WSR 08-17-083

PROPOSED RULES

GAMBLING COMMISSION


[ Filed August 19, 2008, 2:31 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Alternative #2 Up filed at the August 2008 commission meeting: Amending WAC 230-15-035 Authorizing new games or changing game rules, 230-15-040 Requirements for authorized card games, and 230-15-045 Withdrawing approved card games authorization.

Hearing Location(s): Red Lion Hotel, 303 West North River Drive, Spokane, WA 99201, (509) 326-8000, on October 10, 2008, at 9:30 a.m.

Date of Intended Adoption: October 10, 2008.

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

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At their May 2008 meeting, the commission filed a petition for rule change submitted by the Recreational Gaming Association (RGA) requesting that card players be allowed to use community cards in card games (such as Baccarat or Mini-Baccarat) and that nickels and dimes be used in any card game that charges a commission.

At their June 2008 meeting, at the request of the RGA, the commission filed Alternative #1 that would specifically allow Mini-Baccarat and no other games that allow community cards.

At their August 2008 commission meeting, the commission filed Alternative #2 in response to questions raised by Chair Bierbaum at the July 2008 commission meeting. Alternative #2 would:

-Switch the order of WAC 230-15-035 and 230-15-040 in the rules manual. The requirement that card game licensees must operate only card games the director or the director's designee has specifically authorized should be listed before what games are authorized.

-Add WAC 230-15-040(4), to clarify that Mini-Baccarat is authorized to be operated as explained for Baccarat in The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games, including three subsections for clarification.

-Finally, small housekeeping changes to WAC 230-15-045.

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.

August 18, 2008

Susan Arland

Rules Coordinator

OTS-1851.1


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

WAC 230-15-035   ((Requirements for authorized card games.)) Authorizing new games or changing game rules.   (((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 and be responsible for decisions regarding such hand, such as whether to 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.

(4) A player's win or loss must be determined during the course of play of a single card game.)) Card game licensees must operate only the card games the director or the director's designee has specifically authorized. The director or the director's designee authorizes each new card game or changes to existing card games on an individual basis. A list of all authorized games and the rules of play are available at all commission offices and on the commission web site.

(1) Card game licensees must submit:

(a) Requests for authorizing new card games in the format we require; and

(b) Changes to an existing card game in writing.

(2) The director or the director's designee will notify the licensee in writing if the request is denied. The notification will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.

[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 230-15-040   ((Authorizing new games or changing game rules.)) Requirements for authorized card games.   ((Card game licensees must operate only the card games the director or the director's designee has specifically authorized. The director or the director's designee authorizes each new card game or changes to existing card games on an individual basis. A list of all authorized games and the rules of play are available at all commission offices and on the commission web site.

(1) Card game licensees must submit:

(a) Requests for authorizing new card games in the format we require; and

(b) Changes to an existing card game in writing.

(2) The director or the director's designee will notify the licensee in writing if the request is denied. The notification will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.)) (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 and be responsible for decisions regarding such hand, such as whether to 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.

(4) Mini-Baccarat is authorized when operated in the manner explained for Baccarat in the most current version of The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games, or similar authoritative book on card games we have approved. However:

(a) Card game licensees may make immaterial modifications to the game; and

(b) Subsections (1), (2), and (3) of this section do not apply; and

(c) The number of players is limited under WAC 230-15-055.

(5) 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. 07-09-033 (Order 608), 230-15-040, filed 4/10/07, effective 1/1/08.]


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

WAC 230-15-045   Withdrawing ((approved)) card game((s)) authorization.   If the director or the director's designee withdraws ((approval)) authorization of a card game:

(1) The director or the director's designee will give licensees written notice and an opportunity to object to the decision. If a licensee files an objection in writing, an administrative law judge will review the decision.

(2) The director or the director's designee will provide written notice to impacted licensees after a final decision is made.

[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), 230-15-045, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office