5.59.020 Definitions.
1. "Amusement games" means games 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 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, including the furnishing of equipment, and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting such game.
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 in which 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 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. "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 parimutuel betting as authorized by RCW 67.16, 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 for indemnity or guarantee and life, health or accident insurance.
4. "Gross revenue or income" is the total sum of money or value received from a particular gambling activity or business before any deductions on account of operational and maintenance expenses or any expense whatsoever, and without any deduction on account of losses.
5. "Qualified bona fide charitable or nonprofit organizations" shall be limited to the following organizations only, as provided by Section 2 (3), Chapter 218, Laws of Wash., 1st Ex. Sess., 1973:
a. Any organization duly existing under the provisions of RCW Chapter 24.12. That chapter deals only with certain leaders of a church or religious organization who, pursuant to the provisions of that chapter, have become a corporation sole;
b. Any organization duly existing under the provisions of RCW Chapter 24.20. That chapter deals with certain fraternal societies;
c. Any organization duly existing under the provisions of RCW Chapter 24.28. That chapter deals with granges;
d. Only those nonprofit corporations duly existing under the provisions of RCW Chapter 24.03, which are organized for one or more of the following purposes:
1. Charitable,
2. Benevolent,
3. Eleemosynary,
4. Educational,
5. Civic,
6. Patriotic,
7. Political,
8. Social,
9. Fraternal,
10. Athletic,
11. Agricultural.
Such organizations must be organized and operated primarily for purposes other than the operation of gambling activities to be eligible for a license to conduct any authorized gambling activity.
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 therefore under the local prevailing wage scale shall be deemed paying compensation based in part or whole upon receipts relating to gambling activities authorized under Laws of 1973, 1st Ex. Sess., Chapter 218, and this chapter and shall not be a bona fide charitable or nonprofit organization for purposes of this chapter.
6. "Raffle" means a game in which tickets bearing an individual number are sold for not more than one dollar each and in which a prize or prizes are awarded on the basis of 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 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.
7. "Whoever" and "person" 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 corporation or partnership, he is punishable for such violation as if it had been directly committed by him.
8. Those words not specifically defined herein shall take their usual or customary meanings or such definition as is provided in Laws of 1973, 1st Ex. Sess., Chapter 218. (Ord. M-1464 §2, 1974)