SUMMARY    Export to PDF
   

WASHINGTON

1. Public Policy

    1. “The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.” See legislative declaration within Wash. Rev. Code § 9.46.010 (2006).
    2. The following is a brief summary of the remainder of the Legislature’s declaration:
      1. The legislature recognizes the relationship between professional gambling and organized crime.
      2. However, participating in such activities to raise money for charities or nonprofits is in the public interest and authorized.
        1. Bingo, raffles, amusement games, punchboards, pull-tabs, card games, and other social pastimes are authorized.
        2. Lotteries may be held if no valuable consideration is paid
      3. The following provisions relating to gambling have nothing to do with fishing derbies. Nor do these provisions apply to raffles authorized by the fish and wildlife commission (except for Wash. Rev. Code § 9.46.400). Wash. Rev. Code § 9.46.0253 (2006).

II. Definition of Gambling

    1. Gambling means:

      2. Staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Wash. Rev. Code § 9.46.0237 (2006).

    2. A thing of value is defined in Wash. Rev. Code § 946.0285 (2006) as the following:

      “[A]ny money or property, any token, object or article exchangeable for money or property, or any form of credit or promise, directly or indirectly, contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.”

    3. “Gambling does not includes the following:

      4. Fishing derbies . . . , pari-mutuel betting and handicapping contests . . . , 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 this chapter shall not constitute gambling.” Wash. Rev. Code § 9.46.0237 (2006).

    4. A contest of chance means:

      “[A]ny contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.” Wash. Rev. Code § 9.46.0225 (2006). This is reflective of the Material Element Test.

    5. There are three elements to gambling in Washington: prize, consideration and chance. D’Orio v. Jacobs, 151 Wash. 297 (1929).
    6. Prize can be great or small, it is immaterial. State v. Manolis, 127 Wash. 597 (1923).
    7. Player
      1. Wash. Rev. Code § 9.46.0265 (2006) defines player as “a natural person who engages, on equal terms with the 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.”
      2. A player can facilitate a game by inviting people to play, permitting the use of premises to play, or supplying cards or equipment to be used. Id.
      3. A bookmaker is not a player. Id.
      4. A person who pays a fee or "vigorish" enabling him or her to place a wager with a bookmaker, or pays a fee other than as authorized by this chapter to participate in a card game, contest of chance, lottery, or gambling activity, is not a player. Id.

III. Definition of Bookmaking

    1. Bookmaking means “accepting bets, upon the outcome of future contingent events, as a business or in which the bettor is charged a fee or ‘vigorish’ for the opportunity to place a bet.” Wash. Rev. Code § 9.46.0213 (2006).
    2. Bookmaking occurs when someone receives money from another to place a bet and does so according to the directions. State v. Green, 158 Wash. 574, (1930).
    3. An activity was found to be professional bookmaking instead of causal acceptance of bets where those involved held themselves open to accept bets from strangers, set the terms of the transaction, and were in possession of bookmaking items. State v. Postema, 46 Wash.App. 512 (1987). See also State v. Cross, 22 Wash.2d 402 (1945).

IV. Specific gaming device definitions

    1. Gambling device means:
      1. Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance. Wash. Rev. Code § 9.46.0241 (2006).
      2. Note, a pull-tab has to be made of paper. Op. Atty Gen. 1999, No. 7.
      3. Any device or mechanism that, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof. Wash. Rev. Code § 9.46.0241 (2006).
      4. Any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling. Wash. Rev. Code § 9.46.0241 (2006).
      5. Any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. Wash. Rev. Code § 9.46.0241 (2006).
    2. A note on the definition of a gambling device

      3. In Bullseye Distributing LLC v. State Gambling Com’n, 127 Wash.App. 231 (2005), the court stated that although not written in the disjunctive, penal code provision defining ‘gambling device,’ which device is subject to regulation by the Gambling Commission, unambiguously contains four separate definitions; different subsections of statute begin with similar phrases, such as ‘any device or mechanism’ or ‘any device’ or ‘any subassembly,’ language plainly referring to separate devices, each of which meets the remaining conditions of each subsection.

    3. Slot Machines
      1. A slot machine game was determined to be a gambling device because it gave out things of value. Bullseye Distributing LLC v. State Gambling Com’n, 127 Wash.App. 231 (2005).
      2. A mechanical device—even if it doesn’t work—designed to return a prize by chance when operated for a consideration is a gambling device. In re Destruction of One Gambling Device, 16 Wash.App. 859 (1977).
      3. Where a slot machine is adjusted to return 95% of the coins is a mechanical lottery. State ex rel. Evans v. Brotherhood of Friends, 41 Wash.2d 133 (1952).
      4. A slot machine that operates on nickels and gives out prizes from one cent and up is a gambling device. Dwyer & Co. v. City of Seattle, 116 Wash. 449 (1921).
      5. Even non-profit organizations have to register their slot machines. Failure to do so it a misdemeanor. Op. Atty. Gen. 1945-46, p. 1101.
    1. Pinball Machines

      2. Pinball machines are gambling devices where there is a payoff resulting from operation of machine. Brower v. Johnson, 56 Wash.2d 321 (1960).

    2. What is NOT a gambling device

      In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device. Wash. Rev. Code § 9.46.0253 (2006).

V. Bucket Shop Laws

  1. A bucket shop under Wash. Rev. Code § 9.47.080(2006) is:
    1. A shed, tent, tenement, booth, building, float or vessel, or any part thereof.
    2. Where contracts are made respecting the purchase or sale upon margin or credit of commodities, securities, or property, or option for the purchase thereof.
    3. Where the parties intend that the contract will be terminated, closed and settled either:
      1. Upon the basis of the market prices.
      2. When the market prices reach a certain figure.
      3. On the basis of the difference in the market prices at which they are bought or sold.
  2. A brokerage firm was guilty of running a bucket shop because it bought and sold stocks and bonds on margins and credits without intending to get the property. Also the transactions were closed upon the basis of market prices. Glasgow v. Nicholls, 124 Wash. 281 (1923).
  3. Contracts that are bucket shop transactions are illegal. Glasgow v. Nicholls, 124 Wash. 281 (1923).

VI. Prohibition of Games of Skill

    1. Poker / Card Games

      1. Illegal card games may occur if the group organizing the game is not a charitable or nonprofit organization, the money charged the players was not collected in advance, and the entity running the game is not an established business whose primary purpose is the sale of food and beverages. See State v. Forbes, 43 Wash.App. 793 (1986).
    2. Games using Dice

      3. See social gambling

    3. Billiards

      Where two people bet on the outcome of a pool game it is illegal gambling. Dodd v. Gregory, 34 Wash.App. 638 (1983).

    4. Bowling

      5. The legislature hereby authorizes bowling establishments to conduct, without the necessity of obtaining a permit or license to do so, as a commercial stimulant, a bowling activity which permits bowlers to purchase tickets from the establishment for a predetermined and posted amount of money, which tickets are then selected by the luck of the draw and the holder of the matching ticket so drawn has an opportunity to bowl a strike and if successful receives a predetermined and posted monetary prize: PROVIDED, that all sums collected by the establishment from the sale of tickets shall be returned to purchasers of tickets and no part of the proceeds shall inure to any person other than the participants winning in the game or a recognized charity. The tickets shall be sold, and accounted for, separately from all other sales of the establishment. The price of any single ticket shall not exceed one dollar. Accounting records shall be available for inspection during business hours by any person purchasing a chance thereon, by the commission or its representatives, or by any law enforcement agency. Wash. Rev. Code § 9.46.0345 (2006).

    5. Darts

      Throwing darts at a target is arguably a game of skill. Op. Atty Gen. 1971 No. 21.

VII. Professional Gambling (aka. Illegal gambling)

  1. Professional gambling occurs under Wash. Rev. Code § 9.46.0269 (2006) when one any one of the following situations arises:
    1. A person aids in any gambling activity in a manner not authorized by the statute.
    2. The person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity—outside the authorization of the statute.
    3. Acting other than as a player or in the manner authorized by this chapter, the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity.
      1. The person engages in bookmaking; or
      2. The person conducts a lottery; or
      3. The person violates Wash. Rev. Code § 9.46.039.
  2. Various forms of professional gambling

    Professional gambling takes many forms including creation or establishment of the particular game, contest, scheme, device or activity involved; acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefore; solicitation or inducement of persons to participate therein; actual conduct of the playing phases thereof; arrangement of any of its financial or recording phases; or any other phase of its operation. It also includes permitting the use of premises and making no effort to prevent the gambling scheme. Wash. Rev. Code § 9.46.0269 (2006).

  3. A person does not have to be a player in a game to be prosecuted for gambling. State v. Smiley, 167 Wash. 342 (1932).
  4. Soliciting players to gamble simply by having a table with money on it is not enough to constitute facilitating a game. State v. Awde, 154 Wash. 463 (1929).

VIII. Express Exemptions

  1. Legal Gambling by license

    Wash. Rev. Code § 9.46.295 (2006) states that a license permits gambling. However, if a city or county absolutely prohibits gambling the license is no good there, but may not merely alter the scope of the license.

  2. Licenses are given by the Washington state gambling commission, which was established under Wash. Rev. Code § 9.46.040. Wash. Rev. Code § 9.46.0221 (2006).
  3. Social Gaming
    1. “The legislature hereby authorizes any person, association or organization operating an established business primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games and to utilize punch boards and pull-tabs as a commercial stimulant to such business when licensed and utilized or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto.” Wash. Rev. Code § 9.46.0325 (2006).
    2. “The legislature hereby authorizes any bona fide charitable or nonprofit organization which is licensed pursuant to Wash. Rev. Code § 66.24.400, and its officers and employees, to allow the use of the premises, furnishings, and other facilities not gambling devices of such organization by members of the organization, and members of a chapter or unit organized under the same state, regional, or national charter or constitution, who engage as players in the following types of gambling activities only:
      1. Social card games; and
      2. Social dice games, which shall be limited to contests of chance, the outcome of which are determined by one or more rolls of dice.” Wash. Rev. Code § 9.46.0351 (2006).
    3. The charitable or nonprofit organization is not required to be licensed by the commission as long as:
      1. “No organization, corporation, or person shall collect or obtain or charge any percentage of or shall collect or obtain any portion of the money or thing of value wagered or won by any of the players, but a player may collect his or her winnings; and
      2. No organization, corporation, or person shall collect or obtain any money or thing of value from, or charge or impose any fee upon, any person which either enables him or her to play or results in or from his or her playing: PROVIDED, That this subsection shall not preclude collection of a membership fee which is unrelated to participation in gambling activities authorized under this section.” Wash. Rev. Code § 9.46.0351 (2006).
    4. Social card game
      1. A card game that is gambling and is legal under Wash. Rev. Code § 9.46.070 (2006). Such games include house-banked or player-funded banked card games.
      2. Only the participants of the card game can have an interest in the proceeds of the card game.
      3. There have to be two or more participants in the card game who are licensed by the commission.
      4. The game has to abide by Wash. Rev. Code §9.46.070 (2006).
      5. The number of tables will be determined by the commission but cannot exceed 15 per establishment. Wash. Rev. Code § 9.46.0282 (2006).
      6. The rules and regulations are in Wash. Rev. Code § 230-40-010 (2006).
      7. A city can ban social card games. Edmonds Shopping Center Associates v. City of Edmonds, 117 Wash.App. 344 (2003).
    5. Wash. Rev. Code § 9.46.0325 authorizes anyone operating an established business primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games and to utilize punch boards and pull-tabs as a commercial stimulant to such business when licensed and utilized or operated pursuant to the gambling laws.
  4. Charity Gaming
    1. Wash. Rev. Code § 9.46.0209 (2006) defines Charitable or nonprofit organization as:
      1. Any organization duly existing under the provisions of chapter 24.12, 24.20, or 24.28 of the Wash. Rev. Code, any agricultural fair authorized under the provisions of chapters 15.76 or 36.37 of the Wash. Rev. Code, or any nonprofit corporation duly existing under the provisions of chapter 24.03 of the Wash. Rev. Code 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 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 this chapter; or
      2. Any corporation which has been incorporated under Title 36 U.S.C. and whose principal purposes are to furnish volunteer 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 catastrophic events. Such an organization must have been organized and continuously operating for at least twelve calendar months immediately preceding making application for any license to operate a gambling activity, or the operation of any gambling activity authorized by this chapter for which no license is required. It must have no less than fifteen bona fide active members each with the right to an equal vote in the election of the officers, or board members, if any, who determine the policies of the organization in order to receive a gambling license. An organization must demonstrate to the commission that it has made significant progress toward the accomplishment of the purposes of the organization during the twelve consecutive month period preceding the date of application for a license or license renewal. 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.
      3. 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 this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter.
      4. It can also include a credit union organized and operating under state or federal law. All revenue less prizes and expenses received from raffles conducted by credit unions must be devoted to purposes authorized under this section for charitable and nonprofit organizations.
  5. Authorized activities of Charitable Organization
    1. bingo games,
    2. raffles,
    3. amusement games,
    4. and fund raising events,
    5. and to utilize punch boards and
    6. pull-tabs and to allow their premises and facilities to be used by only members, their guests, and members of a chapter or unit organized under the same state, regional, or national charter or constitution,
    7. to play social card games authorized by the commission, when licensed, conducted or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto. Wash. Rev. Code § 9.36.0311 (2006).
  6. Fund Raising
    1. A fund raising event is:
      1. an event conducted during any seventy-two consecutive hours but exceeding twenty-four consecutive hours and not more than once in any calendar year
      2. or an event conducted not more than twice each calendar year for not more than twenty-four consecutive hours each time
      3. by a bona fide charitable or nonprofit organization other than any agricultural fair
      4. upon authorization therefor by the commission, which the legislature hereby authorizes to issue a license therefor, with or without fee, permitting the following activities, or any of them, during such event:
        1. Bingo, amusement games, contests of chance, lotteries, and raffles.
    2. However:
      1. Gross wagers and bets or revenue generated from participants, minus the amount of winnings paid, equipment, services, or purchase of prizes will not exceed ten thousand dollars a year;
      2. 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;
      3. only bona fide members of the organization who are not paid for such service or persons licensed or approved by the commission shall participate in the management or operation of the activities, and all income after expenses goes solely to the organization; and
      4. the organization must tell the local law enforcement of the time and place of the fundraiser.
    3. All wagers must be made with scrip or chips having no cash value. At the end of the event, participants may be given the opportunity to purchase or otherwise redeem their scrip or chips for merchandise prizes.
    4. Multiple charitable or nonprofit organizations can join together to conduct a fund raising event if:
      1. They get permission from the commission
      2. The method of dividing the income and expenditures and the method of recording and handling of funds are disclosed to the commission in the application for approval of the joint fund raising event and are approved by the commission.
      3. No more than 10,000 can be wagered after the cost of the event has been deducted for the total days that the event is held.
    5. A charitable organization cannot conduct a fund-raising event without obtaining a license. Op.Atty.Gen.1978, No. 9.
  7. Raffle
    1. Wash. Rev. Code § 9.46.0277 (2006) defines a raffle as:
      1. a game in which tickets bearing an individual number are sold for not more than twenty-five dollars each
      2. and in which a prize or prizes are awarded on the basis of a drawing from the tickets by the person or persons conducting the game,
      3. when the game is conducted by a bona fide charitable or nonprofit organization, no person other than a bona fide member of the organization takes any part in the management or operation of the game,
      4. and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting the game.
    2. No license is needed for a raffle when:
      1. if conducted by a charitable organization or nonprofit organization that is not in business primarily to conduct raffles;
      2. if the raffles are in accordance with the other gambling laws,
      3. if the gross revenues from all such raffles held by the organization during the calendar year do not exceed five thousand dollars,
      4. and if tickets to such raffles are sold only to, and winners are determined only from among, the regular members of the organization conducting the raffle.
      5. The organization may provide unopened containers of beverages containing alcohol as raffle prizes if the appropriate permit has been obtained from the liquor control board.
      6. The term members for this purpose shall mean only those persons who have become members 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. Wash. Rev. Code § 9.46.0315 (2006).
    3. Bingo and amusement games have a similar provision. Wash. Rev. Code § 9.46.0321 (2006).

    “Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than the conduct of such activities are hereby authorized to conduct bingo, raffles, and amusement games, without obtaining a license to do so from the commission but only when:

      1. Such activities are held in accordance with all other requirements of this chapter, other applicable laws, and rules of the commission;
      2. Said activities are, alone or in any combination, conducted no more than twice each calendar year and over a period of no more than twelve consecutive days each time, notwithstanding the limitations of Wash. Rev. Code § 9.46.0205: PROVIDED, That a raffle conducted under this subsection may be conducted for a period longer than twelve days;
      3. Only bona fide members of that organization, who are not paid for such services, participate in the management or operation of the activities;
      4. Gross revenues to the organization from all the activities together do not exceed five thousand dollars during any calendar year;
      5. All revenue therefrom, after deducting the cost of prizes and other expenses of the activity, is devoted solely to the purposes for which the organization qualifies as a bona fide charitable or nonprofit organization;
      6. The organization gives notice at least five days in advance of the conduct of any of the activities to the local police agency of the jurisdiction within which the activities are to be conducted of the organization's intent to conduct the activities, the location of the activities, and the date or dates they will be conducted; and
      7. The organization conducting the activities maintains records for a period of one year from the date of the event which accurately show at a minimum the gross revenue from each activity, details of the expenses of conducting the activities, and details of the uses to which the gross revenue therefrom is put.
  8. Chucky Cheese Exemptions

    Wash. Rev. Code § 9.46.0201 (2006) defines Amusement Game as “a game played for entertainment in which:

    1. The contestant actively participates;
    2. The outcome depends in a material degree upon the skill of the contestant;
    3. Only merchandise prizes are awarded;
    4. The outcome is not in the control of the operator;
    5. 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
    6. 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 commission pursuant to this chapter as now or hereafter amended.
    7. Cake walks as commonly known and fishponds as commonly known shall be treated as amusement games for all purposes under this chapter.
  9. Commercial Gaming
    1. A business can hold a promotional contest of chance where the elements of prize and chance are present, but no consideration is given. This is not considered gambling. Wash. Rev. Code § 9.46.0356 (2006).
    2. They can only be held to advertise or promote the services, goods, wares, and merchandise of a business. Wash. Rev. Code § 9.46.0356 (2006).
    3. No person is required to:
      1. Pay consideration to participate in the contest
      2. Make a purchase to participate in the contest. But the promoter can give additional opportunities to participate to those who do make a purchase. Wash. Rev. Code § 9.46.0356 (2006).
    4. “Such things as visiting a business location, placing or answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.” Wash. Rev. Code § 9.46.0356 (2006).
    5. “Coupons or entry blanks obtained by purchase of a bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not consideration. Wash. Rev. Code § 9.46.0356 (2006).
    6. Gambling devices or equipment cannot be used to conduct the contest. Wash. Rev. Code § 9.46.0356 (2006)
  10. Lottery
    1. A lottery is legal when it is performed under Wash. Rev. Code § 67.70. Wash. Rev. Code § 9.46.291 (2006).
    2. A lottery is a “scheme for the distribution of money or property by chance, among persons who have paid or agreed to pay a valuable consideration for the chance.” Wash. Rev. Code § 9.46.0257 (2006).
      Scheme means one or more people. Sherwood & Roberts-Yakima, Inc., v. Leach, 67 Wash.2d 630 (1965).
    3. Things which count as a lottery
      1. Game of quarters (where participant places a bet on whether the second quarter in a stack will be heads or tails) is a lottery. State v. Langford, 29 Wash. App. 455 (1980).
      2. If stores give tickets to customers upon purchase and the amount of the ticket depends on the amount of purchase is unlawful as a lottery. Op.Atty.Gen. 1953-55 No. 264. [available in the annotated statutes]
      3. Giving customers a chance to win a car with the purchase of groceries is a lottery. Op.Atty.Gen.1915-16. [available in the annotated statutes.]
    4. Elements of a Lottery
      1. Consideration, prize and chance. D’Orio v. Jacobs, 151 Wash. 297 (1929).
      2. In State v. Danz, 140 Wash. 546 (1926) the court explained that prize could be money or property, and that consideration had to be valuable and paid to get a chance to win the prize.
    5. Chance must be measured qualitatively—it must be an integral part, which influences the result. See Seattle Times Co. v. Tielsch, 80 Wash.2d 502 (1972); Sherwood & Roberts-Yakima, Inc., v. Leach, 67 Wash.2d 630 (1965).
    6. Consideration must move from the participant to the promoter. Consideration is present when the participant does something that they would not otherwise do for a chance to play the game or scheme. A participant’s opinion that he did not give anything of value is not determinative. See Seattle Times Co. v. Tielsch, 80 Wash.2d 502 (1972).
    7. Consideration exists if the promoter receives the good will of the public, the reading of its advertisements, at least one visit to the premises to win a prize, and the promoter’s sales increase. State ex rel. Schillberg v. Safeway Stores, Inc., 75 Wash.2d 339 (1969).
    8. It is not a lottery when the general public is invited to submit their name and address—without cost or condition—for the chance to win a prize. Op.Atty.Gen. 1955-57, No.22. [available in the annotated statutes.]
    9. It is still a lottery if lottery tickets are sold in Washington, but drawn in another state. State v. Wong Took, 147 Wash. 190 (1928).
    10. A game of skill is not a lottery. D’Orio v. Jacobs, 151 Wash. 297 (1929).
    11. A lottery by any other name is still a lottery. State v. Danz, 140 Wash. 546 (1926).
  11. Bingo
    1. Wash. Rev. Code § 9.46.0205 (2006) defines Bingo as:
      1. a game conducted only in the county within which the organization is principally located in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random,
      2. and in which no cards are sold except at the time and place of said game,
      3. when said game is conducted by a bona fide charitable or nonprofit organization, or if an agricultural fair authorized under Wash. Rev. Code chapters 15.76 and 36.37, which does not conduct bingo on more than twelve consecutive days in any calendar year, and except in the case of any agricultural fair as authorized under Wash. Rev. Code chapters 15.76 and 36.37,
      4. 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,
      5. 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, unless approved by the commission,
      6. and no part of the proceeds thereof inure to the benefit of any person other than the organization conducting said game. Wash. Rev. Code § 9.46.0205
    2. Op.Atty.Gen.1969, No. 9. [which can be found in the annotated statute Wash. Rev. Code § 9.46.0205] states that it is no defense that a charitable organization conducts a bingo game if they are not in accordance with the statute.
  12. Amusement Games: Wash. Rev. Code § 9.46.0331 (2006).
    1. It is lawful to conduct an amusement game when licensed by the commission.
    2. Amusement games can only be conducted as part of an agricultural fair, a civic center of a county, city, or town, a world's fair or similar exposition that is approved by the bureau of international expositions at Paris, France, a community-wide civic festival held not more than once annually and sponsored or approved by the city, town, or county in which it is held, a commercial exposition organized and sponsored by an organization or association representing the retail sales and service operators conducting business in a shopping center or other commercial area developed and operated for retail sales and service, but only upon a parking lot or similar area located in said shopping center or commercial area for a period of no more than seventeen consecutive days by any licensee during any calendar year, an amusement park, within a regional shopping center, a location that possesses a valid license from the Washington state liquor [control] board and prohibits minors on their premises, movie theaters, bowling alleys, miniature golf course facilities, and amusement centers, any business whose primary activity is to provide food service for on premises consumption and who offers family entertainment which includes at least three of the following activities: Amusement devices; theatrical productions; mechanical rides; motion pictures; and slide show presentations
      1. An amusement park is a group of activities, at a permanent location, to which people go to be entertained through a combination of various mechanical or aquatic rides, theatrical productions, motion picture, and/or slide show presentations with food and drink service. The amusement park must include at least five different mechanical, or aquatic rides, three additional activities, and the gross receipts must be primarily from these amusement activities.<
      2. A regional shopping center is a shopping center developed and operated for retail sales and service by retail sales and service operators and consisting of more than six hundred thousand gross square feet not including parking areas. Amusement games conducted as a part of, and upon the site of, a regional shopping center shall not be subject to the prohibition on revenue sharing set forth in Wash. Rev. Code § 9.46.120(2)
      3. An amusement center is a permanent location whose primary source of income is from the operation of ten or more amusement devices.
    3. The location has to conform to local zoning, fire, health, and similar regulations.
    4. Amusement games can only be conducted with permission of the owner of the premises and from the sponsors of the event.
    5. There must be adult supervision at the location at all times that the location is open for business
    6. School aged children may not play licensed games during school hours or after 10 p.m.
  13. Horseracing
    1. Horseracing is permitted under Wash. Rev. Code § 67.16.010 (2006). The pari-mutuel method is the only acceptable one. Wash. Rev. Code § 67.16.060 (2006).
  14. Other Pari-mutuel (Dog Racing)
    1. Greyhound racing is prohibited in conjunction with gambling purposes. Violation of this is a class B felony (Wash. Rev. Code § 9.46.220), professional gambling in the first degree, and is subject to penalty under Wash. Rev. Code § 9A.20.021. Wash. Rev. Code § 9.46.039 (2006).
    2. Sports pools are authorized under Wash. Rev. Code § 9.46.0335 (2006).
    3. Golfing sweepstakes are authorized under Wash. Rev. Code § 9.46.0341 (2006).
    4. Bowling sweepstakes are authorized under Wash. Rev. Code § 9.46.0345 (2006).
    5. Turkey shoots are authorized under Wash. Rev. Code § 9.46.0361 (2006).

IX. Specific Internet Prohibition

There is no mention of specific internet prohibitions in Washington statutes, case laws, or attorney general opinions.

X. Statute of Anne / Recovery of Debts

    1. Wash. Rev. Code § 9.46.200 (2006) states that any person or entity is liable for money damages suffered by any person because of a violation of the gambling laws. This includes 6% interest per annum from the date of loss, and reasonable attorneys’ fees.
    2. However, if a person or entity did not know that it was in violation and took reasonable care to prevent a violation and can show this by a preponderance of the evidence then it is not liable. Wash. Rev. Code § 9.46.200 (2006)
    3. Complaints can be brought as a class action. Wash. Rev. Code § 9.46.200 (2006)
    4. Where people engage in illegal gambling, the court will not enforce a gambling debt. Dodd v. Gregory, 34 Wash.App. 638 (1983).

XI. Lawful Commercial Casino Gaming

    1. Indian Tribes can conduct class III gaming under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701.

XII. Gaming Crimes and Penalties

      1. Gambling premises

      "Gambling premises," as used in this chapter, means any building, room, enclosure, vehicle, vessel or other place used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found shall be presumed to be intended to be used for professional gambling. Wash. Rev. Code § 9.46.0249 (2006).

      1. Gambling record

        "Gambling record," as used in this chapter, means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling. Wash. Rev. Code § 9.46.0253 (2006).

      2. Revocation of license
        1. Wash. Rev. Code § 9.46.075 (2006) provides for the denial, suspension, or revocation of licenses or permits.
        2. The commission can deny, suspend, or revoke a license or permit or any reason that it deems to be in the public interest, including:
          1. Violation, failure or refusal to comply with Wash. Rev. Code chapter 9.46;
          2. Or when a violation of any provision of Wash. Rev. Code chapter 9.46, occurs upon the premises occupied or operated by any such person or over which he or she has substantial control; or
          3. When one knowingly causes, aids, abets, or conspires with another to cause, any person to violate any of the laws of this state or the rules of the commission; or
          4. When one has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake; or
          5. When on has been convicted of, or forfeited bond upon a charge of, or pleaded guilty to, forgery, larceny, extortion, conspiracy to defraud, willful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses, or of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States, or of any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude; or
          6. When one denies the commission or its authorized representatives access to any place where a licensed activity is conducted or who fails promptly to produce for inspection or audit any book, record, document or item required by law or commission rule; or
          7. When one fails to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity; or
          8. When one makes a misrepresentation of, or fails to disclose, a material fact to the commission; or<
          9. When one fails to prove, by clear and convincing evidence, that he, she or it is qualified in accordance with the provisions of this chapter; or
          10. When one is subject to current prosecution or pending charges, or a conviction which is under appeal, for any of the offenses included in this section:

          PROVIDED, That at the request of an applicant for an original license, the commission may defer decision upon the application during the tendency of such prosecution or appeal; or

          1. When one has pursued or is pursuing economic gain in an occupational manner or context which is in violation of the criminal or civil public policy of this state if such pursuit creates probable cause to believe that the participation of such person in gambling or related activities would be inimical to the proper operation of an authorized gambling or related activity in this state. For the purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management or execution of an activity for financial gain; or
          2. When one is a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates probable cause to believe that the association is of such a nature as to be inimical to the policy of this chapter or to the proper operation of the authorized gambling or related activities in this state. For the purposes of this section, career offender shall be defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations of the public policy of this state. A career offender cartel shall be defined as any group of persons who operate together as career offenders.
      3. Conducting Gambling without a license
        1. Wash. Rev. Code § 9.46.160 (2006) states that conducing gambling without a license where it is required is a class B felony.
        2. A corporation that conducts such activities without a license may have to forfeit its corporate charter as an additional penalty. Wash. Rev. Code § 9.46.160 (2006).
      4. Giving False or misleading statements or refusing to produce records

        5. Wash. Rev. Code § 9.46.170 (2006) states that making false or misleading statements to the commission, allowing one to be made, or refusing to produce records is a gross misdemeanor and subject to penalty under Wash. Rev. Code § 9A.20.021 (2006).

      5. Causing a person to Violate the Gambling Laws
        1. Wash. Rev. Code § 9.46.180 states that causing, aiding, abetting, or conspiring with another to violate the gambling laws is a class B felony and subject to penalty under Wash. Rev. Code § 9A.20.021 (2006).
        2. The same conduct in regards to a rule or regulation is a gross misdemeanor and subject to the penalty in Wash. Rev. Code § 9A.20.021 (2006).
      6. Fraud or Deceit

        7. Wash. Rev. Code §9.46.190 (2006) states that any person, association, or organization operating a gambling activity that does any of the following is guilty of a gross misdemeanor subject to the penalty set forth in Wash. Rev. Code § 9A.20.021:

          1. Employ any device, scheme, or artifice to defraud; or
          2. Make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made not misleading, in the light of the circumstances under which said statement is made; or
          3. Engage in any act, practice or course of operation as would operate as a fraud or deceit upon any person.
      7. Cheating
        1. Cheating means
          1. to employer or attempt to employ any device, scheme, or artifice to defraud any other participant or any operator;
          2. to engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any other participant or any operator;
          3. to engage in any act, practice, or course of operation while participating in a gambling activity with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or
          4. to cause, aid, abet, or conspire with another person to cause any other person to violate (1) through (3). Wash. Rev. Code § 9.46.196 (2006).
        2. A person is guilty of cheating in the first degree if:
          1. he or she engages in cheating, and
          2. knowingly causes, aids, abets, or conspires with another to engage in cheating; or
          3. holds a license or similar permit issued by the state of Washington to conduct, manage, or act as an employee in an authorized gambling activity. Wash. Rev. Code § 9.46.1961.
          4. Cheating in the first degree is a class C felony subject to the penalty set forth in Washington Statute. 9A.20.021. In addition to any other penalties imposed by law for a conviction of a violation of this section the court may impose an additional penalty of up to twenty thousand dollars. Wash. Rev. Code § 9.46.1961 (2006).
      8. Working in a gambling activity without a license: Wash. Rev. Code § 9.46.198 (2006).

        9. Any person who works as an employee or agent or in a similar capacity for another person in connection with the operation of an activity for which a license is required but not obtained, shall be guilty of a gross misdemeanor and shall, upon conviction, be punished by not more than one year in the county jail or a fine of not more than five thousand dollars, or both.

      9. Ownership or interest in a gambling device: Wash. Rev. Code § 9.46.215 (2006).
        1. One who owns, manufactures, possesses, buys, sells, rents, leases, finances, holds a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a class C felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both.
        2. Unless authorized to do so by the commission.
      10. Gambling records: Wash. Rev. Code § 9.46.217 (2006).
        1. Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or buys, sells, offers, or solicits any interest therein, whether through an agent or employee or otherwise, is guilty of a gross misdemeanor.
        2. Unless the records are kept for authorized activities.
      11. Professional Gambling in the First Degree: Wash. Rev. Code § 9.46.220 (2006).
        1. This is a class B felony subject to the penalty set forth in Wash. Rev. Code § 9A.20.021.
        2. A person is guilty of this crime if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling.
        3. And acts in concert with or conspires with 5 or more people, or
        4. Accepts wagers of more than 5 thousand dollars in 30 days on future contingent events, or
        5. The person works for an operation that accepts that amount in wagers, or
        6. Operates, manages, or profits from the operation of a place where people are charged to participate in card games, lotteries, or other gambling activities no authorized by the gambling laws.
      12. Professional Gambling in the Second Degree: Wash. Rev. Code § 9.46.221 (2006).
        1. This is a class C felony subject to the penalty set forth in Wash. Rev. Code § 9A.20.021.
        2. A person is guilty of this crime if he or she engages in or knowingly causes, aids, abets, or conspires with another to engage in professional gambling.
        3. And acts in concert with or conspires with less than five people, or
        4. Accepts wagers of more than 2 thousand dollars in 30 days on future contingent events, or
        5. The person works for an operation that accepts that amount in wagers, or
        6. Maintains gambling premises
        7. Or maintains gambling records
      13. Professional Gambling in the Third Degree: Wash. Rev. Code § 9.46.222 (2006).
        1. This is a gross misdemeanor subject to the penalty established in RCW 9A.20.021.
        2. A person is guilty of this crime if he or she engages in, or knowingly causes, aids, abets, or conspires with another to engage in professional gambling.
        3. And his or her conduct does not constitute first or second degree professional gambling,
        4. he or she operates any of the unlicensed gambling activities authorized by this chapter in a manner other than as prescribed by this chapter; or
        5. he or she is directly employed in but not managing or directing any gambling operation.
      14. Gambling devices are subject to forfeiture under Wash. Rev. Code § 9.46.231 (2006).

        15. Unless it is an antique slot machine as defined by Wash. Rev. Code § 9.46.235

      15. Gambling property or premises illegally used is subject to abatement under Wash. Rev. Code § 9.46.250 (2006).
      16. A person using public assistance to participate in any authorized activities will be reported to the department of social health and services. Wash. Rev. Code § 9.46.410 (2006).
      17. Maintaining a bucket shop is a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years. Wash. Rev. Code § 9.47.090 (2006).
      18. Bunco steering: Wash. Rev. Code § 9.47.120 (2006).

        Every person who shall entice, or induce another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice or device, is being conducted or operated; or while in such place shall entice or induce another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight of hand performance, fraud or fraudulent scheme, cards, dice, or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.