The state gambling commission has taken the position that the tavern may continue with pulltabs until their state license for such activities expires. This issue has not been addressed by the state appellate courts.

Yes, if Intiative 862 passes, cities will still have the authority to ban all gambling within their borders.

Initiative 862 allows for electronic slot machines where they are now prohibited. Electronic slot machines are partially regulated by Ch. 9.46 RCW relating to Gambling and partly the state lottery commission, in Ch. 67.70 RCW. Electronic slot machines will be allowed wherever a licensee already holds a valid license for another gambling activity.

The initiative does not, however, explicitly preempt the authority of a city to prohibit gambling activities altogether. RCW 9.46.295 still authorizes cities to absolutely prohibit any or all gambling activities. Implied amendments or repeals are not favored in the law. See State v. Strauss, 119 Wn.2d 401 (1992) and Chao v. Bremerton Metal Trades Council, 294 F.3rd 1114 (2002).

So cities can apparently still ban all gambling activities. If a city does this, then it would not be possible to license an electronic slot machine because such a licenses will be limited to those businesses or organizations which already are licensed for a gambling activity. However, it does not appear that a city could allow other types of gambling activities and ban only electronic slot machines.