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

     Purpose: The petitioner's request that bingo licensees have the ability to apply up to 49% of gambling taxes paid to local governments as a credit when computing expenses for adjusted cash flow requirements was approved. The purpose of the change is to help bingo licensees that maintain a positive cash flow throughout the year to remain in compliance, when gambling taxes paid to local governments push them out of compliance. A housekeeping amendment to change "license" year to "calendar" year to reflect current agency practice was also made.

     Citation of Existing Rules Affected by this Order: Amending WAC 230-10-380.

     Statutory Authority for Adoption: RCW 9.46.070.

      Adopted under notice filed as WSR 09-12-028 filed on May 26, 2009, and published June 17, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: August 14, 2009.

Susan Arland

Rules Coordinator

OTS-2325.4

AMENDATORY SECTION(Amending Order 610, filed 4/24/07, effective 1/1/08)

WAC 230-10-380   Relief reduction for minimum annual adjusted cash flow.   (1) If a bingo licensee fails to meet the minimum annual adjusted cash flow requirements for any ((license)) calendar year and has maintained a positive cash flow, the licensee may apply as a credit against the required adjusted cash flow up to forty-nine percent of gambling taxes paid to local governments.

     (2) If the licensee is still out of compliance, the director automatically grants relief, allowing ((a)) up to twenty-five percent reduction to the annual dollar amount of required adjusted cash flow for the year, excluding the relief available in subsection (1) of this section, in which the licensee is out of compliance.

     (((2))) (3) No licensee granted relief is eligible to receive relief for any of the four ((license)) years following the ((license)) calendar year for which the director granted the relief, pursuant to subsection (2) of this section.

[Statutory Authority: RCW 9.46.070. 07-10-033 (Order 610), § 230-10-380, filed 4/24/07, effective 1/1/08.]

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