WSR 09-15-072



[ Filed July 13, 2009, 9:03 a.m. ]

Supplemental Notice to WSR 09-11-090.

Preproposal statement of inquiry was filed as WSR 09-08-059.

Title of Rule and Other Identifying Information: Amending WAC 230-15-040 Authorizing new games or changing game rules.

Hearing Location(s): Mirabeau Park Hotel, 110 North Sullivan Road, Spokane, WA 99037, (509) 924-9000, on September 11, 2009, at 9:00 a.m.

Date of Intended Adoption: September 11, 2009.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by September 1, 2009.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by September 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 petitioner is requesting that the maximum number of games allowed within a single hand of cards be increased from three to six. He has stated verbally to staff that he wants the rule change because he plans to request approval of a new type of card game. His request was filed for discussion at the May 2009 commission meeting.

At their July 2009 meeting, the commission filed an alternative version of this rule that was proposed by the petitioner. This alternative would require that no more than three of the games offer a wager that exceeds five dollars each. Additionally, a housekeeping change was made: "Card" was added to subsection (1) to distinguish between a card game and a game played within a hand of cards.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0282.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Galaxy Gaming, Inc., private.

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.

July 13, 2009

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 632, filed 10/14/08, effective 1/1/09)

WAC 230-15-040   Requirements for authorized card games.   (1) In order for a game to be authorized, the game must:

(a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and

(b) Offer no more than ((three)) six separate games with a single hand of cards. However, no more than three of the games may offer a wager that exceeds five dollars each. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and

(c) Not allow side bets between players.

(2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.

(3) Players must:

(a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; and

(b) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager; and

(c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:

(i) An insurance wager placed in the game of Blackjack; or

(ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; or

(iii) A tip wager made on behalf of a dealer.

(4) Mini-Baccarat is authorized when operated in the manner explained for Baccarat in the most current version of The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games, or similar authoritative book on card games we have approved. However:

(a) Card game licensees may make immaterial modifications to the game; and

(b) Subsection (3) of this section does not apply; and

(c) The number of players is limited under WAC 230-15-055.

(5) A player's win or loss must be determined during the course of play of a single card game.

[Statutory Authority: RCW 9.46.070. 08-21-086 (Order 632), 230-15-040, filed 10/14/08, effective 1/1/09; 07-09-033 (Order 608), 230-15-040, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office