Effective Date of Rule: Thirty-one days after filing.

     Purpose: The Recreational Gaming Association is requesting that:

•	Cash in the cage, in addition to the safe and vault, be counted towards the minimum cash on hand requirement for house-banked card rooms. Currently, these funds must be in the cage; and

•	Licensees 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.

     At their September 2008 meeting, the commission approved a wager increase for house-banked games from $200 to $300. Because of this, we needed to adjust our minimum bankroll requirements in this rule. Therefore, at the November meeting, the commission filed an alternative to remove the $20,000 cap for the largest single prize available. This alternative was adopted at the January 2009 commission meeting.

     Citation of Existing Rules Affected by this Order: Amending WAC 230-15-050.

     Statutory Authority for Adoption: RCW 9.46.070.

      Adopted under notice filed as WSR 08-23-081 on November 18, 2008, and published December 3, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 9, 2009.

Susan Arland

Rules Coordinator

OTS-1895.2

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)) excluding jackpot prizes when WAC rules require a deposit into a separate bank account (for example, player-supported jackpots and progressive jackpots).

     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)) thirty-eight thousand dollars on hand: 15 tables x $1,000 = $15,000 + largest single prize ((or $20,000 = $35,000))) of $23,000 = $38,000.

     (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.]

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