WSR 10-03-074

PROPOSED RULES

GAMBLING COMMISSION


[ Filed January 19, 2010, 8:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-20-089.

Title of Rule and Other Identifying Information: New section WAC 230-06-046 Additional requirements for licensed business premises of class E, F, or house-banked card rooms.

Hearing Location(s): Lacey Community Center, 6729 Pacific Avenue S.E., Lacey, WA 98503, (360) 491-0857, on March 12, 2010, at 9:00 a.m.

Date of Intended Adoption: March 12, 2010.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by February 22, 2010.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by February 22, 2010, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Staff has raised concerns as to whether two card rooms with fifteen tables each, located adjacent to each other, and owned by the same group or organization, appear as one large card room with thirty tables. The appearance of one large card room with thirty tables could be viewed as a violation of RCW 9.46.0282 (social card game definition) and as an unauthorized expansion of gambling in violation of the constitutional restriction found in Article II, Section 24. Staff has concerns over the potential increase in the number of locations similar to this and/or the potential of three or more card rooms owned by the same group or organization located adjacent to each other, thereby creating a perception of one large card room with forty-five or more tables.

This new rule will outline restrictions for class E, F, or house-banked card rooms that are adjacent to each other. Without these restrictions, licensed class E, F, and house-banked card rooms may appear to exceed the fifteen table limit by locating multiple licensed card rooms in a location where each establishment shares a common wall or structure. These restrictions do not apply to class E, F, or house-banked card rooms that are licensed on or before the effective date of this rule.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070.

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

Name of Proponent: Washington state gambling commission, governmental.

Name of Agency Personnel Responsible for Drafting: Michelle M. Pardee, Lacey, (360) 486-3465; 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. Pursuant to RCW 19.85.025 and 34.05.320, a small business economic impact statement has not been prepared because the proposed rule change would not impose costs on the licensees.

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.

January 15, 2010

Michelle M. Pardee

Acting Rules Coordinator

OTS-2880.2


NEW SECTION
WAC 230-06-046   Additional requirements for licensed business premises of class E, F, or house-banked card rooms.   (1) The licensed business premises of class E, F, or house-banked card rooms may be adjacent to each other if each licensed business premises:

(a) Shares no inside public access between the two licensed business premises; and

(b) Has no employee access between the two licensed business premises visible to the public; and

(c) Posts signs at each entrance that is accessible by the public that clearly notify customers of the licensed business premises' identity; and

(d) Does not share windows or similar structures that allow customers to see into the other licensed business premises.

(2) These restrictions do not apply to class E, F, or house-banked card room physical locations that have these features and were licensed on the effective date of this rule.

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Washington State Code Reviser's Office