WSR 05-11-087

PROPOSED RULES

GAMBLING COMMISSION


[ Filed May 17, 2005, 4:54 p.m. ]

Supplemental Notice to WSR 05-09-065.

Preproposal statement of inquiry was filed as WSR 05-06-032.

Title of Rule and Other Identifying Information: WAC 230-02-050 Recreational gaming activity -- Defined.

Hearing Location(s): The Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, on (360) 254-3100, on August 12, 2005, at 9:30 a.m.

Date of Intended Adoption: August 12, 2005.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail Susana@wsgc.wa.gov, fax (360) 486-3625, by August 1, 2005.

Assistance for Persons with Disabilities: Contact Shirley Corbett by August 1, 2005, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes after the April commission meeting: After further review of the proposal, staff has regulatory concerns allowing an organization to sponsor an unlimited number of recreational gaming activities. Staff anticipates an increase in the number of calls and/or complaints from persons that see the event taking place and wondering whether it is legal. Furthermore, callers may believe that gambling is taking place at the event. Normal agency procedures are to follow-up on calls and complaints. The permit fee would not cover these costs to the agency. Staff is also concerned about the proliferation of events and the amount of gambling equipment in the state.

Staff supports filing the rule shown below which would maintain the two event per organization limit. Staff does not anticipate regulatory concerns related to poker at recreational gaming activities or allowing organizations to sponsor an event if they have not been in existence for six months.

Statutory Authority for Adoption: RCW 9.46.070.

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

Name of Proponent: Washington State Gambling Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Neal Nunamaker, Deputy Director, Lacey, (360) 486-3452.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendment will not impose additional costs on licensees.

A cost-benefit analysis is not required under RCW 34.05.328. Amendment does not impose additional costs to licensees.

May 17, 2005

Susan Arland

Rules Coordinator

OTS-7927.4


AMENDATORY SECTION(Amending Order 224, filed 7/17/91, effective 8/17/91)

WAC 230-02-505   Recreational gaming activity -- Defined.   A recreational gaming activity is a nongambling activity ((utilizing)) using poker tables and/or gambling devices authorized for use in fund-raising events, conducted no more than two times per year, by or on behalf of an organization ((that has been in existence for at least six months)). Only members and guests of the sponsoring organization may participate and ((such)) the activity ((shall be)) is subject to the requirements of WAC 230-25-330.

[Statutory Authority: Chapter 9.46 RCW. 91-15-040 (Order 224), 230-02-505, filed 7/17/91, effective 8/17/91.]

Washington State Code Reviser's Office