WSR 14-21-079 PERMANENT RULES GAMBLING COMMISSION [Order 707—Filed October 13, 2014, 10:21 a.m., effective January 1, 2015] Effective Date of Rule: January 1, 2015.
Purpose: 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 change allows 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 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 change clarifies the records custodian is responsible for retaining all raffle records in Washington state after the raffle has been completed. The change requires 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 change requires organizations to include the following in their request:
The change also requires records approved to be maintained outside of Washington state to be delivered to us within seven days of our request.
Citation of Existing Rules Affected by this Order: Amending WAC 230-06-045 and 230-11-105.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0277.
Adopted under notice filed as WSR 14-17-061 on August 15, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 9, 2014.
Arlene K. Dennistoun
Staff Attorney
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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