WSR 08-19-097



[ Filed September 16, 2008, 4:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-007.

Title of Rule and Other Identifying Information: WAC 230-15-050 Minimum cash on hand requirements.

Hearing Location(s): DoubleTree Hotel Seattle Airport, 18740 International Boulevard, Seattle, WA 98188, on November 14, 2008, at 9:30 a.m.

Date of Intended Adoption: November 14, 2008.

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

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by November 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 Recreational Gaming Association (RGA) requests that:

1. Licensees must meet this requirement within three hours of opening. Currently, they must meet the cash on hand requirement when they open. This change will accommodate at least one licensee.

2. Cash on premises in the safe and vault, in addition to the cage, be counted towards the minimum cash on hand requirement.

Staff has been working with the industry on this rule change.

At the May 2008 meeting, the commission denied a petition from the RGA for a similar request because it would have allowed funds in the ATM to count toward the minimum cash on hand requirements. At the meeting, director Day said staff would work with the RGA to clarify their request and work towards an alternative that would satisfy the industry and meet our regulatory requirements.

The RGA states they support having minimum cash on hand requirements; however, upon implementation on January 1, 2008, smaller licensees have experienced challenges meeting these requirements prior to completing their count.

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 20, 2008

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 620, filed 11/20/07, effective 1/1/08)

WAC 230-15-050   Minimum cash on hand requirements.   (1) Card game licensees must have sufficient cash on hand to redeem all chips issued for play and pay out all prizes.

(2) ((Before)) Within three hours of opening for the business day, at a time included in the internal controls, house-banked card game licensees must have at least the following minimum amount of cash on premises in their cage, safe, and vault combined:

(a) One thousand dollars for each house-banked table on the gambling floor; plus

(b) The amount of the largest single prize available or not more than twenty thousand dollars.

For example: If a house-banked card room has fifteen house-banked tables and a largest single prize of twenty-three thousand dollars, before opening, the cage must have at least thirty-five thousand dollars on hand: 15 tables x $1,000 = $15,000 + largest single prize or $20,000 = $35,000).

(3) Except for the restrictions on player-supported jackpot pay outs in WAC 230-15-405 and progressive jackpot pay outs in WAC 230-15-690, licensees may pay prizes by check if sufficient funds are available on deposit.

(4) Failure to keep funds to cash in chips, pay prizes, or redeem gambling related checks is prima facie evidence of fraud. Meeting the minimum cage cash amount does not relieve the licensee from the requirement to have sufficient funds available to redeem all chips and pay out all prizes.

[Statutory Authority: RCW 9.46.070. 07-23-081 (Order 620), 230-15-050, filed 11/20/07, effective 1/1/08; 07-09-033 (Order 608), 230-15-050, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office