WSR 14-17-061 PROPOSED RULES
GAMBLING COMMISSION
[Filed August 15, 2014, 9:06 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-081.
Title of Rule and Other Identifying Information: WAC 230-06-045 Conducting gambling activities on licensed business premises only and 230-11-105 Retain and store raffle records.
Hearing Location(s): Spokane Davenport Hotel, 10 South Post Street, Spokane, WA 99201, (509) 455-8888, on October 9 or 10, 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: October 9 or 10, 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 October 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by October 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These two rules were identified as needing amendments to bring them inline with current agency practice.
WAC 230-06-045, this rule requires licensees to conduct all gambling activities on the licensed premises with the exception of raffle ticket sales. The proposed change would allow all aspects of a raffle to be conducted off the licensed premises not just ticket sales. Currently most raffle drawings do not take place on the licensed premise[s] and some cannot be conducted there, like the alternative format duck race raffles.
WAC 230-11-105, this rule states that organizations operating raffles that do not have an administrative or business office must have a records custodian that resides in Washington state. The proposed change would clarify the records custodian is responsible for retaining all raffle records in Washington state after the raffle has been completed. The change would require the name, address, and phone number of the records custodian to be reported to us.
Organizations may maintain raffle records outside the state of Washington if they submit a written request. The proposed change requires organizations to include the following in their request:
The proposed change also requires records approved to be maintained outside of Washington state to be delivered to us within seven days of our request.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0277.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
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 was not prepared because the rule change would not impose additional costs.
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.
August 15, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-17-132, filed 8/22/06, effective 1/1/08)
WAC 230-06-045 Conduct gambling activities on licensed business premises only.
(1) Licensees must conduct all gambling activities, except for raffles ((ticket sales)), on the licensed business premises.
(2) Charitable or nonprofit organizations licensed to conduct bingo and punch board and pull-tab games may sell punch boards and pull-tabs to customers of a licensed card room if the charitable or nonprofit organization:
(a) Shares a common wall with the card room; and
(b) Controls all doors, counters, or windows allowing customer access through the common wall between the two premises and the charitable or nonprofit organization can securely close and lock the doors, counters, or windows; and
(c) Keeps and sells the punch board and pull-tab games and redeems prizes only on their licensed business premises. Punch board and pull-tab players may take already purchased punch boards and pull-tabs into the card room area; and
(d) Allows only its employees to sell the punch board and pull-tabs; and
(e) Posts signs at the door, window, or counter common to the two business premises that clearly notify customers of the organization's identity.
AMENDATORY SECTION (Amending WSR 06-20-040, filed 9/26/06, effective 1/1/08)
WAC 230-11-105 Retain and store raffle records.
(1) Records for unlicensed raffles must be kept for one year following the date of the raffle drawing.
(2) Records for licensed raffles must be kept for three years from the end of the licensees' fiscal year in which the raffle was completed.
(3) Organizations must keep all records at the main administrative or business office of all organizations that are located in Washington and have the records available for our review or audit.
(4) Organizations that do not have an administrative or business office must have and designate a records custodian that resides in Washington. The records custodian is responsible for retaining all raffle records in Washington state after the raffle has been completed. The organization will provide us with the following information:
(a) The name, address, and telephone number of the records custodian; and
(b) The address of the location where records will be maintained.
(5) We may allow an organization to maintain records outside the state of Washington if the organization submits a written request. We may withdraw this permission at any time. The request must include the following information:
(a) The reason records need to be maintained outside of the state of Washington;
(b) The name, address, and telephone number of the records custodian; and
(c) The address of the location where records will be maintained.
(6) Records approved to be maintained outside the state of Washington must be delivered to us within seven days of our request.
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