|
Local Issues - Relevant Laws & Rules
RCW 9.46.285: State Preemption.
- The Gambling Commission is the exclusive authority for the licensing & regulation of gambling activities in Washington
- Preempts any city or county ordinances that were in effect as of September 27, 1973
- Cities and counties can only pass ordinances that are consistent with the Gambling Act and Commission rules
RCW 9.46.295: Local Option to Prohibit Gambling Activities.
- Cities and Counties may prohibit any or all gambling activities, but may not change the scope of activities allowed by a gambling license
- 46 jurisdictions prohibit card rooms (See attached); many bans have been in place for years, but 23 have occurred in the last two years
- Authority to issue moratoriums on additional card rooms, but allow current card rooms isn’t clear; 2 cities have done this
- Authority to zone card rooms in certain areas and allow current card rooms to stay indefinitely is also unclear
RCW 9.46.110: Cities and Counties May Tax Gambling Activities.
- State does not collect gambling taxes
- Card Rooms: Up to 20% of the gross revenue from the games ("gross receipts" are defined as the gross wagers received by the licensee, minus the amount paid out as prizes).
RCW 9.46.113: How Cities May Use Gambling Taxes.
- Law states locals must use taxes "primarily" for enforcing the Gambling Act
- Case interpreted what "primarily" means - Held the first use of the taxes must be gambling enforcement; no restrictions on the remainder — See American Legion Post #32 v. City of Walla Walla, 116 Wn.2d 802 (1991)
Source: Washington State Gambling Commission
649 Woodland Square Loop SE, Lacey, WA 98503
P.O. Box 42400, Olympia, WA 98504-2400
|
