Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-18-037.

     Title of Rule and Other Identifying Information: WAC 230-08-120, 230-08-125, 230-08-180, and 230-08-250.

     Hearing Location(s): DoubleTree Guest Suites, 16500 Southcenter Parkway, Seattle, WA 98188, (509) 248-8220, on January 13, 2006, at 9:30 a.m.

     Date of Intended Adoption: January 13, 2006.

     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 January 1, 2006.

     Assistance for Persons with Disabilities: Contact Shirley Corbett by January 1, 2006, TTY (360) 486-3637 or (360) 486-3447.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules relate to the activity reports we require from licensees that offer bingo, raffles, and amusement games. The rules describe who must complete the activity reports, when the reports are due, who must sign the reports, and describes each line item of the report, such as gross gambling receipts, prizes paid, net gambling receipts, full details of all expenses, allocation methods used, net income, etc. Because the requirements are listed in the rules, changes to the forms cannot be made unless the rules are changed. Staff propose removing the specific line items from the rules.

     Earlier in 2005, the commissioners approved streamlined financial activity reporting rules for commercial operators by eliminating the listing of each specific item to be reported. Now those rules state that instructions will provide the details on what needs to be reported. The proposed changes to bingo, raffles and amusement game activity reports will make these rules consistent with the other streamlined rules relating to activity reporting. This change will facilitate progress toward future online activity reporting.

     Statutory Authority for Adoption: RCW 9.46.070.

     Statute Being Implemented: Not applicable.

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

     Name of Proponent: Monty Harmon, Harmon Consulting, Inc., private.

     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. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule does not impose more than minor, if any, costs to businesses and no disproportionate impact to small businesses has been identified.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Gambling Commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

November 18, 2005

Susan Arland

Rules Coordinator

OTS-8318.1

AMENDATORY SECTION(Amending Order 251, filed 5/17/94, effective 7/1/94)

WAC 230-08-120   Quarterly activity report by operators of bingo games (license Class D and above).   Each organization licensed to conduct bingo games in Class D and above shall submit an activity report to the commission concerning the licensed activity and other matters set forth below during each of the following periods of the year:

     (1) Licensees must report on activity occurring between:

     January 1st through March 31st

     April 1st through June 30th

     July 1st through September 30th

     October 1st through December 31st

     ((If the licensee does not renew its license, then it shall file a report for the period between the previous report filed and the expiration date of its license.)) (2) A report shall be submitted for any period of time the activity was operated or a license was valid. If a license was not renewed, a report for the period between the previous report and the expiration date shall be submitted.

     (3) The report form shall be furnished by the commission and the completed report shall be received in the office of the commission or postmarked no later than 30 days following the end of the period for which it is made.

     (4) The report shall be signed by the highest ranking officer or his/her designee. If the report is prepared by someone other than the licensee or an employee, then the preparer shall print his/her name and phone number on the report.

     (5) The report shall be completed in accordance with the related instructions furnished with the report. ((The report shall include, among other items, the following:

     (1) The gross gambling receipts from bingo.

     (2) The total amount of cash prizes actually paid out and the total of the cost to the licensee of all merchandise prizes actually paid out. Donated prizes will be recorded at the fair market value of the prize at the time they were received by the organization.

     (3) The net gambling receipts.

     (4) Full details on all expenses directly related to bingo, including at least the following:

     (a) Wages, monies, or things of value paid or given to each person connected with the management, promotion, conduct or operation of the bingo game together with an attachment setting out the following:

     (i) Name;

     (ii) Duties performed;

     (iii) Hours worked; and

     (iv) Wages, monies or things of value paid or given for conducting bingo activities. When an employee works in more than one activity, the total hours worked and total wages shall also be reported;

     (b) A statement describing the allocation method used in allocating common use expenses; and

     (c) A detailed listing of all items included under "other."

     (5) The net income.

     (6) The total number of customers participating.

     (7) The total number of sessions held.

     (8) Net income from the operation of retail sales activities operated in conjunction with bingo games.))

[Statutory Authority: RCW 9.46.070. 94-11-095 (Order 251), § 230-08-120, filed 5/17/94, effective 7/1/94. Statutory Authority: RCW 9.46.070 (1)(16). 90-10-007, § 230-08-120, filed 4/19/90, effective 7/1/90. Statutory Authority: RCW 9.46.070 (7), (8), (9), (10), (14), (19) and (20). 89-09-047 (Order 190), § 230-08-120, filed 4/18/89, effective 7/1/89. Statutory Authority: RCW 9.46.070 (8) and (9). 85-06-002 (Order 147), § 230-08-120, filed 2/22/85. Statutory Authority: RCW 9.46.020 (20)(d), 9.46.050(3) and 9.46.070 (1), (2), (5), (8), (9), (11) and (12). 85-03-026 (Order 144), § 230-08-120, filed 1/9/85. Statutory Authority: RCW 9.46.070 (4), (7), (8) and (11). 83-06-077 (Order 127), § 230-08-120, filed 3/2/83; Order 70, § 230-08-120, filed 5/24/77; Order 46, § 230-08-120, filed 2/13/76; Order 42, § 230-08-120, filed 9/18/75; Order 29, § 230-08-120, filed 1/23/75; Order 23, § 230-08-120, filed 9/23/74; Order 15, § 230-08-120, filed 4/17/74; Order 5, § 230-08-120, filed 12/19/73, 1:25 p.m.]

OTS-8320.1

AMENDATORY SECTION(Amending Order 304, filed 11/21/96, effective 1/1/97)

WAC 230-08-125   Annual activity reports -- Certain activities operated by charitable or nonprofit organizations.   Each charitable or nonprofit organization licensed to operate raffles, amusement games, Class A, B, or C bingo games, or combination license shall submit to the commission an annual summary of all such activities. The annual report shall be completed as follows:

     (1) The report form shall be furnished by the commission, and the completed report shall be received in the office of the commission or postmarked no later than thirty days following the expiration of such organization's license year.

     (2) The report shall be signed by the highest ranking officer or his/her designee. If the report is prepared by someone other than this officer, then the preparer shall include his/her name and phone number on the report;

     (3) The report shall be completed in accordance with the related instructions furnished with the report. ((The report shall include, among other items, the following:

     (a) The gross gambling receipts from the conduct of each licensed activity;

     (b) The total amount of cash prizes actually paid out, and the total of the cost to the licensee of all merchandise prizes actually paid out for each licensed activity. Donated prizes will be recorded at the fair market value of the prize at the time they were received by the organization;

     (c) The net gambling receipts for each activity;

     (d) Full details on all expenses directly related to each activity, including all compensation paid by the licensee to each person for any work connected with the management, promotion, conduct or operation of each of the licensed activities, including a description of the work performed by that person: Provided, That RCW 9.46.0277 and WAC 230-20-070 are observed in relation to the restriction against employing persons to conduct or otherwise take part in the operation of a raffle;

     (e) The net income from each activity;

     (f) The total number of sessions conducted during the year; and

     (g) The total number of players participating in bingo games.

     (4) In addition, organizations that operate retail sales activities in conjunction with bingo games shall report the net income from such.))

[Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), § 230-08-125, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070 (1)(16). 90-10-007, § 230-08-125, filed 4/19/90, effective 7/1/90. Statutory Authority: RCW 9.46.070 (7), (8), (9), (10), (14), (19) and (20). 89-09-047 (Order 190), § 230-08-125, filed 4/18/89, effective 7/1/89. Statutory Authority: RCW 9.46.070 (8) and (9). 85-06-002 (Order 147), § 230-08-125, filed 2/22/85. Statutory Authority: RCW 9.46.070 (4), (7), (8) and (11). 83-06-077 (Order 127), § 230-08-125, filed 3/2/83.]

OTS-8321.1

AMENDATORY SECTION(Amending WSR 92-21-021, filed 10/13/92, effective 11/13/92)

WAC 230-08-180   Annual activity reports by commercial amusement game operators.   (License Class B and above) (1) Each licensee for the operation of commercial amusement games Class B and above shall submit an activity report to the commission concerning the operation of the licensed activity and other matters set forth below.

     (2) The report form shall be furnished by the commission and the completed report shall be received in the office of the commission or postmarked no later than sixty days following the license expiration date.

     (3) The report shall be signed by the highest ranking executive officer or their designee. If the report is prepared by someone other than the licensee or their employee, then the preparer's name and business telephone number must be provided.

     (4) The report shall be completed in accordance with the related instructions furnished with the report. ((The report shall include the following:

     (a) The total gross gambling receipts;

     (b) The total cost to the licensee of all prizes awarded;

     (c) Full details of all expenses related to the purchase and operation of amusement games;

     (d) Total net gambling income;

     (5) In addition to the above, commercial amusement game licensees operating amusement games at locations on a temporary basis set forth in WAC 230-04-138 (1)(a), (d), or (e) or as authorized by WAC 230-20-670(2) shall provide for each separate location:

     (a) The name and address of the business and/or event;

     (b) The total gross gambling receipts received; and

     (c) The amount of funds distributed to the premise/location owner.))

[Statutory Authority: RCW 9.46.070. 92-21-021, § 230-08-180, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 9.46.070 and 9.46.0331. 91-19-093 (Order 227), § 230-08-180, filed 9/18/91, effective 10/19/91. Statutory Authority: RCW 9.46.070 (4), (11) and (14). 89-24-002 (Order 201), § 230-08-180, filed 11/27/89, effective 12/28/89.]

OTS-8322.1

AMENDATORY SECTION(Amending Order 147, filed 2/22/85)

WAC 230-08-250   Annual activity reports by agricultural fairs and other bona fide charitable or nonprofit organizations with special location licenses to conduct bingo, raffles, and amusement games.   (1) Each bona fide charitable or nonprofit licensee for the operation of bingo, raffles, and amusement games conducted only at agricultural fairs and other special locations shall submit an activity report to the commission concerning the operation of the licensed activities and other matters set forth below for the period of their license.

     (2) The report form shall be furnished by the commission and the completed report shall be received in the office of the commission or postmarked no later than 30 days following the expiration date of the license. All persons operating by virtue of a permit issued by the commission shall furnish to the licensee in conjunction with whom the permit is used, all information with respect to their own operation which is needed by the licensee to complete its report not less than ten days prior to the time the licensee is required to file his report with the commission.

     (3) The report shall be signed by the highest ranking executive officer or his designee. If the report is prepared by someone other than the licensee or his employee, then the preparer shall also sign the report.

     ((The report shall include, among other items, the following:

     (1) The gross receipts from each separate gambling activity;

     (2) The total cash prizes actually paid out and the total of the cost to the licensee of all merchandise prizes actually paid out for each separate gambling activity;

     (3) The net receipts for each separate gambling activity;

     (4) Full details on all expenses directly related to each separate gambling activity;

     (5) The net income from each separate gambling activity; and

     (6) The gross receipts from the rental or leasing of space for licensed gambling activities.)) (4) The report shall be completed in accordance with the related instructions furnished with the report.

[Statutory Authority: RCW 9.46.070 (8) and (9). 85-06-002 (Order 147), § 230-08-250, filed 2/22/85; Order 74, § 230-08-250, filed 8/17/77.]