WSR 08-17-084

PROPOSED RULES

GAMBLING COMMISSION


[ Filed August 19, 2008, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-06-010.

Title of Rule and Other Identifying Information: New sections WAC 230-06-109 Sales invoices for merchandise prizes, 230-09-022 Wager limits for fund-raising events and 230-06-083 Card game licensees reporting changes in licensed employees; amending WAC 230-09-020 Post house rules and 230-15-205 Card tournament licenses; and repealing WAC 230-06-115 Using checks or credit cards to purchase gambling equipment, products, or services, 230-03-290 Card room employees working for additional employer or changing employer, and 230-15-175 Reporting card room employees no longer working.

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: Housekeeping changes.

Reasons Supporting Proposal: This new rule would require licensees who offer merchandise prizes to have a sales receipt or invoice provided by the seller. The invoice or receipt must include the following information: (1) Date of purchase; (2) the seller's name and address; (3) a full description of each item purchased; (4) quantity of items purchased; and (5) cost per individual items purchased.

Using checks or credit cards to purchase gambling equipment, products, or services.

WAC 230-06-115, repealing this rule which was inadvertently included in our new rules manual. This requirement was repealed in Administrative Order 459, effective August 2006.

Reporting Changes in Card Room Employees (CRE): Licensing services has an online process for card game licensees to notify us of changes in their licensed CREs. When this rule was rewritten during RSP, the requirement to notify us of CRE employment changes was inadvertently moved to the CREs. This change will require card game licensees to notify us when a licensed CRE changes or adds an employer, or is no longer working for them. This change also combines two rules that relate to this requirement (WAC 230-03-290 and 230-15-175) into WAC 230-06-083.

Card Tournaments: WAC 230-15-205: Class D card room licensees may offer a card tournament without a tournament license if players are not charged a fee to play. They must get a tournament license if they charge players a fee to play. The word "buy-in" was inadvertently added into this rule and needs to be removed. This will allow class D licensees to conduct no-fee tournaments without obtaining an additional tournament license.

Fund-Raising Events: The commission does not have limits on wagers made with poker tournament chips or scrip. However, fund-raising event licensees may set limits. WAC 230-09-020(2) needs to be rewritten to clarify this requirement. The proposed amendment requires licensees to include game rules and payout restrictions in house rules. Wagering limits were moved from WAC 230-09-020 to a new rule so they are easier to locate.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Washington state gambling commission, governmental.

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-1808.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 230-03-290 Card room employees working for additional employer or changing employer.

OTS-1805.1


NEW SECTION
WAC 230-06-083   Card game licensees reporting changes in licensed employees.   Card game licensees, except Class B or Class D must:

(1) Submit an add/transfer application and the required fees before allowing a licensed card room employee to begin working.

(2) Notify us in writing when a licensed card room employee no longer works for them. We must receive the notice at our Lacey office within ten days of the card room employee terminating employment.

[]

OTS-1806.1


NEW SECTION
WAC 230-06-109   Sales invoices for merchandise prizes.   Operators may purchase merchandise prizes from a licensed or unlicensed distributor or business. The sales invoice or receipt must include at least the following information:

(1) The date of purchase; and

(2) The seller's name and complete address; and

(3) A full description of each item purchased; and

(4) The quantity of items purchased; and

(5) The cost per individual items purchased.

[]

OTS-1809.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 230-06-115 Using checks or credit cards to purchase gambling equipment, products, or services.

OTS-1811.1


AMENDATORY SECTION(Amending Order 604, filed 10/27/06, effective 1/1/08)

WAC 230-09-020   Post house rules.   Licensees must develop house rules to govern the scope and manner of all gambling activities they will conduct during the FRE and prominently post these rules in the area where they will conduct the FRE. At a minimum, these rules ((must:

(1) State that single wagers must not exceed ten dollars. Raffle wagers may exceed ten dollars, but must not exceed the limits set forth in RCW 9.46.0277; and

(2) State that there are no limits on wagers made with scrip and no limits on the number of poker tournament chips that may be wagered; and

(3) Prohibit tipping.)) include:

(1) Game rules; and

(2) Wager limits; and

(3) Payout restrictions; and

(4) That tipping is prohibited.

[Statutory Authority: RCW 9.46.070. 06-22-051 (Order 604), 230-09-020, filed 10/27/06, effective 1/1/08.]

OTS-1807.1


NEW SECTION
WAC 230-09-022   Wagering limits for fund-raising events.   (1) Wager limits must not exceed ten dollars. However, raffle wagers must not exceed the limits in RCW 9.46.0277; and

(2) There are no limits on wagers made using scrip or poker tournament chips.

[]

OTS-1810.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 230-15-175 Reporting card room employees no longer working.

OTS-1812.1


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

WAC 230-15-205   Card tournament licenses.   (1) Class A, B, E, F, or house-banked licensees may conduct a card tournament where a fee or buy-in is charged without getting a card tournament license, but they must only operate those card games approved for their license class.

(2) Class D licensees must obtain a card tournament license to charge a fee ((or buy-in)) for a card tournament.

[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), 230-15-205, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office