WSR 16-18-029 PERMANENT RULES GAMBLING COMMISSION [Filed August 26, 2016, 11:55 a.m., effective September 26, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed change would allow house-banked card rooms to be open twenty-four hours a day, seven days a week. Before, house-banked card rooms could be open twenty-four hours a day, five days a week. On the remaining two days, they were required to be closed for a four hour period.
Citation of Existing Rules Affected by this Order: Amending WAC 230-15-025.
Adopted under notice filed as WSR 16-12-113 on June 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 11, 2016.
Michelle Rancour
Acting Rules Coordinator
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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