Wash. Rev. Code » Title 9 · Chapter 9.46

Wash. Rev. Code § 9.46.0241

"Gambling device."

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"Gambling device," as used in this chapter, 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; (2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. 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: PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.
[ 1994 c 218 s 8; 1987 c 4 s 11. Formerly RCW 9.46.020(10).]

Notes:

Effective date—1994 c 218: See note following RCW 9.46.010.
Notes of Decisions
Cited in 6 cases, 2005–2020 · leading case: Bullseye Distributing, LLC v. State, Gambling Com'n
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Bullseye Distributing, LLC v. State, Gambling Com'n (2005) washctapp · cites it 17× “Because the game meets at least one definition of "gambling device" under RCW 9.46.0241, we affirm. FACTS I. Procedural History ¶2 In February 2002, Bullseye Distributing, LLC petitioned the Washington State *1163 Gambling Commission for a declaratory order that its Freespin II…”
Bullseye Distributing, L.L.C. v. Gambling Commission (2005) washctapp · cites it 16× “Because the game meets at least one definition of “gambling device” under RCW 9.46.0241, we affirm. Armstrong, J. — *234 FACTS I.”
ZDI Gaming, Inc. v. Washington State Gambling Commission (2009) washctapp “The Commission sought review of the ALJ’s determination that the VIP machine was not an illegal “gambling device” as defined by RCW 9.46.0241. And the Commission’s final order “VACATED and specifically disavowed” the ALJ’s ruling on this issue.”
Zdi v. State Ex Rel. State Gambling Com'n (2009) washctapp “NOTES [1] The Commission sought review of the ALJ's determination that the VIP machine was not an illegal "gambling device," as defined by RCW 9.46.0241. And the Commission's final order "vacated and specifically disavowed " the ALJ's ruling on this issue.”
Gerow v. Washington State Gambling Commission (2014) washctapp “RCW 9.46.0241. Despite this limitation, two gambling device manufacturers (including ZDI) created “electronic video pull-tab dispensing devices” that the Commission approved in 1997 and 2002.”
Benson v. Double Down Interactive, LLC (2020) wawd “231, 241 (2005), which addressed whether a simulated slot 4 machine constituted a “gambling device” under RCW 9.46.0241. Id. at 240 . Inserting a dollar or 5 presenting a promotional voucher would provide a player with a baseball card and an allotment 6 of “play points,” which…”
— Wash. Rev. Code § 9.46.0241(1) — 2 cases
Bullseye Distributing, L.L.C. v. Gambling Commission (2005) washctapp “Because the game meets at least one definition of “gambling device” under RCW 9.46.0241, we affirm. Armstrong, J. — *234 FACTS I.”
Bullseye Distributing, LLC v. State, Gambling Com'n (2005) washctapp “Because the game meets at least one definition of "gambling device" under RCW 9.46.0241, we affirm. FACTS I. Procedural History ¶2 In February 2002, Bullseye Distributing, LLC petitioned the Washington State *1163 Gambling Commission for a declaratory order that its Freespin II…”
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