WSR 16-12-113 PROPOSED RULES GAMBLING COMMISSION [Filed June 1, 2016, 11:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-07-122.
Title of Rule and Other Identifying Information: Amending WAC 230-15-025 Hours of play, 230-06-030 Restrictions and conditions for gambling promotions, and 230-06-031 Using wheels in promotional contests of chance, fund-raising events, or gambling activities—Promotional contests of chance (PCOC).
Hearing Location(s): Red Lion, 18220 International Boulevard, Seattle, WA 98188, (206) 246-5535, on July 14 or 15, 2016, at 11:30 a.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: July 14 or 15, 2016.
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 July 1, 2016.
Assistance for Persons with Disabilities: Contact Julie Anderson by July 1, 2016, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Hours of Play: The proposed change would allow house-banked card rooms to be open twenty-four hours a day, seven days a week. Currently, house-banked card rooms can be open twenty-four hours a day, five days a week.
Promotions: The proposed change would allow a broader range of promotions; for example, these changes would:
Use of Wheels in Promotions: The proposed change would allow card room licensees to use spinning wheels in conjunction with promotions they offer to customers.
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: Tina Griffin, Assistant Director, Lacey, (360) 486-3546; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; and Enforcement: Josh Stueckle, Acting Agent-in-Charge, Spokane, (509) 325-7909.
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 changes would not impose additional costs. The rule changes would allow operators more opportunities for hours of operation and for promotions.
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.
May 31, 2016
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-17-056, filed 8/15/14, effective 9/15/14)
WAC 230-06-030 Restrictions and conditions for gambling promotions.
Licensees may conduct gambling promotions to encourage players to participate in the ((a)) gambling activity they are licensed to conduct without our review or approval under these restrictions and conditions:
(1) You must give all players an equal opportunity to participate; allowing entries based on criteria, for example, time played or promotions for groups, such as "Ladies' Night" are allowed; and
(2) You must establish rules and restrictions to determine how you will give promotional prizes and items to players. ((You must not give the items based on an element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game)); and
(3) You must display all rules and restrictions clearly in the gambling area and include them on promotional materials or advertisements; and
(4) Except for members-only progressive raffles conducted as authorized in WAC 230-11-091, you must not give another chance to participate in a gambling activity we regulate as a promotional item; and
(5) As part of a gambling promotion, you may add additional merchandise or cash prizes, including increasing payouts, for gambling activities you are licensed to conduct; and
(6) Licensed manufacturers, distributors, and service suppliers may give cash or merchandise items to licensed operators to be used as promotional prizes; and
(7) You must not give promotional prizes based on additional elements of chance, except:
(a) Licensed bingo operators may give items as part of a bingo game based on an element of chance, such as a drawing or spinning wheel;
(b) Licensed card rooms may only use physical drawings, spinning a wheel, or selecting from a group of concealed items; and
(8) You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings. AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)
WAC 230-06-031 Using wheels in promotional contests of chance, fund-raising events, or gambling activities.
Promotional contests of chance (PCOCs)
(1) Operators may use wheels specifically manufactured for a promotional contest of chance (PCOC), whether commercially made or home made.
(2) Operators must not use professionally manufactured wheels made specifically for gambling activities (for example, Big 6 Wheels) in PCOCs unless they receive permission ahead of time from us.
Fund-raising events
(3) Operators may use commercially made wheels in gambling activities for fund-raising events.
Separation of PCOCs from gambling activities and promotions
(4) No wheel may be used in conjunction with their gambling activities by((:
(a) Card room licensees; or
(b))) pull-tab licensees.
Card rooms, pull-tabs, bingo, raffles
(5) Licensees and operators must not use professionally manufactured wheels made specifically for gambling activities (for example, Big 6 Wheels) in:
(a) Bingo; or
(b) Card games; or
(c) Pull-tabs.
(6) Operators may use commercially made or home made wheels as part of drawings for prizes, good neighbor prizes, or second element of chance prizes as part of bingo games, as set out in WAC 230-10-280 or to award promotional prizes on card games as set out in WAC 230-06-030.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings. AMENDATORY SECTION (Amending WSR 14-11-021, filed 5/9/14, effective 7/1/14)
WAC 230-15-025 Hours of play.
(1) Licensees may ((only)) allow the use of their premises for card playing ((between the hours of 2:00 a.m. and 6:00 a.m.)) twenty-four hours a day with written approval from us.
(2) After we have received a written request, we will consult with the local law enforcement agency with jurisdiction over the licensee's business and with other state agencies involved in regulation of the business.
(3) After you have received written approval to operate ((between the hours of 2:00 a.m. and 6:00 p.m.)) twenty-four hours a day you may change your hours of operation without further approval from us. Class F and house-banked card rooms must include their hours of operation in their internal controls.
(4) You must also meet the following requirements:
(a) Open the food and/or drink business being stimulated to the public for business any time licensees are conducting card games; and
(b) ((Observe a four-hour period of closure at the end of at least two business days a week before beginning the next period of operation; and
(c))) Comply with any other terms and conditions we require.
(5) We may deny the request for extended hours or revoke hours already approved if:
(a) The local law enforcement agency or a state agency objects; or
(b) We determine that the licensee has violated any provisions of chapter 9.46 RCW, any other commission rule, or any of the terms of our approval.
(6) Licensees must submit all objections to revocations of operating hours in writing.
(7) If requested, we allow the licensee an opportunity for a brief adjudicative proceeding (BAP) before denying or revoking the licensee's authorization for extended card game hours. An administrative law judge hears the BAP, under the provisions of Title 230 WAC and chapter 34.05 RCW.
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