WSR 18-11-058 PERMANENT RULES GAMBLING COMMISSION [Filed May 10, 2018, 4:11 p.m., effective July 1, 2018] Effective Date of Rule: July 1, 2018. Purpose: The rule changes were requested by a licensee through a rule petition. The following negotiated changes are made: (1) Approval of preshuffled cards to be used only in mini-baccarat; (2) new approval process for preshuffled card manufacturers only; and (3) new process for the manufacturing of preshuffled cards, including approval of shuffling device used to preshuffle cards, inspection and verification methods, and quality control standards. Citation of Rules Affected by this Order: New WAC 230-06-053 Approval to provide preshuffled cards and 230-16-158 Preshuffled cards; and amending WAC 230-15-115 Standards for cards. Statutory Authority for Adoption: RCW 9.46.070. Adopted under notice filed as WSR 18-08-085 on April 4, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 1, Amended 2, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: May 10, 2018. Brian J. Considine Legal and Legislative Manager
NEW SECTION
WAC 230-06-053 Approval to provide preshuffled cards.
(1) Licensed manufacturers must obtain approval by the director or director's designee prior to selling preshuffled cards in Washington.
(2) Manufacturers must ensure quality control of the preshuffled cards to protect players or licensees. To obtain approval, manufacturers must submit in writing to us the following for our review:
(a) An overview of the product;
(b) Site security provided at the facility;
(c) Procedures utilized to ensure the preshuffled process;
(d) Procedures utilized to ensure randomness;
(e) Procedures to detect irregularities;
(f) A deposit to cover the cost of our review, which may include an on-site review to verify the above; and
(g) Identify the automated shuffling device used to preshuffle cards.
(3) Manufacturers must comply with all rules regarding preshuffled cards.
(4) If you do not agree with the director or director's designee's decision, you may file a petition for declaratory order with the commission according to RCW 34.05.240 and chapter 230-17 WAC.
AMENDATORY SECTION (Amending WSR 18-05-029, filed 2/9/18, effective 7/1/18)
WAC 230-15-115 Standards for cards.
(1) Card game licensees must:
(a) Supply cards of conventional size and design to maximize the integrity of the card games; and
(b) Safeguard all cards; and
(c) Not allow cards that have been modified or marked in any manner.
(2) For Class F, house-banked, and nonhouse-banked card game licensees that play poker or other games approved by the director or the director's designee and collect a fee to play, the cards must:
(a) Be made by a licensed manufacturer; and
(b) Be purchased from a licensed manufacturer or distributor.
(3) Cards with the house name or logo must be used for house-banked card games.
(4) Preshuffled cards, as approved by the director or the director's designee, can be used for mini-baccarat and approved proprietary variations of mini-baccarat in accordance with approved internal controls.
NEW SECTION
WAC 230-16-158 Preshuffled cards.
Manufacturers of preshuffled cards must:
(1) Obtain approval from the director or director's designee for the automated shuffling device used to preshuffle cards; and
(2) Implement a process for producing, shuffling, and packaging preshuffled cards which will, at a minimum, include:
(a) Visual inspection of the back of each card to assure that it is not flawed, scratched or marked in any way that might compromise the integrity or fairness of the game;
(b) Verification that each package of cards contains the correct number of suits and is constituted in accordance with the specific rules of the game the cards are intended for use;
(c) Inserting the cards in a package with a tamper-proof package seal(s) that bears the conspicuous indication if the package has been opened. The exterior of the package will indicate:
(i) The total number of decks contained within the package; and
(ii) The game(s) the cards are intended for use; and
(iii) The color of the preshuffled cards.
(d) Generation of a receipt to be inserted in the sealed package or a label on the sealed package, which shall include the following information:
(i) The total number of cards and decks contained within the package. If using an exterior label, this information will suffice for (c)(i) of this subsection;
(ii) The date and time the preshuffled cards were shuffled, packaged, and verified;
(iii) Identification of the manufacturer's employee who shuffled, packaged, and verified the cards; and
(iv) The manufacturer, model and serial number of the production line or device used to shuffle the cards.
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