Seattle Mun. Code § 12A.22.010 Definitions.
12A.22.010 - Definitions.
For purposes of Sections 12A.22.020 through 12A.22.070, the following terms shall have the following meanings:
A. 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 RCW Chapter 9.46, parimutuel betting as authorized by RCW Chapter 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 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 subsection (14) of RCW 9.46.020 shall not constitute gambling.
B. "Gambling information" means any wager made in the course of, and any information intended to be used for, professional gambling. In the application of this definition, information as to wagers, betting odds and changes in betting odds shall be presumed to be intended for use in professional gambling; provided, however, that this subsection shall not apply to newspapers of general circulation or commercial radio and television stations licensed by the Federal Communications Commission.
C. "Gambling record" means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.
D. "Player" means a natural person who engages, on equal terms with other participants, and solely as a contestant or bettor, in any form of gambling in which no person may receive or become entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of a particular gambling activity. A natural person who gambles at a social game of chance on equal terms with other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor, and supplying cards or other equipment used therein. A person who engages in "bookmaking" as defined in RCW 9.46.020(4) is not a "player."
E. A person is engaged in "professional gambling" when:
1. Acting other than as a player or in the manner set forth in RCW 9.46.030 as now or hereafter amended, he knowingly engages in conduct which materially aids any other form of gambling activity; or
2. Acting other than as a player, or in the manner set forth in RCW 9.46.030 as now or hereafter amended, he knowingly accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity;
3. He engages in bookmaking as defined in RCW 9.46.020(4);
4. He conducts a lottery as defined in RCW 9.46.020(14).
Conduct under subparagraph 1, except as exempted under RCW 9.46.030 as now or hereafter amended, includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person's knowledge for the purpose of conducting gambling activity other than gambling activities as set forth in RCW 9.46.030 as now or hereafter amended, and acting other than as a player, and said person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, he shall be considered as being engaged in professional gambling; provided, that the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the "prize fund" shall not be construed to be engaging in "professional gambling" within the meaning of this chapter: provided, further, that the books and records of the games shall be open to public inspection.
G. "Social card game" 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:
1. There are two (2) or more participants and each of them are players; and
2. 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
3. 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 subsection 3 shall not preclude a player from collecting or obtaining his winnings; and
4. 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 subsection 4 shall not apply to the membership fee in any bona fide charitable or nonprofit organization or to an admission fee allowed by the State Gambling Commission pursuant to RCW 9.46.070; and
5. The type of card game is one specifically approved by the State Gambling Commission pursuant to RCW 9.46.070; and
6. 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 State Gambling Commission pursuant to RCW 9.46.070.
(Ord. 115649, § 1, 1991; Ord. 107246 § 1(part), 1978: Ord. 102843 § 12A.36.050, 1973.)