WSR 09-15-067

PERMANENT RULES

GAMBLING COMMISSION


[ Order 650 -- Filed July 13, 2009, 8:39 a.m. , effective August 13, 2009 ]


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

Purpose: The amendments add family sporting complexes, whether operated by commercial or a charitable/nonprofit organization, as an authorized location to operate amusement games. The amendment also removes the restriction that a charitable or nonprofit organization must be licensed for bingo or punch board/pull-tabs in order to operate amusement games.

Citation of Existing Rules Affected by this Order: Amending WAC 230-13-150, 230-13-080, and 230-13-135.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 09-08-019 filed on March 23, 2009, and published April 15, 2009.

Changes Other than Editing from Proposed to Adopted Version: Housekeeping: "es" added to family sporting complexes. Language was added to clarify that a family sports complex does not include a facility owned or operated by a school or school district.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: July 13, 2009.

Susan Arland

Rules Coordinator

OTS-2101.5


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)) complexes.

(i) A "family sports complex" is a facility, at a permanent location, to which people go to play sports. A family sports complex must offer multiple sports activities, such as indoor ((and)) soccer, outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling and the gross receipts must be primarily from these sports activities.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; 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)) complexes.

(i) A "family sports complex" is a facility, at a permanent location, to which people go to play sports. A family sports complex must offer multiple sports activities, such as indoor ((and)) soccer, outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling and the gross receipts must be primarily from these sports activities.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; 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)) complexes.

(i) A "family sports complex" is a facility, at a permanent location, to which people go to play sports. A family sports complex must offer multiple sports activities, such as indoor ((and)) soccer, outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling and the gross receipts must be primarily from these sports activities.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; 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