constitute gambling.
(7) Punch Boards or Pull-Tabs. "Punch boards" and pull-tabs" shall be given their usual and ordinary meaning as of July 16, 1973, except that such definition may be revised by the state gambling commission pursuant to the rules and regulations promulgated pursuant to chapter 9.46 RCW. In the event that such revision occurs, the new definition is hereby and herein incorporated by reference.
(8) "Raffles" means a game in which tickets bearing an individual number are sold for not more than $1.00 each and in which a prize or prizes are awarded on the basis of a drawing from said tickets by the person or persons conducting the game, when said game is conducted by a bona fide charitable or nonprofit organization, no person other than a bona fide member of said organization takes any part in the management or operation of said game, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting said game.
(9) "Social card games" means a card game, including but not limited to the game commonly known as "Mah Jongg," which constitutes gambling and contains each of the following characteristics:
(a) There are two or more participants and each of them are players; and
(b) A player’s success at winning money or other thing of value by overcoming chance is in the long run largely determined by the skill of the player; and
(c) No organization, corporation or person collects or obtains or charges any percentage of or collects or obtains any portion of the money or thing of value wagered or won by any of the players; PROVIDED, That this item (c) shall not preclude a player from collecting or obtaining his winnings; and
(d) No organization or corporation, or person collects or obtains any money or thing of value from, or charges or imposes any fee upon, any person which either enables him to play or results in or from his playing; PROVIDED, That this item (d) shall not apply to the membership fee in any bona fide charitable or nonprofit organization or to an admission fee allowed by the commission pursuant to RCW 9.46.070; and
(e) The type of card game is one specifically approved by the commission pursuant to RCW 9.46.070; and
(f) The extent of wagers, money or other thing of value which may be wagered or contributed by any player does not exceed the amount or value specified by the commission pursuant to RCW 9.46.070.
Should there arise or exist a conflict between definitions established in this section and definitions established under chapter 9.46 RCW, the latter shall govern. Should there arise a need to define further terms which are not specifically defined in this section, those definitions established by chapter 9.46 RCW shall be used and shall govern. (Added by Ord. 80-037, Sept. 15, 1980).