WSR 10-07-102

PERMANENT RULES

GAMBLING COMMISSION


[ Filed March 19, 2010, 11:58 a.m. , effective July 1, 2010 ]


Effective Date of Rule: July 1, 2010.

Purpose: This new rule outlines restrictions for class E, F, and house-banked card rooms that are adjacent to each other. This restriction would not apply to class E, F, and house-banked card rooms that are licensed on or before the effective date of this rule. RCW 9.46.0282 states the number of tables authorized shall be set by the commission but shall not exceed a total of fifteen separate tables per establishment. 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, are actually 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 provides guidance for applicants and staff to ensure card rooms are separate.

Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0282.

Adopted under notice filed as WSR 10-03-074 on January 19, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: March 19, 2010.

Susan Arland

Rules Coordinator

OTS-2880.5


NEW SECTION
WAC 230-06-046   Additional requirements for licensed business premises of class E, F, and house-banked card rooms.   (1) The licensed business premises of class E, F, and house-banked card rooms may not be adjacent to each other if each licensed business premises:

(a) Shares inside public access between the two licensed business premises; or

(b) Has employee access between the two licensed business premises visible to the public; or

(c) Shares windows or similar structures that allow customers to see into the other licensed business premises.

(2) Subsection (1) of this section does not apply to class E, F, and house-banked card room physical locations that have any of the features listed in subsection (1) of this section and were licensed on the effective date of this rule.

(3) Adjacent card rooms must post signs at each entrance that is accessible by the public to clearly notify customers of the licensed business premises' identity.

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Washington State Code Reviser's Office