Preproposal statement of inquiry was filed as WSR 99-03-014.
Title of Rule: WAC 260-75-020 Satellite locations applications and 260-75-030 Satellite location policies and procedures.
Purpose: Additional language, bring into conformance with accepted model rules.
Statutory Authority for Adoption: RCW 67.16.040.
Summary: Add language to chapter to further describe procedural language to application process.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: To add language to chapter to further define application process for adding satellites to live race tracks schedule.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Doubletree Hotel at SeaTac, 18740 Pacific Highway South, Seattle, WA, on February 26, 2000, at 10:00 a.m.
Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 7912 Martin Way, Suite D, Olympia, 98516, fax (360) 459-6461, by February 25, 2000.
Date of Intended Adoption: February 26, 2000.
January 19, 2000
by Patty Sorby
Each application for a satellite location from a racing association shall be submitted on the satellite application form provided by the commission. The application form must be completed in every respect, containing all the information and attachments requested. The application includes an association satellite application, satellite location application and a satellite location application--personal history statement.
(1) The association satellite application is to be completed by the sponsoring association.
(2) The satellite location is to be completed by the proposed satellite location. The application shall be signed under oath by an individual attesting that the information set forth in the application and any accompanying materials is true, accurate and complete. The following person(s) shall sign the application: (a) The highest ranking officer/official of a charitable, nonprofit or profit seeking corporation;
(b) The principal owner of a sole proprietorship;
(c) All partners of a partnership or general partner of a limited partnership; and
(d) The executive secretary may also require the following persons to sign the application:
(i) The chairman of the board of directors or trustees;
(ii) The person in charge of financial records; and/or
(iii) Persons with a substantial interest in the applicant business or charitable/nonprofit organization.
(3) The satellite location application--personal history statement is to be completed by each individual owner and spouse or each officer of the of a charitable, nonprofit or profit seeking corporation and any stockholder having 10% or more corporate stock.
(4) The commission will consider only those applications that have been fully completed. The following reasons will cause an application to be incomplete:
(a) Failure to provide all information requested on the application form and/or attachments;
(b) Failure to provide supplemental information requested during the application investigation;
(5) The commission may disclose to the public or discuss at a public meeting all information set forth in the application and all supplemental information submitted subject to the exemptions in chapter 42.17 RCW and other applicable laws including, but not limited to, chapter 10.97 RCW: Provided, That consistent with chapter 10.97 RCW, the commission may disclose conviction data of an applicant or licensee.
(6) In addition to other information required by the commission, each applicant shall provide the following information on or attached to the application:
(a) Copy of corporate applicants' articles of incorporation and bylaws; or, if not a corporation, a copy of any bylaws and other documents which set out the organizational structure and purposes of the organization;
(b) A copy of a nonprofit or charitable applicant's Internal Revenue Service tax exemption letter if one has been obtained;
(c) Details and copies of all lease or rental arrangements, whether oral or written, between the applicant and the owner of premises upon which the satellite activity will be conducted, if such premises are leased or rented.
(7) Before each race meet, on a form approved by the commission, the association shall submit a renewal application for each satellite location.
(8) An association shall inform the commission immediately if any changes are made to the original application.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Satellite location policies and procedures.
(1) Each association shall develop internal control policies and procedures for its satellite locations. These procedures shall include controls for satellite location assets including maintaining a log of daily cash balances. The policies and procedures shall be filed with the commission.
(2) Each satellite location shall have a location manager designated by the host racing association. All location managers and mutuel clerks shall be licensed by the commission. The host association shall not activate any terminal for any person that is not currently licensed or approved by the commission.
(3) All satellite locations shall be periodically reviewed by the commission to ensure that the internal control policies and procedures are followed. This may include a review of the log of cash balances, including conducting a physical count of the cash balance by a commission official.