Effective Date of Rule: July 1, 2009.
Purpose: The petitioner originally requested that poker managers at house-banked card rooms be prohibited from accepting tips from players or patrons. However, WAC 230-15-475 already prohibits poker managers and supervisors from receiving tips. The petitioner clarified that her intent is to only allow poker supervisors to receive tips. The petitioner's request was adopted at the May 2009 commission meeting.
Citation of Existing Rules Affected by this Order: Amending WAC 230-15-475.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 09-06-022 filed on February 23, 2009, and published March 18, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 18, 2009.
AMENDATORY SECTION(Amending Order 617, filed 10/22/07, effective 1/1/08)
WAC 230-15-475 Tips from players and patrons to card room employees. (1) House-banked card game licensees may allow selected employees to accept tips from players or patrons.
(2) If licensees allow house-banked card game dealers to accept tips, licensees must ensure that tips are controlled so that only authorized employees receive tips, that tips are properly accounted for, and that tips are maintained separately from all other gambling funds.
(3) Cage cashiers may accept tips. They must locate their tip containers outside the cage enclosure. Players or patrons must deposit the tips directly into the container. A shift or floor supervisor, security, or an accounting manager who does not work as a cashier must verify the tips cage cashiers receive.
(4) Employees directly concerned with management, supervision, accounting, security, or surveillance must not ask for, accept, or share any tip originating from players or patrons; however, this restriction does not apply to poker "floor supervisors."
(5) House-banked card game licensees must:
(a) Establish and implement procedures for the accounting of tips received by authorized card room employees.
(b) Fully document the procedures in their internal controls and describe in detail any methods used to allocate tips.
(c) Establish procedures necessary to ensure that the floor supervisor and surveillance observe card room employees accepting tips. Procedures must include an overt display of received tips, for example tapping the table with the tip before placing it in the tip container.
(6) Employees must:
(a) Drop all tips into a locked tip container which prevents the removal of tips except by unlocking the container. Tips may be accumulated on the table, exchanged into higher denomination chips, and then deposited into the tip container. Tip containers must remain under camera coverage of the closed circuit television system at all times; and
(b) Keep all tips received or pool them with tips of all card room employees according to the licensee's internal controls; and
(c) Redeem all tips received under surveillance at the cashier's cage; and
(d) Accurately report all tips to their employer as described in the licensee's internal controls.
(7) Licensees may determine whether employees must retain or pool tips among employees. Employees must redeem all pooled tips under surveillance at the cashier's cage, count room, or a gaming table.
[Statutory Authority: RCW 9.46.070. 07-21-116 (Order 617), § 230-15-475, filed 10/22/07, effective 1/1/08.]