WSR 06-24-029

PROPOSED RULES

GAMBLING COMMISSION


[ Filed November 29, 2006, 2:35 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-18-025.

Title of Rule and Other Identifying Information: Amending WAC 230-20-059 Minimum cash flow requirements for bingo games -- Contributions to stated purpose -- Sanctions.

Hearing Location(s): DoubleTree Guest Suites, 16500 Southcenter Parkway, Seattle, WA 98188, (206) 575-8220, on January 12, 2007, at 9:30 a.m.

Date of Intended Adoption: January 12, 2007.

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, 2007.

Assistance for Persons with Disabilities: Contact Shirley Corbett by January 1, 2007, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We have received a petition for rule change from the Washington Charitable and Civic Gaming Association. The petitioner requests that charitable and nonprofit organizations that offer bingo be allowed up to a 50% variance on net return requirements for the calendar year 2006. The 25% variance currently in WAC 230-20-059 would remain unchanged.

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 Charitable and Civic Gaming Association, 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: Sharon Reese, 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 change clarifies language of rules without changing the effect.

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 29, 2006

Susan Arland

Rules Coordinator

OTS-9419.1


AMENDATORY SECTION(Amending Order 428, filed 3/17/04, effective 4/17/04)

WAC 230-20-059   Minimum cash flow requirements for bingo games--Contributions to stated purpose -- Sanctions.   Bingo shall be conducted only as a social pastime or for fund-raising to support the stated purpose(s) of a charitable or nonprofit organization. Organizations licensed to conduct bingo games shall comply with the following procedures and limitations:


Contributions.


(1) To ensure that organizations licensed to conduct bingo games meet the intent of RCW 9.46.010 and provide funds adequate to promote charitable and nonprofit programs, such organizations shall not allow their bingo operation to award prizes or pay expenses to conduct bingo games that are excessive and all capital expenditures for the bingo operation that exceed six thousand dollars shall be specifically approved by the governing board.

An organization licensed to conduct bingo games shall ensure that the adjusted cash flow from the bingo operation available for its charitable and nonprofit programs is at least the following amount during each calendar year:

(a) For gross receipts above $1,500,000 up to $2,500,000 - 3% of gross receipts over $1,500,000;

(b) For gross receipts above $2,500,000 up to $3,500,000 - $30,000 plus 4% of gross receipts over $2,500,000;

(c) For gross receipts above $3,500,000 up to $4,500,000 - $70,000 plus 5% of gross receipts over $3,500,000; and

(d) For gross receipts above $4,500,000 - $120,000 plus 6% of gross receipts over $4,500,000.

(e) If the licensee does not operate for a full year, the requirements shall be prorated based on full quarters operated.


Definitions.


(2) The following definitions shall apply to this section:

(a) "Gross receipts" shall mean the combined gross gambling receipts from bingo, pull-tab and punch board activities.

(b) "Adjusted cash flow from the bingo operation" shall mean the combined gross income of the bingo operation less all prizes and expenses, whether paid or accrued. For the purposes of computing expenses, depreciation or amortization, shall not be considered an expense of the bingo operation.

(c) "Bingo operation" shall mean bingo games and all associated activities conducted in conjunction with bingo games at the same location including punch boards, pull-tabs, snack bar, retail sales activities, rental of the bingo premises and drawings authorized under WAC 230-20-242.


Sanctions for failing to maintain a positive adjusted cash flow.


(3) To ensure a licensee maintains a positive cash flow and is not operating primarily for gambling purposes, adjusted cash flow shall be measured quarterly. If a licensee does not maintain a positive cash flow from the bingo operation during any two consecutive calendar quarters, measured independently, the director shall summarily suspend the organization's bingo license.


Sanctions for failing to meet adjusted cash flow requirements - relief.


(4)(a) If a bingo licensee fails to meet the adjusted cash flow requirements of subsection (1) of this section for any calendar year, administrative action shall be taken to revoke the organization's bingo license: Provided, That if a licensee fails to meet the minimum adjusted cash flow requirements for any calendar year and has maintained a positive cash flow as required by subsection (3) of this section. The director shall automatically grant relief allowing a twenty-five percent reduction to the annual dollar amount of required adjusted cash flow in subsection (1) of this section, for the year in which the licensee is out of compliance;

(b) No organization granted relief under (a) of this subsection, shall be eligible to receive relief for any of the four calendar years following the calendar year for which the relief was granted; and

(c) ((Relief may be granted under (a) of this subsection for the calendar year beginning January 1, 2003.)) For the calendar year 2006, the director shall automatically grant relief allowing up to a fifty percent reduction to the annual dollar amount of required adjusted cash flow in subsection (1) of this section.

[Statutory Authority: RCW 9.46.070. 04-07-102 (Order 428), 230-20-059, filed 3/17/04, effective 4/17/04; 03-11-040 (Order 419), 230-20-059, filed 5/15/03, effective 6/30/03; 01-05-020 (Order 397), 230-20-059, filed 2/9/01, effective 4/1/01. Statutory Authority: RCW 9.46.070, 9.46.0209, 9.46.0237, 9.46.0205 and 9.46.075. 96-24-008 (Order 303), 230-20-059, filed 11/21/96, effective 12/22/96.]

Washington State Code Reviser's Office