WSR 13-23-041 PROPOSED RULES GAMBLING COMMISSION [Filed November 15, 2013, 8:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-120.
Title of Rule and Other Identifying Information: WAC 230-15-040 Requirements for authorized card games.
Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on February 13 or 14, 2014, 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: February 13 or 14, 2014.
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 February 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by February 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Staff is proposing an amendment to clarify the rule to allow more than one "envy" and "share the wealth" "bonus features" to be offered in a single card game. Staff proposes adding definitions and clarifications to bring agency rules in-line with current practice.
Adding new definitions for:
(1) "Separate game";
(2) "Bonus features"; and
(3) "Envy" and "share the wealth" "bonus features."
Clarifying that:
(4) Card games and "bonus features" must be approved by the director or the director's designee;
(5) The prize in a "bonus feature" is based on achieving the predetermined specific hand;
(6) "Bonus features" may not be combined with a progressive jackpot;
(7) Approved card games must be operated as documented on our agency web site;
(8) Only one player may place a wager per wager area in the game of Mini-Baccarat;
(9) Other game features that do not require a separate wager are considered "bonus features"; and
(10) For variations of the game of Pai Gow Poker, a player may bank every other hand as authorized in approved card game rules.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0282.
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 because the rule change would not impose additional costs on any licensees. Licensees are not required to offer "envy" and/or "share the wealth" "bonus features."
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.
November 15, 2013
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-15-044, filed 7/13/12, effective 8/13/12)
WAC 230-15-040 Requirements for authorized card games.
(1) In order for a card game to be authorized, 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,)) and no more than three of the "separate 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))) (i) "Separate game" means each individual objective to be achieved within a card game that requires a separate wager and results in a distinct and separate payout based upon the outcome.
(ii) Progressive jackpots are considered "separate games."
(c) Identify "bonus features" to be allowed in each card game:
(i) "Bonus feature" means an added prize and/or variation based on achieving the predetermined specific hand required to win the prize and does not require a separate wager. More than one "bonus feature" may be offered per card game. A "bonus feature" must not be combined with a progressive jackpot. Examples include, but are not limited to, "envy" and "share the wealth" "bonus features" when operated as described below.
(ii) A "bonus feature" is not considered a separate game.
(d) Operate "envy" and "share the wealth" "bonus features" as follows:
(i) If a player makes a wager that qualifies for an "envy" "bonus feature" payout, they are entitled to receive a prize if another player's hand achieves the predetermined specific hand. If a player is playing more than one wagering area or if a hand they are playing is split into two or more hands and any one of their hands achieves the predetermined specific hand, their other hand with a qualifying wager is entitled to receive a prize also.
(ii) If a player makes a wager that qualifies for a "share the wealth" payout, they are entitled to receive a prize if their hand(s) or another player's hand(s) achieves the predetermined specific hand.
(e) 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, except as authorized in approved card game rules for variations of the game of Pai Gow Poker where a player may bank the game every other hand; 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)) "bonus features"; 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, and as further described in the commission approved game rules on our web site. 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 and only one player may place a wager per wager area.
(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 a 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. If the carryover pot has not been won by the tenth game, the dealer will divide it equally between the remaining players still participating in the pot and the house or, if allowed by game rules, only the players still participating in the pot.
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