WSR 16-14-111
PROPOSED RULES
GAMBLING COMMISSION
[Filed July 6, 2016, 10:11 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-09-031.
Title of Rule and Other Identifying Information: Amending WAC 230-15-080 Authorized fees and authorized methods of collection and 230-15-135 Wagering limits for nonhouse-banked card games.
Hearing Location(s): The Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on September 8 or 9, 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: September 8 or 9, 2016.
Submit Written Comments to: Michelle Rancour, P.O. Box 42400, Olympia, WA 98504-2400, e-mail michelle.rancour@wsgc.wa.gov, fax (360) 486-3625, by September 1, 2016.
Assistance for Persons with Disabilities: Contact Julie Anderson by September 1, 2016, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Petitioner Teresa Malphrus is requesting the following rule changes:
•
Increase the maximum amount of a single wager on any authorized poker game, not just Texas Hold 'Em, from $40 to $100 at Class F and house-banked cardrooms; and
•
Allow Class F and house-banked cardrooms to assess players of nonhouse-banked card games a rake fee of up to ten percent of the pot with no limit. Currently, the rake cannot be more than $5 per hand or ten percent of the total wagers for a hand, whichever is less.
Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0201.
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 changes would allow higher wagering limits and higher fees (revenue) for businesses, both of which would be a benefit.
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 6, 2016
Michelle Rancour
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-09-033, filed 4/10/07, effective 1/1/08)
WAC 230-15-080 Authorized fees and authorized methods of collection.
Card game licensees must collect only one type of card game fee at a table at any given time. The following are authorized types of fees, the card game licensees who may use those fee types, and the methods of collection:
Authorized types of fees
Licensees authorized to use the fee types
Authorized methods of collection
Maximum amount to collect
(1)
Period of time - 
Class A, B, C, E, F
Direct collection;
or
Chip rack - Only allowed if licensed for three or fewer tables;
or
Drop box.
Not more than ten dollars per hour, per player.
 
(a)
Licensees must collect the fee at least once per hour at times the licensee chooses, for example, at thirty minute increments; and
 
(b)
Licensees must record all fees immediately after collection; or
 
(2)
Per hand played - 
Class F and house-banked
Drop box;
or
Chip rack - Only allowed if licensed for three or fewer tables.
Not more than one dollar per hand, per player.
(a)
Players must place fees charged on a per-hand basis in a designated area of the table and dealers must collect them before dealing the first round of cards; and
 
(b)
After collecting the fees, dealers must deposit all chips or coins in either the drop box or chip rack; or
 
(3)
Rake - 
Class F and house-banked
Drop box;
or
Chip rack - Only allowed if licensed for three or fewer tables.
Not more than ((five dollars per hand or)) ten percent of the total wagers for a hand((, whichever is less)).
(a)
Dealers must collect fees charged on the amounts wagered during the play of the hand and place the fees in a designated area of the table; and
 
(b)
Once dealers accumulate the maximum fee for a hand, they must spread the chips or coins to allow players and the surveillance system to view the amount collected. After spreading the chips or coins, the dealer deposits them in either the drop box or chip rack.
 
AMENDATORY SECTION (Amending WSR 12-21-048, filed 10/12/12, effective 1/1/13)
WAC 230-15-135 Wagering limits for nonhouse-banked card games.
Card room licensees must not exceed these wagering limits:
(1) Poker - 
(a) There must be no more than five betting rounds in any one game; and
(b) There must be no more than four wagers in any betting round, for example, the initial wager plus three raises; and
(c) The maximum amount of a single wager must not exceed ((forty dollars; however, class F and house-banked card game licensees may offer a single wager not to exceed)):
(i) One hundred dollars for ((the game of Texas Hold'em;)) class F and house-banked card game licensees; and
(ii) Forty dollars for all other card game licensees.
(2) Games based on achieving a specific number of points - Each point must not exceed five cents in value;
(3) Ante - No more than the maximum wager allowed for the first betting round for any game, except for Panguingue (Pan). The ante may, by house rule:
(a) Be made by one or more players, but the total ante may not exceed the maximum wager allowed for the first betting round; and
(b) Be used as part of a player's wager((;)).
(4) Panguingue (Pan) - The maximum value of a chip must not exceed ten dollars. An ante must not exceed one chip. We prohibit doubling of conditions. Players going out may collect no more than two additional chips for going out from each participating player.