Preproposal statement of inquiry was filed as WSR 05-13-042.
Title of Rule and Other Identifying Information: New chapter 230-06 WAC, Rules for all licensees, WAC 230-06-001 Defining "operator," 230-06-005 Accept checks in gambling activities, 230-06-010 Age restrictions for players, 230-06-015 Prevent intoxicated persons from operating or playing gambling activities, 230-06-020 Alcohol as prizes, 230-06-025 Firearms as prizes, 230-06-030 Restrictions and conditions for gambling promotions, 230-06-035 Offer no credit, loans, or gifts, 230-06-040 Record promotional items awarded by charitable and nonprofit organizations, 230-06-045 Conduct gambling sales on licensed business premises only, 230-06-050 Review of electronic or mechanical gambling equipment, 230-06-055 Notify law enforcement of your gambling activity, 230-06-060 Maintain copy of commission rules on business premises, 230-06-065 Display copies of all licenses or have them present on business premises, 230-06-070 Keep monthly records, 230-06-075 Removal of equipment or records for inspection, 230-06-080 Report changes to application information and submit updated documents and information, 230-06-085 Report criminal actions filed, 230-06-090 Report civil and administrative actions filed, 230-06-095 Change given name, trade name, or corporate name, 230-06-100 Changing business locations, 230-06-105 Report change of management, 230-06-110 Buy, sell, or transfer gambling equipment, 230-06-115 Using checks or credit cards to purchase gambling equipment, products, or services, 230-06-120 Sell or transfer gambling equipment to manufacturers or distributors, 230-06-125 Renew your license in a timely manner, 230-06-130 Exceeding license class, 230-06-135 Failing to apply for license class upgrade, 230-06-140 Partial refund of license fees if gambling receipts limit not met, and 230-06-145 Surrendering suspended or revoked licenses.
Hearing Location(s): Marcus Whitman Hotel, 6 West Rose, Walla Walla, WA 99362, (509) 525-2200, on June 16, 2006, at 9:30 a.m.
Date of Intended Adoption: June 16, 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 June 1, 2006.
Assistance for Persons with Disabilities: Contact Shirley Corbett by June 1, 2006, TTY (360) 486-3637 or (360) 486-3447.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The gambling commission is rewriting its rules manual using plan English techniques. The rules manual has been divided into sections and is being rewritten a section at a time. The first sections under review are the licensing chapters. As part of the rewrite, some items from other chapters (chapter 230-02 WAC, General provisions and definitions; chapter 230-04 WAC, Licensing; chapter 230-08 WAC, Records and reports; and chapter 230-12 WAC, Rules of general applicability), may be incorporated into the licensing chapters.
Following are the rules relating to all licensees. These rules are written in plain English and now numbered as chapter 230-06 WAC.
The proposed change will expand the current rules prohibiting intoxicated persons from operating or playing punch boards, pull-tabs, or card games to apply to all gambling activities. This change will make commission enforcement more consistent across all gambling activities. All gambling licensees will now have to prevent intoxicated persons from operating or participating in gambling activities.
Reporting rules: WAC 230-06-085 Report changes to application information and submit updated documents and information, 230-06-090 Report criminal actions filed, 230-06-095 Report civil and administrative actions filed, 230-06-100 Change given name, trade name, or corporate name, 230-06-110 Report change of management, 230-06-130 Sell or transfer gambling equipment to manufacturers or distributors, and 230-06-145 Failing to apply for license class upgrade.
These rules have a number of different time periods associated with submitting information regarding licensure. New rules will standardize the amount of time we give licensees to submit several types of information to thirty days. The proposed change will make our regulation of licensees more consistent because it changes the response period to a consistent thirty days for each type of information.
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: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Beth Heston, Rules Simplification Project Manager, Lacey, (360) 486-3464; 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 because the proposed rule does not impose more than minor costs to businesses.
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.
March 22, 2006
RULES FOR ALL LICENSEES
(a) The check is not a third-party check drawn on a personal account or a counter check from the licensee's business; and
(b) The personal check is dated the same day it is offered and fully negotiable when accepted; and
(c) The check is not from a player who owes the licensee money from a previous returned personal check. If the licensee uses a check guarantee and collection service, the licensee may disregard this subsection.
(2) If licensees accept a check that violates these requirements, they are violating the rules against extending credit.
(1) To play in licensed bingo games when accompanied by an adult member of his/her immediate family or a guardian, who is at least eighteen years old. "Immediate family" means only the spouse, parents, or grandparents of an individual. "Guardian" means only a court-appointed, legal guardian of an individual; or
(2) To play bingo at agricultural fairs or school carnivals; or
(3) To play amusement games; or
(4) To sell raffle tickets.
(1) Dice or coin contests for music, food, or beverage payment as authorized by RCW 9.46.0305; and
(2) Unlicensed members-only raffles authorized by RCW 9.46.0315, but only if the liquor control board granted the appropriate permit; and
(3) Other gambling activities where the liquor control board has authorized alcohol as a prize.
(1) Promotional items must not exceed five hundred dollars each; and
(2) You must give all players an equal opportunity to participate; and
(3) You must establish standards to determine how you will give promotional items to players. You must not give the items based on an element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game; and
(4) You must not give another chance to participate in a gambling activity as a promotional item; and
(5) You must display all rules or restrictions clearly in the gambling area and include them on promotional materials or advertisements; and
(6) You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356.
(2) Gifts are items licensees give to their customers. Licensees must not connect these gifts to gambling activities we regulate unless the gifts are:
(a) Gambling promotions; or
(b) Transportation services to and from gambling activities; or
(c) Free or discounted food, drink, or merchandise which:
(i) Costs less than five hundred dollars per individual item; and
(ii) Must not be traded back to you for cash; and
(iii) Must not give a chance to participate further in an authorized gambling activity.
(3) You must collect the price required to participate in the gambling activity in full before allowing someone to participate. Licensees must collect cash, check, or electronic point-of-sale bank transfer.
(4) If the price paid for the opportunity to play a punch board or pull-tab series is ten dollars or less, licensees may collect the price immediately after the play is completed.
(5) If a charitable or nonprofit organization has a regular billing system for all of the activities of its members, it may use its billing system in connection with the playing of any licensed activities as long as the organization limits play to full and active members of its organization.
(6) Charitable or nonprofit organizations may allow credit cards, issued by a state regulated or federally regulated financial institution, for payment to participate in raffles.
(1) How the organization selected the recipients of the promotional items; and
(2) The number of promotional items awarded; and
(3) The cost of each promotional item.
(2) Charitable or nonprofit organizations licensed to conduct bingo and punch board and pull-tab games may sell punch boards and pull-tabs to customers of a licensed card room if the charitable or nonprofit organization:
(a) Shares a common wall with the card room; and
(b) Controls all doors, counters, or windows allowing customer access through the common wall between the two premises and the charitable or nonprofit organization can securely close and lock the doors, counters, or windows; and
(c) Keeps and sells the punch board and pull-tab games and redeems prizes only on their licensed business premises. Punch board and pull-tab players may take already purchased punch boards and pull-tabs into the card room area; and
(d) Allows only its employees to sell the punch board and pull-tabs; and
(e) Posts signs at the door, window, or counter common to the two business premises that clearly notify customers of the organization's identity.
(2) We may require manufacturers to submit electronic or mechanical gambling equipment for review. To allow for continued testing and training, staff may keep any equipment submitted for review for as long as the equipment remains in play in Washington. The manufacturers must reimburse us for any costs of the review. We are not liable for any damage to equipment while in our possession.
(3) Licensees must operate equipment identical to the version staff approved.
NOTIFYING LAW ENFORCEMENT, POSTING PUBLIC NOTICES, AND RECORDKEEPING
(2) Licensees must tell local law enforcement agencies:
(a) The address where they will conduct the gambling activity; and
(b) The type of gambling activity licensed; and
(c) The first date they will conduct the gambling activity; and
(d) The proposed schedule for the operation of the gambling activity if they plan to conduct the activity on a regular basis.
(3) Licensees must not conduct the activity until they have made the notification.
(2) Licensees must have these licenses and permits ready for inspection by us, other law enforcement, and the public at all times.
(3) Card room employers may choose not to display employee licenses, but must maintain a copy of all card room employees' licenses, proof of licensing, or applications if we have not issued a license, on the licensed premises at all times.
(1) Every licensee must record for each licensed activity:
(a) The gross gambling receipts; and
(b) Full details on all expenses; and
(c) The total cost of all prizes paid.
(2) Commercial stimulant licensees must also record:
(a) Gross sales of food and drink for consumption on the business premises; and
(b) Gross sales of food and drink for consumption off the business premises; and
(c) Gross sales from all other business activities occurring on the business premises.
(3) Licensees must record each licensed activity separately and include all transactions occurring during the calendar month. Licensees must complete these records and have them available for audit or inspection by our agents or other law enforcement no later than thirty days following the end of each month.
(4) Licensees must include copies of all additional financial data which support tax reports to any governmental agency.
(5) Licensees must maintain each of these records for at least three years from the end of the fiscal year.
(2) We also may remove records from your premises or your control in order to facilitate our review of the records.
(3) If we receive a written request from you, we will provide you with copies of retained records.
(4) After the case is resolved, we will return all records, equipment, parts, and devices to the premises or to your address.
REPORTING CHANGES TO APPLICATION INFORMATION
(2) Licensees must submit to us any new or updated documents and information, including the following:
(a) Articles of incorporation or bylaws, or any other documents which set out the organizational structure and purposes; and
(b) All oral or written contracts and agreements which relate to gambling activities or alter the organizational structure of the licensee's organization or business activities in Washington; and
(c) All cash or asset contributions, draws from lines of credit, and loans (except those from recognized financial institutions) during any calendar year which by themselves or totaled together are more than ten thousand dollars. Cash or asset contributions do not include donations to licensed charitable or nonprofit organizations; and
(d) Internal Revenue Service tax deductible status of contributions for charitable and nonprofit organizations.
REPORTING CRIMINAL, ADMINISTRATIVE, AND CIVIL ACTIONS
(2) We must receive a copy of the final written decision or settlement within thirty days after the case is resolved.
(2) Licensed organizations must report to us in writing within thirty days all civil and administrative actions that are filed by or against any manager of the licensed gambling activity, the business organization, or any person holding a substantial interest in the business organization. Actions include, but are not limited to:
(a) Divorces; and
(b) Bankruptcy; and
(c) Tax liens; and
(d) Business dissolutions.
(3) The report must consist of a complete copy of the original documents filed. Licensees must notify the commission of the final disposition of the case and include a copy of the final documents filed including, but not limited to, settlement agreements.
(4) For cases involving patent infringement on gambling equipment, licensees must send only the final written decision or settlement.
(5) We must receive a copy of the final written decision or settlement within thirty days after the case is resolved.
CHANGING NAMES OR LOCATIONS
(2) Commercial amusement game licensees may add or delete from the list of locations for which we issued their license without paying a fee.
CHANGING MANAGEMENT OR OWNERSHIP
(2) If you are a commercial business licensee, you must report within thirty days.
(3) If you are a charitable or nonprofit organization licensee, you must report the changes when renewing your annual license.
SALES AND TRANSFERS OF EQUIPMENT, PRODUCTS, AND SERVICES
(2) Before purchasing gambling equipment, licensees must ensure that the seller possesses a valid gambling license.
(3) Applicants for Class F or house-banked card room licenses may purchase and possess gambling equipment during the prelicensing process, but only after receiving written approval from us.
(4) Licensees may transfer gambling equipment as a part of a sale of a business as long as a condition of the sale is that the buyer receives a gambling license before the sale is complete. Licensees must make a complete record of all gambling equipment transferred in this manner, including commission identification and inspection services stamp numbers. Licensees must report these transfers, including a copy of the inventory record, to us.
(a) Checks must be drawn on the licensed buyer's business account or on the personal account of an owner, partner, officer, or a substantial interest holder of a corporate licensee; and
(b) Checks must be negotiable and dated on or before the delivery date of the product or service.
(2) Licensees must deposit checks at their bank:
(a) Within ten calendar days after the date the licensee delivered the product or service; or
(b) If a licensed buyer makes payment by mail, within thirteen days from the date postmarked on the envelope containing the payment.
(2) Transfers of gambling equipment in this manner are subject to the following requirements:
(a) The transfer must be complete within thirty days of the date the license became invalid; and
(b) Distributors must use the cash or credit against amounts they owe manufacturers; and
(c) Operators or distributors selling the equipment must report to us within ten days of the transaction a complete inventory of all the gambling equipment transferred, including commission identification and inspection services stamp numbers; and
(d) Manufacturers or distributors receiving the equipment must prepare a credit memorandum and retain it with their records.
(2) If licensees do not submit a properly completed application and all fees, their license expires, and they must immediately stop the gambling activity covered by their license.
(3) If your license expires, you must submit a new application and you must not operate any gambling activity until a new license is issued.
(2) Licensees must apply a projection of year-to-date receipts to the remaining period of their license and, if it indicates that it is reasonably likely that they may exceed their license, they must immediately:
(a) Apply for a license that authorizes the anticipated level of gross gambling receipts; and
(b) Submit the fee required for the new license, minus the amount originally submitted for the previous license, plus a change of classification fee.
(3) If we issue a license upgrade, it is valid only for the remainder of the original term of the license.
(4) Licensees may exceed license class limits once, by the amount shown in the fees table, without having to upgrade or pay the penalties as long as they upgrade to the higher license class the next time they renew their license.
(2) Licensees must pay any required license class upgrade fee, plus any additional fee required by subsection (1) of this section, within thirty days of our notification.
(3) Failure to pay the fees may result in an immediate summary suspension of all licenses.
(2) Licensees may receive a refund for the difference between the fees actually paid and the fees that would normally apply to the level of gross gambling receipts actually received during the period.
(3) Licensees may make their request for refund after the end of any annual license period and before the end of the next annual license period.