WSR 08-11-065



[ Filed May 16, 2008, 2:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-003.

Title of Rule and Other Identifying Information: WAC 230-15-035 Requirements for authorized card games and 230-15-145 Making wagers with chips or coin.

Hearing Location(s): Coast Wenatchee Center Hotel/Convention Center, 201 North Wenatchee Avenue, Wenatchee, WA 98801, on August 15, 2008, at 9:30 a.m.

Date of Intended Adoption: August 15, 2008.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by August 1, 2008.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by August 1, 2008, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission filed a petition for rule change submitted by the Recreational Gaming Association (RGA) requesting that card players be allowed to use:

(1) Community cards in card games, which would allow Baccarat or Mini Baccarat to be played in commercial card rooms. Currently, players must have their own hand of cards and all players must compete on an equal basis. Players cannot bet on another player's hand or the house's hand. In games that use community cards, two shared hands are dealt to positions called the "bank" and the "player;" unlike other card games, players are not dealt their own individual hands. Players bet on one of the two shared hands dealt, rather than on their own hand.

Player positions for:

Baccarat - fourteen seats plus twelve.

Mini Baccarat - seven seats plus seven.

(2) Nickels and dimes in any card game that charges a commission. Players must make wagers and pay fees to play card games with chips. However, nickels and dimes can be used by players in Pai Gow to pay commissions. Baccarat and Mini Baccarat allow a commission to be charged.

The RGA states that when house-banked card rooms first opened they were allowed to offer Baccarat as a social card game.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Recreational 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: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

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 change would not impose additional costs on 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.

May 14, 2008

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 617, filed 10/22/07, effective 1/1/08)

WAC 230-15-035   Requirements for authorized card games.   (1) In order for a game to be authorized, the game must:

(a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and

(b) Offer no more than three separate games with a single hand of cards. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and

(c) Not allow side bets between players.

(2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.

(3) Players must:

(a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; and

(b) Receive their own hand of cards or use community cards and be responsible for their own decisions regarding such ((hand)) game, such as whether to wager, fold, discard, draw additional cards, or raise the wager; and

(c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:

(i) An insurance wager placed in the game of Blackjack; or

(ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; ((or))

(iii) A tip wager made on behalf of a dealer; or

(iv) In the game of Baccarat or Mini Baccarat.

(4) A player's win or loss must be determined during the course of play of a single card game.

[Statutory Authority: RCW 9.46.070. 07-21-116 (Order 617), 230-15-035, filed 10/22/07, effective 1/1/08; 07-09-033 (Order 608), 230-15-035, filed 4/10/07, effective 1/1/08.]


AMENDATORY SECTION(Amending Order 608, filed 4/10/07, effective 1/1/08)

WAC 230-15-145   Making wagers with chips or coin.   Players in card games must make all wagers and pay fees to play card games with chips, except that:

(1) Players may use half dollars or quarters in house-banked card games;

(2) Players may use dimes and nickels in ((Pai Gow poker)) any game that allows a commission to be charged.

[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), 230-15-145, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office