WSR 02-03-077

PROPOSED RULES

GAMBLING COMMISSION


[ Filed January 14, 2002, 3:04 p.m. ]

     Supplemental Notice to WSR 02-01-094.

     Preproposal statement of inquiry was filed as WSR 01-21-068.

     Title of Rule: Card rooms: WAC 230-02-205 Gambling service supplier defined.

     Purpose: Mr. Kirtland is owner of Player's Edge, a store that sells gambling related books, videos and accessories. Mr. Kirtland submitted a petition for rule change requesting the definition of a gambling service supplier be amended to include persons providing educational seminars to the public. Mr. Kirtland would like to place a craps table in his store for the purpose of teaching the public how to play the game of craps. No gambling would be involved. The table would be for instructional purposes only. The commission filed Mr. Kirtland's petition at the November 2001 commission meeting which was filed under WSR 02-01-094. Staff had some regulatory concerns regarding the petition and, therefore, prepared an alternative to the petition, which addressed staff's concerns. The alternative (shown below) clarifies that classes must be conducted at a location designated by the licensee and the table must remain at the location designated by the licensee. The commission filed staff's alternative at the January 2002 commission meeting.

     Statutory Authority for Adoption: RCW 9.46.070.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Rick Day, Lacey, (360) 486-3446; and Enforcement: Bob Berg, Lacey, (360) 486-3452.

     Name of Proponent: Staff, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore a small business economic impact statement is not required.

     RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

     Hearing Location: Double Tree Hotel - Pasco, 2525 North 20th Avenue, Pasco, WA 99301, (509) 547-0701, on March 15, 2002, at 9:30 a.m.

     Assistance for Persons with Disabilities: Contact Shirley Corbett by March 1, 2002, TDD (360) 486-3637, or (360) 486-3447.

     Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by March 1, 2002.

     Date of Intended Adoption: March 15, 2002.

January 11, 2002

Susan Arland

Rules Coordinator

OTS-5411.1


AMENDATORY SECTION(Amending Order 380, filed 2/16/00, effective 7/1/00)

WAC 230-02-205   Gambling service supplier defined.   A "gambling service supplier" is any person who provides gambling related services for compensation, whether directly or indirectly.

     (1) Gambling related services include at least the following:

     (a) Providing consulting or advisory services regarding gambling activities;

     (b) Providing gambling related management services;

     (c) Providing financing for purchases or leases of gambling equipment or for providing infrastructure that supports gambling operations for more than one licensee. For purposes of this section, financing by any bank, mutual savings bank, or credit union regulated by the department of financial institutions or any federally regulated commercial lending institution shall not be deemed as providing gambling related services;

     (d) Providing any other service or activity where influence may be exerted over any gambling activity licensed by the commission;

     (e) Providing assembly of components for gambling equipment under a contract with a licensed manufacturer; ((or))

     (f) Training individuals to conduct authorized gambling activities; or

     (g) Providing educational and/or instructional classes or seminars pertaining to authorized gambling activities to the public. The table must remain at a permanent location designated by the licensee and the classes must be conducted at the permanent location designated by the license.

     (2) The term "gambling services supplier" does not include the following:

     (a) Universities and colleges that are regulated by the Washington state board of community and technical colleges and the higher education coordinating board which train individuals to conduct authorized gambling activities;

     (b) Licensed manufacturers or distributors who service and repair pull-tab dispensing devices, bingo equipment or any other authorized gambling equipment;

     (c) Attorneys, accountants, and governmental affairs consultants whose primary business is providing professional services that are unrelated to the management or operation of gambling activities; and

     (d) Persons that only provide nonmanagement related recordkeeping services for punch board and pull-tab operators, when the combined total gross billings from such services does not exceed twenty thousand dollars during any calendar year.

[Statutory Authority: RCW 9.46.070. 00-05-102 (Order 380), § 230-02-205, filed 2/16/00, effective 7/1/00; 98-19-133 (Order 361), § 230-02-205, filed 9/23/98, effective 1/1/99; 97-24-031, § 230-02-205, filed 11/25/97, effective 1/1/98.]

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