WSR 09-11-108

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 19, 2009, 2:35 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Adds new sections WAC 36-12-165, 36-13-005, and 36-14-108, titled Event fees to be paid by promoter. A promoter shall pay an event fee equal to 5% of the gross receipts paid for admission to events as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on June 23, 2009, at 3:00 p.m.

Date of Intended Adoption: June 23, 2009.

Submit Written Comments to: Lawna Knight, Department of Licensing, Professional Athletics Program, P.O. Box 9026, Olympia, WA 98507, e-mail lknight@dol.wa.gov, fax (360) 664-2550, by June 22, 2009.

Assistance for Persons with Disabilities: Contact Lawna Knight by June 22, 2008 [2009], TTY (360) 664-8885 or (360) 664-6643.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SB 6126 was passed by the legislators and signed by the governor on May 8, 2009, with an effective date of July 26, 2009. This bill removed event fees in law and requires the department to set these fees in rule. The event fees have been set at the same rate as was in the law.

Reasons Supporting Proposal: Setting the event fees at the same rate in rule will allow the department and industry adequate time to evaluate the need for raising fees in order to make the program self supporting as required by SB 6126 (chapter 429, Laws of 2009).

Statutory Authority for Adoption: Chapter 429, Laws of 2009, (RCW 67.08.015).

Statute Being Implemented: Chapter 429, Laws of 2009, (RCW 67.08.015).

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Fees will become effective on July 26, 2009.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Trudie Touchette, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6650.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not have any different effect on the industry than the current law does now.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule revision. Washington state department of licensing is not a named agency, therefore exempt from the provision.

May 19, 2009

Ralph Osgood

Assistant Director

OTS-2404.1


NEW SECTION
WAC 36-12-165   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to five percent of the gross receipts paid for admission to events as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

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OTS-2405.1


NEW SECTION
WAC 36-13-005   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to five percent of the gross receipts paid for admission to events as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

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OTS-2406.1


NEW SECTION
WAC 36-14-108   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to five percent of the gross receipts paid for admission to events as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

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Washington State Code Reviser's Office