WSR 13-15-041
PROPOSED RULES
GAMBLING COMMISSION
[Filed July 11, 2013, 1:37 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-19-042.
Title of Rule and Other Identifying Information: New section WAC 230-03-061 Fingerprinting persons holding an interest in the building of a house-banked card room.
Hearing Location(s): Grand Mound Great WOld [Wolf] Lodge, 20500 Old Highway 99 S.W., Grand Mound, WA 98531, (360) 273-7718, on September 12 or 13, 2013, 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: September 12 or 13, 2013.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by September 1, 2013.
Assistance for Persons with Disabilities: Contact Gail Grate by September 1, 2013, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule brings the WAC into compliance with RCW 9.46.070(7) by requiring persons holding an interest in a building used for a gambling activity to undergo background checks. The rule describes "an interest" in a building used for a gambling activity as: (1) At least fifty-one percent; or (2) less than fifty-one percent "interest in the building" and having actual or potential influence or control of the operation of a house-banked card room.
House-banked card rooms that currently hold a license would be excluded from this new requirement, unless there is a change in persons holding an interest in the building or the house-banked card room changes location.
Statutory Authority for Adoption: RCW 9.46.070(7).
Statute Being Implemented: Not applicable
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; 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 has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule change does not impose additional costs on any businesses.
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.
July 11, 2013
Susan Newer
Rules Coordinator
NEW SECTION
WAC 230-03-061 Fingerprinting persons holding an interest in the building of a house-banked card room.
(1) Persons holding an "interest" in the building of a house-banked card room must undergo a national criminal history background check, including fingerprinting.
(2) An "interest" means:
(a) Having fifty percent or more ownership in the building used for the house-banked card room; or
(b) Having less than fifty percent ownership in the building used for the house-banked card room and actual or potential influence over the gambling activity.
(3) This requirement only applies to house-banked card rooms licensed after January 1, 2014.
(4) For house-banked card rooms licensed before January 1, 2014, this requirement applies when there is a change in:
(a) Persons holding an interest in the building; or
(b) Location of the house-banked card room.