WSR 11-11-081

PROPOSED RULES

GAMBLING COMMISSION


[ Filed May 17, 2011, 3:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-07-109.

Title of Rule and Other Identifying Information: WAC 230-15-050 Minimum cash on hand requirements.

Hearing Location(s): Vancouver Heathman Lodge, 7801 Greenwood Drive, Vancouver, WA 98662, on August 11 or 12, 2011, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

Date of Intended Adoption: August 11 or 12, 2011.

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 August 1, 2011.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by August 1, 2011, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Victor Mena, representing Washington Gold Casinos, has submitted a petition for rule change requesting that house-banked card room licensees offering a large prize be authorized to keep funds greater than $30,000 in a separate bank account, rather than at their business premises. The petition was filed for further discussion at the May 2011 commission meeting.

Reasons Supporting Proposal: The petitioner states in his letter that safety is the reason for the proposed rule change. The petitioner verbally stated to staff that he offers a house-banked card game, which has a current prize of $100,000. He doesn't believe it is safe to have all the cash to pay the prize at the premise because it raises the risk of theft and possible robbery. Also, there is a risk to player(s) that win the prize and are paid in cash.

Statutory Authority for Adoption: RCW 9.46.070, 9.46.0282.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Victor Mena, representing Washington Gold Casinos, private.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; 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. A small business economic impact statement was not prepared because the proposed rule change does not impose more than minor costs, as defined in chapter 19.85 RCW, to 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.

May 17, 2011

Susan Arland

Rules Coordinator

OTS-3968.1


AMENDATORY SECTION(Amending Order 640, filed 1/9/09, effective 2/9/09)

WAC 230-15-050   Minimum cash on hand requirements.   (1) Card game licensees must have sufficient cash on hand to redeem all chips issued for play and pay out all prizes.

(2) Within three hours of opening for the business day, at a time included in the internal controls, house-banked card game licensees must have at least the following minimum amount of cash on premises in their cage, safe, and vault combined:

(a) One thousand dollars for each house-banked table on the gambling floor; plus

(b) The amount of the largest single prize available, excluding jackpot prizes when WAC rules require a deposit into a separate bank account (for example, player-supported jackpots and progressive jackpots). If the amount of the largest single prize available is over thirty thousand dollars, the licensee may keep any balance over thirty thousand dollars in a separate bank account. A licensee must keep a separate bank account for each business premises.

For example: If a house-banked card room has fifteen house-banked tables and a largest single prize of twenty-three thousand dollars, before opening, the ((cage)) licensee must have at least thirty-eight thousand dollars on hand: 15 tables x $1,000 = $15,000 + largest single prize of $23,000 =$38,000.

(3) Except for the restrictions on player-supported jackpot pay outs in WAC 230-15-405 and progressive jackpot pay outs in WAC 230-15-690, licensees may pay prizes by check if sufficient funds are available on deposit.

(4) Failure to keep funds to cash in chips, pay prizes, or redeem gambling related checks is prima facie evidence of fraud. Meeting the minimum cage cash amount does not relieve the licensee from the requirement to have sufficient funds available to redeem all chips and pay out all prizes.

[Statutory Authority: RCW 9.46.070. 09-03-024 (Order 640), 230-15-050, filed 1/9/09, effective 2/9/09; 07-23-081 (Order 620), 230-15-050, filed 11/20/07, effective 1/1/08; 07-09-033 (Order 608), 230-15-050, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office