WSR 12-09-044

PROPOSED RULES

GAMBLING COMMISSION


[ Filed April 13, 2012, 11:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-04-040.

Title of Rule and Other Identifying Information: WAC 230-15-040 Requirements for authorized card games.

Hearing Location(s): DoubleTree Guest Suites - SouthCenter, 16500 Southcenter Parkway, Seattle, WA 98662, (206) 575-8220, on July 12 or 13, 2012, 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/locations/start time.

Date of Intended Adoption: July 12 or 13, 2012. 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/locations/start time.

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 July 1, 2012.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by July 1, 2012, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The petitioner's proposed amendment would authorize a carryover pot in house-banked card games. Under current rules, a player's win or loss must be determined during the course of play of a single card game. The petitioner's amendment would provide an exception for carryover pots. A carryover pot is an optional pot that accumulates as a dealer and participating players contribute to the pot. The pot is not necessarily determined after one game and can be carried over to more than one game. Carryover pots will not carryover more than ten games. Participants will include at least one player and the dealer competing for the highest winning hand. Game rules will determine how the pot is distributed.

Reasons Supporting Proposal: See above.

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: ShuffleMaster, a licensed manufacturer, 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 rule change would not impose additional costs on any licensees. Licensees are not required to offer carryover pots in card games.

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.

April 13, 2012

Susan Arland

Rules Coordinator

OTS-4711.1


AMENDATORY SECTION(Amending Orders 656 and 656-A, filed 8/14/09 and 8/18/09, effective 9/14/09 and 9/18/09)

WAC 230-15-040   Requirements for authorized card games.   (1) In order for a card game to be authorized, ((the card game)) it must be approved by the director or the director's designee and must:

(a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and

(b) Offer no more than four separate games with a single hand of cards. However, no more than three of the games may offer a wager that exceeds five dollars each. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and

(c) Not allow side bets between players.

(2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.

(3) Players must:

(a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; and

(b) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager; and

(c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:

(i) An insurance wager placed in the game of Blackjack; or

(ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; or

(iii) A tip wager made on behalf of a dealer.

(4) Mini-Baccarat is authorized when operated in the manner explained for Baccarat in the most current version of The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games, or similar authoritative book on card games we have approved. However:

(a) Card game licensees may make immaterial modifications to the game; and

(b) Subsection (3) of this section does not apply; and

(c) The number of players is limited under WAC 230-15-055.

(5) A player's win or loss must be determined during the course of play of a single card game, except for a carryover pot game. A carryover pot is an optional pot that accumulates as dealer and participating players contribute to the pot. The winner of the pot is not necessarily determined after one game and the pot can be carried over to more than one game. Carryover pots must not carryover more than ten games. Participants must include at least one player and the dealer competing for the highest qualifying winning hand. Game rules must state how the pot is distributed.

[Statutory Authority: RCW 9.46.070 and 9.46.0282. 09-17-076 and 09-17-105 (Orders 656 and 656-A), 230-15-040, filed 8/14/09 and 8/18/09, effective 9/14/09 and 9/18/09. Statutory Authority: RCW 9.46.070. 08-21-086 (Order 632), 230-15-040, filed 10/14/08, effective 1/1/09; 07-09-033 (Order 608), 230-15-040, filed 4/10/07, effective 1/1/08.]

Washington State Code Reviser's Office