WSR 09-08-019

PROPOSED RULES

GAMBLING COMMISSION


[ Filed March 23, 2009, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-03-017.

Title of Rule and Other Identifying Information: WAC 230-13-150 Amusement game locations, 230-13-080 Operating coin or token activated amusement games, and 230-13-135 Maximum wagers and prize limitations at certain amusement game locations.

Hearing Location(s): Red Lion Hotel, 2525 North 20th Avenue, Pasco, WA 99301, (509) 547-0701, on May 15, 2009, at 9:00 a.m.

Date of Intended Adoption: May 15, 2009.

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 May 1, 2009.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by May 1, 2009, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change would add family sporting complexes, whether operated by commercial or a charitable/nonprofit organization, as an authorized location to operate amusement games.

Reasons Supporting Proposal: In May 2008, this rule was amended after a petition submitted by Starfire Sports to add a new location for placement of authorized amusement games. The change became effective July 1, 2008. The location added was a "commercially operated family sports complex." Unfortunately, it was not known by staff that the petitioner was a nonprofit organization, not a "commercially operated" sports complex. After the amendment was adopted, staff began working with the petitioner to issue an amusement game license and realized the rule change did not allow Starfire to operate amusement games.

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.

March 23, 2009

Susan Arland

Rules Coordinator

OTS-2101.1


AMENDATORY SECTION(Amending Order 625, filed 5/14/08, effective 7/1/08)

WAC 230-13-080   Operating coin or token activated amusement games.   (1) Coin or token activated amusement games must have nonresetting coin-in meters, certified as accurate to within plus or minus one coin or token in one thousand plays, which stop play of the machine if the meter is removed or disconnected when operating at:

(a) Amusement parks; or

(b) Regional shopping malls; or

(c) Movie theaters; or

(d) Bowling alleys; or

(e) Miniature golf course facilities; or

(f) Skating facilities; or

(g) ((Commercially operated)) Family sports complex, offering sports such as indoor and outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling; or

(h) Amusement centers; or

(i) Restaurants; or

(j) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas((; or

(k) Any premises that a charitable or nonprofit organization currently licensed to operate punch boards, pull-tabs, or bingo controls or operates)).

(2) All coin or token activated amusement games must have a coin acceptor capable of taking money for one play and may have an additional acceptor to include paper money.

(3) Operators using amusement games that do not return change must have a change-making bill acceptor or the ability to get change in the immediate vicinity of such games. All amusement games using paper money acceptors must either:

(a) Return change; or

(b) Clearly disclose to players before play that change is not returned and disclose to them where at the location they may get change.

[Statutory Authority: RCW 9.46.070. 08-11-036 (Order 625), 230-13-080, filed 5/14/08, effective 7/1/08; 07-21-116 (Order 617), 230-13-080, filed 10/22/07, effective 1/1/08; 07-15-064 (Order 612), 230-13-080, filed 7/16/07, effective 1/1/08.]


AMENDATORY SECTION(Amending Order 625, filed 5/14/08, effective 7/1/08)

WAC 230-13-135   Maximum wagers and prize limitations at certain amusement game locations.   The maximum wager is fifty cents and the maximum cost for a prize is two hundred fifty dollars if school-aged minors are allowed to play amusement games at the following locations:

(1) Regional shopping centers; and

(2) Movie theaters; and

(3) Bowling alleys; and

(4) Miniature golf course facilities; and

(5) Skating facilities; and

(6) ((Commercially operated)) Family sports complex, offering sports such as indoor and outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling; and

(7) Amusement centers; and

(8) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas; and

(9) Any business whose primary activity is to provide food service for on premises consumption.

[Statutory Authority: RCW 9.46.070. 08-11-036 (Order 625), 230-13-135, filed 5/14/08, effective 7/1/08; 07-15-064 (Order 612), 230-13-135, filed 7/16/07, effective 1/1/08.]


AMENDATORY SECTION(Amending Order 625, filed 5/14/08, effective 7/1/08)

WAC 230-13-150   Amusement game locations.   (1) Amusement game operators must obtain written permission to operate at any location from the person or organization owning the premises or sponsoring the event where the operator will hold the activity.

(2) Operators may only conduct commercial amusement games at:

(a) Locations set out in RCW 9.46.0331; and

(b) ((Commercially operated)) Family sports complex, offering sports such as indoor and outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling; and

(c) Skating facilities; and

(d) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas.

(3) Operators must conduct amusement games in conformance with local zoning, fire, health, and similar regulations.

[Statutory Authority: RCW 9.46.070. 08-11-036 (Order 625), 230-13-150, filed 5/14/08, effective 7/1/08; 07-15-064 (Order 612), 230-13-150, filed 7/16/07, effective 1/1/08.]

Washington State Code Reviser's Office