WSR 98-04-023

PERMANENT RULES

GAMBLING COMMISSION

[Filed January 28, 1998, 11:31 a.m., effective July 1, 1998]

Date of Adoption: January 9, 1998.

Purpose: These rules clarify the duties that define card room employees and "key employees."

Citation of Existing Rules Affected by this Order: Amending WAC 230-02-415.

Statutory Authority for Adoption: RCW 9.46.070(5).

Adopted under notice filed as WSR 97-21-102 on October 20, 1997.

Changes Other than Editing from Proposed to Adopted Version: In WAC 230-02-415, the provision defining card room employee as "any person who conducts any duty . . . system of internal management . . . for a card room approved to conduct house or player funded banked card games" was deleted to avoid confusion with the definition in WAC 230-02-425.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: July 1, 1998.

Soojin Kim

Rules and Policy Coordinator

NEW SECTION

WAC 230-02-425 Key employee defined. A "key employee" is a card room employee, as defined by WAC 230-02-415, who performs any of the following functions in a licensed public or social card room:

(1) Manages the day-to-day affairs of a Class E or Class A card room;

(2) Conducts any duty that is a material part of the system of internal management or accounting controls for a card room approved to conduct house or player funded banked card games; or

(3) Acts as a custodian of a player supported jackpot scheme.

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AMENDATORY SECTION (Amending Order 85, filed 5/25/78)

WAC 230-02-415 ((Public)) Card room employee defined. A "((public)) card room employee" is any person who is ((employed)) involved in the operation of social card games conducted by a ((public card room operator, for compensation or otherwise, to work in, or in direct connection with, a public card room whose duties or responsibilities include any of the following:

(1) Floor person,

(2) Time collector,

(3) Chip seller,

(4) Dealer or mucker,

(5) Cashier,

(6) Pit boss,

(7) Card room manager,

(8) Supervision of any person working in, or in connection with, the card room,

(9) The prevention or discovery of cheating by persons playing in the card room or of improper activities by employees working in the card room,

(10) To encourage the organization and/or beginning of a card game.

This definition does not include bartenders, waitresses and persons with similar duties who are limited to the serving of food or drink in the)) card room when such games involve the collection of fees.

Individuals who only perform duties of bartenders, waitresses or similar functions limited to providing food and drink service within the card room portion of the licensed premises are not "card room employees." Persons performing at least the following functions shall be designed as card room employees:

(1) Collecting fees;

(2) Dealing;

(3) Supervising any card game or card room employee, such as acting as a pit boss, floor person, section supervisor, etc.;

(4) Cashier duties such as selling or redeeming chips;

(5) Surveillance of dealers and card games to detect cheating or control functions;

(6) Controlling card room funds including keys to secure locations;

(7) Key employees as defined in WAC 230-02-425.

[Statutory Authority: RCW 9.46.070(16). 78-06-066 (Order 85), 230-02-415, filed 5/25/78.]

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