WSR 09-24-012

PERMANENT RULES

GAMBLING COMMISSION


[ Order 664 -- Filed November 20, 2009, 12:59 p.m. , effective December 21, 2009 ]


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

Purpose: Clarify that when a person "represents" a manufacturer to sell, promote, or provide the manufacturer's gambling equipment, or supplies, or supervises someone that does, they must have a manufacturer representative license. Also allow restore a licensed manufacturer representative ability to represent more than one manufacturer at a time. Currently, this rule says a representative must represent only one manufacturer at a time. Also, clarify that manufacturers, distributors, and gambling service suppliers are responsible for ensuring their representatives have a gambling license.

Citation of Existing Rules Affected by this Order: Amending WAC 230-03-300, 230-03-330, and 230-16-001.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 09-19-060 on September 11, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.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: November 20, 2009.

Michelle M. Pardee

Acting Rules Coordinator

OTS-2607.1


AMENDATORY SECTION(Amending Order 457, filed 3/22/06, effective 1/1/08)

WAC 230-03-300   Applying for a manufacturer's representative license.   You must apply for a manufacturer's representative license if you ((are employed by a licensed manufacturer to)) sell, promote, or provide ((that)) a manufacturer's gambling equipment, or supplies, or you supervise those who do.

[Statutory Authority: RCW 9.46.070. 06-07-157 (Order 457), 230-03-300, filed 3/22/06, effective 1/1/08.]

OTS-2609.2


AMENDATORY SECTION(Amending Order 457, filed 3/22/06, effective 1/1/08)

WAC 230-03-330   Representing ((only)) one ((employer at a time)) or more licensed businesses.   (1) If you are a licensed distributor representative, gambling service supplier representative, or a linked bingo prize provider representative or applying for ((a)) one of these representative licenses, you must represent only one licensed ((manufacturer,)) distributor, gambling service supplier, or linked bingo prize provider at a time.

(2) If you are a licensed manufacturer representative, you may represent more than one licensed manufacturer.

(3) If the owner you ((work for)) represent owns more than one licensed business, you may represent the owner in all those licensed businesses, including licensed manufacturers, without applying for another representative license.

[Statutory Authority: RCW 9.46.070. 06-07-157 (Order 457), 230-03-330, filed 3/22/06, effective 1/1/08.]

OTS-2610.2


AMENDATORY SECTION(Amending Order 615, filed 9/17/07, effective 1/1/08)

WAC 230-16-001   Manufacturers, distributors, and gambling service suppliers must ((comply with all requirements)) ensure representatives are licensed.   ((Manufacturers, distributors, and gambling service suppliers and their licensed representatives must ensure that their business operations, services, and the gambling equipment they manufacture, distribute, or sell comply with chapter 9.46 RCW and TITLE 230 WAC.)) (1) A licensed manufacturer, distributor, or gambling service supplier must not allow an unlicensed person to sell, promote, or provide its gambling equipment, or supplies, or to supervise those who do, and must take all measures necessary to prevent an unlicensed person from doing so.

(2) A licensed manufacturer must notify us in writing before a manufacturer representative begins representing them.

[Statutory Authority: RCW 9.46.070. 07-19-069 (Order 615), 230-16-001, filed 9/17/07, effective 1/1/08.]

Washington State Code Reviser's Office