Effective Date of Rule: Thirty-one days after filing.
Purpose: Dave & Buster's Inc., a restaurant/amusement game business that does not currently operate in Washington is looking into opening a new location in Washington. Dave & Buster's submitted a petition for rule change to increase amusement game wagering limits from $0.50 to $5 and prize limits from $250 to $500 for all locations listed in WAC 230-13-135. The commission filed the petition for discussion at their October 2010 commission meeting. At their January 2011 meeting, the commissioners voted 3:1 to increase prize limits from $250 to $500. However, they amended the petition and increased wager limits from $0.50 cents to $3.50, rather than the petitioner's requested proposal of $5.00 wager limits.
Citation of Existing Rules Affected by this Order: Amending WAC 230-13-135.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0331, 9.46.0201.
Adopted under notice filed as WSR 10-23-110 filed on November 17, 2010, published on December 1, 2010.
Changes Other than Editing from Proposed to Adopted Version:
|•||At their January 2011 meeting, the commissioners voted to amend the petition to increase wager limits from $0.50 cents to $3.50, rather than the petitioner's requested proposal of $5.00 wager limits.|
|•||Subsection (7) was not stricken as noted in WSR 10-23-110. Striking subsection (7) was an inadvertent typographical carry-over from a petition submitted by Funland Amusement Center (a licensed amusement center) the commission filed for discussion at their 9/10 meeting. Funland requested that wager limits be removed for amusement centers. It was not Dave & Buster's intent to strike subsection (7). Furthermore, at the January 2011 commission meeting, Funland withdrew their petition and testified in support of the Dave & Buster's petition.|
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 20, 2011.
AMENDATORY SECTION(Amending Order 650, filed 7/13/09, effective 8/13/09)
WAC 230-13-135 Maximum wagers and prize limitations at certain amusement game locations. The maximum wager is three dollars and fifty cents and the maximum cost for a prize is ((
two)) five hundred (( fifty)) dollars if school-aged minors
are allowed to play amusement games at the following
(1) Regional shopping centers; and
(2) Movie theaters; and
(3) Bowling alleys; and
(4) Miniature golf course facilities; and
(5) Skating facilities; and
(6) Family sports complexes.
(i))) (a) A "family sports complex" is a facility, at a
permanent location, to which people go to play sports. A
family sports complex must offer multiple sports activities,
such as indoor soccer, outdoor soccer, lacrosse, baseball,
Frisbee, and lawn bowling and the gross receipts must be
primarily from these sports activities.
(ii))) (b) A family sports complex does not include a
facility owned or operated by a school or school district; and
(7) Amusement centers; and
(8) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas; and
(9) Any business whose primary activity is to provide food service for on premises consumption.
[Statutory Authority: RCW 9.46.070. 09-15-067 (Order 650), § 230-13-135, filed 7/13/09, effective 8/13/09; 08-11-036 (Order 625), § 230-13-135, filed 5/14/08, effective 7/1/08; 07-15-064 (Order 612), § 230-13-135, filed 7/16/07, effective 1/1/08.]