HomeMy WebLinkAboutO-2591 - Amends Sec. 3.92.010 and 3.92.190, gambling activities tax (3.92),/;",..,
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;l..s<t I
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING PARTS
OF ORDINANCE NO. 829 SECTION 2, CODIFIED AS MARYVILLE
MUNICIPAL CODE SECTION 3.92.010 RELATING TO GAMBLING
STATE LAWS ADOPTED BY REFERENCE ADDING RCW 9.46.196
"CHEATING -DEFINED"AND RCW 9.46.1962 "CHEATING IN THE
SECOND DEGREE;AND AMENDING ORDINANCE 829 SECTION 19,
CODIFIED AS 3.92.190 VIOLATIONS PENALTY;AND
SEVERABILITY.
WHEREAS,The Washington State Gambling Commission has asked the City of
Marysville to incorporate RCW 9.46.196 "Cheating -Defined"and RCW 9.46.1962
"Cheating in the Second Degree"to the Marysville Municipal Code to aid the Washington
State Gambling Commission in meeting its mission to "protect the public by ensuring that
gambling is legal and honest."
Proposed RCW to be incorporated by reference
RCW 9.46.196
Cheating --Defined.
"Cheating,"as used in this chapter, means to:
(l)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 the game over the other
participant or operator;or
(4) Cause, aid, abet, or conspire with another person to cause any other
person to violate subsections (I)through (3)of this section.
[2002 c 253 §1; 1991 c 261 §8; 1977 ex.s.c 326 §13.]
RCW 9.46.1962
Cheating in the second degree,
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(I)A person is guilty of cheating in the second degree if he or she engages
in cheating and his or her conduct does not constitute cheating in the first
degree.
(2)Cheating in the second degree is a gross misdemeanor subject to the
penalty set forth in RCW 9A.20.021.[2002 c 253 § 3.)
WHEREAS, The City of Marysville desires to revise the Marysville Municipal Code
3.92.190 penalty to be consistent and similar to other misdemeanor penalties in the
Marysville Municipal Code and the Revised Code of Washington.
Present Penalty
3.92.190 Violations -Penalty.
Any person violating or failing to comply with any of the provisions of
this chapter or any lawful rule or regulation adopted by the mayor pursuant
thereto, upon conviction thereof, shall be punished by a fine in any sum
not to exceed $300.00,or by imprisonment in jail for a term not exceeding
90 days, or by both such fine and imprisonment.(Ord. 829 §19, 1974).
Proposed Revised Penalty.
3.92.190 Violations -Penalty.
Any person violating or failing to comply with any of the provisions of
this chapter or any lawful rule or regulation adopted by the mayor pursuant
thereto, upon conviction thereof,shall be punished by a fine in any sum
not to exceed $1,000.00 $3QQ.QQ,or by imprisonment in jail for a term not
exceeding 90 days, or by both such fine and imprisonment.
NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.MMC 3.92.010 is hereby amended to read as follows:
3.92.010 State laws adopted by reference.
Those provisions of the state of Washington Gambling Act, not
less than three copies of which are on file in the office of the city
clerk of the city of Marysville,as set forth in the following sections
of the Revised Code of Washington,and as hereafter amended,are
adopted by the city of Marysville as though fully set forth herein;
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(I)RCW 9.46.020,entitled "Definitions."
(2) RCW 9.46.150,entitled "Injunctions -Voiding of licenses,
permits or certificates."
(3) RCW 9.46.I80, entitled "Causing organization to violate
chapter as violation -Penalty";provided, that such section is
hereby amended to establish the penalty as a gross misdemeanor.
(4) RCW 9.46.190,entitled "Violations relating to fraud or
deceit -Penalty."
(5) RCW 9.46.196 Cheating -- Defined.
(6) RCW 9.46.1962 Cheating in the second degree,
(7) RCW 9.46.230,entitled "Seizure and disposition of
gambling devices - Owning, buying, selling etc.,gambling devices
or records - Penalty";provided,that such section is amended to
establish the penalty as a gross misdemeanor.
(8) RCW 9.46.240, entitled "Gambling information,
transmitting or receiving as violation - Penalty."
(9) RCW 9.46.250, entitled "Gambling property or premises-
Common nuisances,abatement -Termination of mortgage,
contract or leasehold interests, licenses -Enforcement."
(10) RCW 9.46.260,entitled "Proof of possession as evidence
of knowledge of its character."
Section 2. MMC 3.92.190 Violations - Penalty is hereby amended to read as
follows:
3.92.190 Violations - Penalty,
Any person violating or failing to comply with any of the provisions of this chapter or any
lawful rule or regulation adopted by the mayor pursuant thereto, upon conviction thereof,
shall be punished by a fine in any sum not to exceed $1000.00, or by imprisonment in jail
for a term not exceeding 90 days, or by both such fine and imprisonment.
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Section 3.If any section,subsection,sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
PASSED by the City Council and APPROVED by the Mayor this 1J.tt,day of
~,2005.
CITY OF MARYSVILLE
ByB~LLdJ
DENNIS L.KENDALL,Mayor
ATTEST:
"BY/~6~
<fERRYBE<::R:City Clerk
Approved as to form:
B~<'W~
GRANT K. WEED, City Attorney
Date of Publication:q -t L.j -0 5
Effective Date (5 days after publication):q -I 9 -05
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