WSR 07-11-082

PERMANENT RULES

GAMBLING COMMISSION


[ Order 472 -- Filed May 15, 2007, 12:26 p.m. , effective June 30, 2007 ]


Effective Date of Rule: June 30, 2007.

Purpose: To correct an inadvertent omission of an amendment in subsection (9) commercial amusement games. Class A fees will be increased from $301/$137 to $310/$143 effective June 30, 2007. The first fee reflects the cost of an initial application. The second, lower fee is paid when renewing or applying for additional licenses. Before the fee was increased, the difference between $301/$137 was $164. Fees were increased to $310/$143, the difference between these two fees is now $167. It is contradictory to leave $164, as the amount is really $167. This filing corrects this inadvertent omission of updating $164 to $167.

Citation of Existing Rules Affected by this Order: Amending WAC 230-04-203.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 07-06-035 on February 28, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 15, 2007.

Susan Arland

Rules Coordinator

OTS-9598.1


AMENDATORY SECTION(Amending Order 466, filed 1/18/07, effective 6/30/07)

WAC 230-04-203   Fees -- Commercial stimulant and other business organizations.   All persons seeking to operate gambling activities shall submit the following fees to the commission when applying for gambling licenses, permits, miscellaneous changes, inspection services, or when assessed the cost of special investigation procedures by the commission:


LICENSE TYPE DEFINITION
1. CARD GAMES
Class B Up to five tables of limited card games - hearts, rummy, pitch, pinochle, and/or cribbage (Fee to play charged) $ 180
Class C Tournament only, no more than ten consecutive days per tournament.

C-5 Up to five tables $ 180
C-10 Up to ten tables $ 328
C-15 Up to fifteen tables $ 546
Class D General - Up to five tables (No fee to play charged) $ 56
Class E *General (Fee to play charged)
E-1 One table only $ 436
E-2 Up to two tables $ 751
E-3 Up to three tables $ 1,250
E-4 Up to four tables $ 2,506
E-5 Up to five tables $ 3,772
Additional tables up to a maximum of fifteen may be authorized for an additional per table fee of $ 1,092.
*In addition to the above initial license fee, the commission will assess all applicants/licensees the actual costs that exceed the license fee for conducting the initial investigation and inspection, any follow-up reviews or investigations involved in the approval of activities and schemes.
Class F Enhanced card room activities endorsement - Includes alternative fee collections (per hand; pot rake) and use of player-supported jackpot schemes.
Annual license fee $ 1,642
2. CARD GAMES - HOUSE-BANKED
All tables within a card room operating any house-banked card game shall be licensed under this license class.
*Annual license fee $ 6,582
Per table fee (up to fifteen tables) $ 1,642
*In addition to the above initial license fee, the commission will assess all applicants the actual costs that exceed the license fee for conducting the initial license investigation and premises inspection. Any post licensing follow-up reviews, inspections, internal control evaluations or subsequent phases of operation shall also be charged actual costs. Licensees will be evaluated and charged for these additional authorizations/phases on an individual case by case basis.
3. COMMERCIAL

AMUSEMENT

GAMES

(Fee based on annual gross

gambling receipts)

* Class A Premises only ** $ 310/$143
Class B Up to $ 50,000 $ 436
Class C Up to $ 100,000 $ 1,122
Class D Up to $ 250,000 $ 2,506
Class E Up to $ 500,000 $ 4,398
Class F Up to $ 1,000,000 $ 7,552
Class G Over $ 1,000,000 $ 9,448
* Allows a business that is qualified under WAC 230-04-138 (1)(f), (g), (h), (i), or (j) to enter into a contract with a class "B" or above commercial amusement game licensee to locate and operate amusement games upon their premises.
** Provides for a fee reduction of (($ 164)) $ 167 when: Renewing an annual license; applying for an additional license(s) at the same premises; and/or applying for multiple licenses at the same premises.
4. PUNCH BOARDS/

PULL-TABS

(Fee based on annual gross

gambling receipts)

VARIANCE*
Class A Up to $ 50,000 $ 5,000 $ 596
Class B Up to $ 100,000 $ 5,000 $ 1,064
Class C Up to $ 200,000 $ 10,000 $ 2,006
Class D Up to $ 300,000 $ 10,000 $ 2,920
Class E Up to $ 400,000 $ 10,000 $ 3,772
Class F Up to $ 500,000 $ 10,000 $ 4,556
Class G Up to $ 600,000 $ 10,000 $ 5,280
Class H Up to $ 700,000 $ 10,000 $ 5,942
Class I Up to $ 800,000 $ 10,000 $ 6,546
Class J Up to $ 1,000,000 $ 20,000 $ 7,422
Class K Up to $ 1,250,000 $ 25,000 $ 8,238
Class L Up to $ 1,500,000 $ 25,000 $ 8,998
Class M Up to $ 1,750,000 $ 25,000 $ 9,624
Class N Up to $ 2,000,000 $ 25,000 $ 10,194
Class O Up to $ 2,500,000 $ 30,000 $ 11,202
Class P Up to $ 3,000,000 $ 35,000 $ 11,578
Class Q Up to $ 4,000,000 $ 40,000 $ 13,646
Class R Up to $ 5,000,000 $ 50,000 $ 15,506
Class S Up to $ 6,000,000 $ 60,000 $ 17,574
Class T Up to $ 7,000,000 $ 70,000 $ 19,642
Class U Up to $ 8,000,000 $ 80,000 $ 21,708
Class V Over $ 8,000,000 $ 80,000 $ 23,776
* A licensee will be allowed a one-time variance for each license class without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be required to upgrade to the higher license class upon renewal.
5. PUNCH BOARD AND PULL-TAB SERVICE BUSINESS
(See WAC 230-04-133) *Initial application fee $ 224
Additional associate $ 140
Renewal $ 54
*Includes up to two associates.
6. DISTRIBUTOR (Fee based on annual gross sales of

gambling related supplies and

equipment)

(a) Class A Nonpunch board/pull-tab only $ 625
Class B Up to $ 250,000 $ 1,250
Class C Up to $ 500,000 $ 1,878
Class D Up to $ 1,000,000 $ 2,506
Class E Up to $ 2,500,000 $ 3,266
Class F Over $ 2,500,000 $ 4,020
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification.
(b) FUND-RAISING

EVENT EQUIPMENT

DISTRIBUTOR

Class A Rents or leases equipment for fund-raising event or recreational gaming activity up to 10 times per year. $ 247
Class B Rents or leases equipment for fund-raising event or recreational gaming activity more than 10 times per year. $ 625
7. GAMBLING SERVICE SUPPLIER
(See WAC 230-04-119) $ 651
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification.
A fee of $ 136 shall be charged for each new contract initiated by the gambling service supplier.
8. LINKED BINGO PRIZE PROVIDER
(See WAC 230-04-126) $ 4,184
9. MANUFACTURER (Fee based on annual gross sales of gambling related supplies and equipment)
Class A Pull-tab dispensing devices only $ 625
Class B Up to $ 250,000 $ 1,250
Class C Up to $ 500,000 $ 1,878
Class D Up to $ 1,000,000 $ 2,506
Class E Up to $ 2,500,000 $ 3,266
Class F Over $ 2,500,000 $ 4,020
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification, quality control inspection for additional activities or product lines, compliance suitability evaluations, and renewal of licenses when travel cost is incurred to complete the investigation.
10. PERMITS
AGRICULTURAL FAIR/

SPECIAL PROPERTY

BINGO

Class A One location and event only (See WAC 230-04-191) $ 26
Class B Annual permit for specified different events and locations (See WAC 230-04-193)

$ 180

RECREATIONAL

GAMING ACTIVITY

(RGA)

(See WAC 230-02-505

and 230-25-330)

$ 56

MANUFACTURER'S SPECIAL SALES PERMIT (See WAC 230-04-115) *$ 211
*The two hundred eleven dollar fee is nonrefundable, whether the sales permit is approved or not. In addition, an applicant may be assessed additional fees incurred to process and determine suitability.
11. CHANGES
NAME (See WAC 230-04-310) $ 26
LOCATION (See WAC 230-04-320) $ 26
BUSINESS (Same owners) $ 56
CLASSIFICATION (See WAC 230-04-340)
LICENSE CLASS (See WAC 230-04-260) New class fee, less previous fee paid, plus

$ 26

DUPLICATE LICENSE (See WAC 230-04-290) $ 26
CORPORATE STOCK/LIMITED LIABILITY COMPANY SHARES/UNITS (See WAC 230-04-360) $ 56
LICENSE TRANSFERS (See WAC 230-04-125 and 230-04-340) $ 56
12. SPECIAL FEES
INVESTIGATION (See WAC 230-04-240) As required
IDENTIFICATION AND

INSPECTION

SERVICES STAMPS

(See WAC 230-08-017) As required
QUALITY CONTROL

INSPECTION FEES

(See WAC 230-30-030) As required
REPLACEMENT OF

IDENTIFICATION

STAMPS

(See WAC 230-30-017)

$ 26

EXCEEDING LICENSE

CLASS

(See WAC 230-04-260) As required
REVIEW, INSPECTION

AND/OR EVALUATION

OF EQUIPMENT, PARA-

PHERNALIA, SERVICES,

OR SCHEMES

(See WAC 230-12-315) As required
SPECIAL SALES

PERMITS

(See WAC 230-04-115) As required
ELECTRONIC CARD

FACSIMILE TABLE

IDENTIFICATION

(See WAC 230-08-017) *$ 361.51
STAMP

*Annually, for each separate table
13. SIX-MONTH

PAYMENT PLAN

(See WAC 230-04-190) $ 26

[Statutory Authority: RCW 9.46.070. 07-03-081 (Order 466), 230-04-203, filed 1/18/07, effective 6/30/07; 03-01-031 (Order 417), 230-04-203, filed 12/6/02, effective 6/30/03; 01-23-056, 230-04-203, filed 11/20/01, effective 1/1/02; 01-05-019 (Order 399), 230-04-203, filed 2/9/01, effective 3/12/01; 00-15-039 (Order 385), 230-04-203, filed 7/14/00, effective 1/1/01; 99-24-099 (Order 377), 230-04-203, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-203, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-203, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-04-203, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-203, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-12-052, 230-04-203, filed 6/2/95, effective 7/3/95; 95-02-003 and 94-23-007, 230-04-203, filed 12/22/94 and 11/3/94, effective 1/22/95 and 1/1/95.]

Washington State Code Reviser's Office