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HomeMy WebLinkAbout3728 AN ORDINANCE adopting those sections of the 1973 Gambling Act, which set forth violations of said Act, which constitute a misdemeanor or gross misdemeanor. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1 - ADOPTION OF GAMBLING COMMISSION RULES The Washington Administrative Code 230 1981 Revised Version adopted by the Washington Gambling Commission is adopted by this reference pursuant to the provisions of RCW 9.46.192. SECTION 2 - CAUSING PERSON TO VIOLATE RULE OR REGULATION AS VIOLATION - PENALTY Any person who knowingly causes, aides, abets or conspires with another to cause any person to violate any. rule or regulation adopted pursuant to this chapter shall be guilty of a gross misdemeanor and upon conviction shall be punished by imprisonment in the City Jail for not more than one (1) year, or by a fine of not more than Five thousand dollars ($5,000.00) or both. SECTION 3 - VIOLATIONS RELATING TO FRAUD OR DECEIT - PENALTY Any person or association or organization operating any gambling activity who or which directly or indirectly, shall in the course of such operation: (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; 1 shall be guilty of a gross misdemeanor and upon conviction shall be punished by imprisonment in the City Jail for not more than one (1) year or by a fine of not more than Five thousand dollars ($5,000.00), or both. SECTION 4 - OBSTRUCTION OF PUBLIC SERVANT AND ADMINISTRATION OR ENFORCEMENT AS VIOLATION - PENALTY NO person shall intentionally obstruct or attempt to obstruct a public servant in the administration or enforcement of RcW 9.46 or WAC 230 by using or threatening to use physical force or by means of any unlawful act. Any person who violates this section shall be guilty of a misdemeanor. SECTION 5 - DEFRAUDING OR CHEATING OTHER PARTICIPANT OR OPERATORS VIOLATION - CAUSING ANOTHER TO DO SO AS VIOLATION - PENALTY No person participating in a gambling activity shall, in the course of such participation, directly or indirectly: (1) Employ or attempt to employ any device, scheme or artifice to defraud any other participant or any operator; (2) 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) 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 a game over the other participant or operator; or (4) Cause, aide, abet or conspire with another person to cause any other person to violate Subsections 1 through Subsection 3 of this section. Any person violating this section shall be guilty of a gross misdemeanor and upon conviction shall be punished by imprisonment in the City Jail for not more than one (1) year or by a fine of not more than Five thousand dollars ($5,000.00), or both. SECTION 6 - WORKING IN A GAMBLING ACTIVITY WITHOUT A LICENSE AS 'VIOLATION - PENALTY 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 under this chapter or by commission rule, without having obtained the applicable license required by the Gambling Commission under RCW 9.46.070(16) shall be guilty of a gross misdemeanor and shall, upon conviction, be punished by not more than one (1) year in the City Jail or a fine of not more than Five thousand dollars ($5,000.00), or both. SECTION 7 - GAMBLING INFORMATION - TRANSMITTING OR RECEIVING AS VIOLATION - PENALTY Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore or similar means or knowingly installs or maintains equipment for the transmission or receipt of gambling information, shall be guilty of a gross misdemeanor; provided, however, that this section shall not apply to such information transmitted or received, or equipment installed or maintained relating to activities as enumerated in RCW 9.46.030 or to any act or acts in furtherance thereof when conducted in compliance with the provisions of RCW 9.46 and in accordance with the rules and regulations adopted pursuant thereto. APPROVED by the City Commissioners on the first readings this =JV~ day of August, 1982. PASSED by the City Commissioners of the City of Bremerton, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this day of August, 1982. 3 GENE NELSON Mayor ATTEST. ' KATHLEEN L. MANDIO City Clerk