Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-15-098.

     Title of Rule and Other Identifying Information: Amending WAC 230-40-825 Closed circuit television system -- House-banking.

     Hearing Location(s): Red Lion Hotel - Yakima Center, 607 East Yakima Avenue, Yakima, WA 98901, (509) 248-5900, on November 19, 2004, at 9:30 a.m.

     Date of Intended Adoption: November 19, 2004.

     Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail Susana@wsgc.wa.gov, fax (360) 486-3625, by November 1, 2004.

     Assistance for Persons with Disabilities: Contact Shirley Corbett by November 1, 2004, TTY (360) 486-3637 or (360) 486-3447.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, this rule requires winning hands in excess of $500 to be verified by surveillance. Mr. Dayton submitted a petition for rule change to raise the winning amount to be verified from $500 to $1,000. He says that "on busy days, so many winning hands are verified that it is exhausting for floor supervisors and surveillance observers, and prohibits them from sufficiently protecting the assets of the card room and upholding other rules."

     Reasons Supporting Proposal: The agency rules team has taken an initial look at the petition and is not concerned that the change would reduce player protection or increase cheating. However, the team is collecting comments from staff and will provide a recommendation, regarding the petition, at the September commission meeting.

     Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0282.

     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: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Neal Nunamaker, Deputy Director, Lacey, (360) 486-3452.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

Susan Arland

Rules Coordinator

Camera coverage.

     (1) The following areas are required to be viewed by the CCTV system:

     (a) All gaming at each table including, but not limited to, the following:

     (i) Cards;

     (ii) Wagers;

     (iii) Chip tray;

     (iv) Drop box openings;

     (v) Card shoe;

     (vi) Shuffling devices; and

     (vii) Players and dealers.

     (b) All activity in the pits.

     (c) All activity in the cashier's cage including, but not limited to, the:

     (i) Outside entrance;

     (ii) Fill/credit dispenser;

     (iii) Customer transactions;

     (iv) Cash and chip drawers;

     (v) Vault/safe;

     (vi) Storage cabinets;

     (vii) Fill or credit transactions; and

     (viii) Floor.

     (d) All activity in the count room including, but not limited to, the:

     (i) Count table;

     (ii) Floor;

     (iii) Counting devices;

     (iv) Trolley;

     (v) Drop boxes;

     (vi) Storage shelves/cabinets; and

     (vii) Entrance and exits.

     (e) The movement of cash, gaming chips, and drop boxes.

     (f) Entrances and exits to the card room.

Camera requirements.

     (2) The CCTV system shall consist of light sensitive cameras including those with pan, tilt, and zoom (PTZ) capabilities having the ability to determine card and chip values and the configuration of wagers at each gaming table. Each video camera shall be capable of having its images displayed on a video monitor and recorded. Cameras shall be installed in a manner that will prevent them from being readily obstructed, tampered with, or disabled by patrons or employees. PTZ cameras shall be placed behind a smoked dome, one-way mirror or similar materials that conceal the camera from view. Installed cameras shall cover the areas required by this rule and shall include at a minimum:

     (a) At least one fixed camera focused over each gaming table covering the entire layout;

     (b) A sufficient number of fixed and/or PTZ cameras permanently programmed for the purposes of monitoring players and dealers at each gaming table. The PTZ cameras must be capable of viewing each patron and dealer at each gaming position at least once every five minutes;

     (c) A sufficient number of PTZ cameras for the purpose of determining the configuration of wagers and card values at each gaming table. Any time a winning wager, including jackpot or bonus payouts in excess of ((five hundred)) one thousand dollars are won, surveillance shall utilize this camera to verify the winning hand, the amount of the wager, and the player who won the prize. Each licensee shall have documented procedures in their internal controls stipulating the manner in which this will be carried out;

     (d) A sufficient number of fixed and/or PTZ cameras in the cage(s);

     (e) A sufficient number of fixed and/or PTZ cameras in the count room; and

     (f) Any other location as deemed necessary by commission staff.

Video recording equipment requirements.

     (3) Video recording equipment shall meet the following requirements:

     (a) Analog recording, including audio recording where required, using a video cassette recorder, shall comply with the following requirements:

     (i) Images shall be recorded at a rate of not less than twenty frames per second on standard VHS format; and

     (ii) Recorded images shall accurately reflect the time and date of the video recording. If multiple time and date generators are used, they shall be synchronized to the same time and date; or

     (b) Digital recording, including audio recording where required, using a hard drive storage system, shall comply with the following requirements:

     (i) All images shall be recorded on a hard drive;

     (ii) Recording systems shall be locked by the manufacturer to disable the erase and reformat functions to prevent access to system data files;

     (iii) The system must provide uninterrupted recording of surveillance, this shall include during playback or copying;

     (iv) Recording systems shall be capable of copying original images maintaining the original native format;

     (v) Images shall be stored at a rate of not less than twenty-five images per second;

     (vi) Resolution shall be 640 x 480 or higher;

     (vii) Images shall be stored in a format that is readable by commission computer equipment;

     (viii) Images shall be stored in a format that contains a method to verify the authenticity of the original recording and copies;

     (ix) Recorded images shall include the accurate time and date the video was originally recorded;

     (x) Previously recorded material may be overwritten after seven continuous days of gaming; and

     (xi) Recording systems shall be equipped with an uninterruptible power source to allow a proper system shutdown.

Use of multiplexing and quad recording devices.

     (4) Multiplexing/quad recording devices may only be used for external surveillance, movement of drop boxes between tables and the count room, and on entrances and exits: Provided, That split screen devices may be utilized for areas not required to have surveillance coverage.

Recording of illegal or suspicious activities.

     (5) Illegal or suspicious activities within the monitored portion of the licensed premises shall be reported to commission staff, pursuant to WAC 230-40-815 (3)(a)(v) through (vi). Additionally, licensees shall ensure two copies of the entire recorded image sequence are made reflecting the questioned activity. One copy shall be provided to commission staff or other law enforcement representatives upon demand and the other copy maintained by the licensee for a period of thirty days.

Activities to be recorded.

     (6) Video signals from all cameras shall be recorded when:

     (a) Gaming tables are in operation;

     (b) Drop boxes or chip trays are stored on the gaming tables;

     (c) Drop boxes are being transported; or

     (d) Drop box contents are being counted.

Video monitors.

     (7) The CCTV system shall include a sufficient number of video monitors to simultaneously view multiple gaming tables, the cashier's cage, and count room activities.

Surveillance room.

     (8) The licensee shall maintain one or more surveillance rooms with the following minimum requirements:

     (a) The surveillance room shall have controlled access and be used solely by the employees of the surveillance department assigned to monitor activities: Provided, That this restriction does not apply to owners or approved supervisory or management personnel.

     (b) Commission agents and law enforcement personnel shall be provided immediate access to the surveillance room upon request.

     (c) Entrances to surveillance rooms shall not be readily observable from the gaming operation area.

     (d) The licensee shall ensure a surveillance employee is present in the surveillance room and monitoring the activities of the operation, via the surveillance room equipment, any time the card room is open to conduct gaming and during the count process: Provided, That the licensee may allow the surveillance room to operate without staff for a period not to exceed thirty minutes per shift for the purpose of routine breaks.

Surveillance activity log.

     (9) The licensee shall maintain a record of all surveillance activities in the surveillance room. A surveillance log shall be maintained by surveillance personnel and shall include, at a minimum, the following:

     (a) Date and time of surveillance;

     (b) Person initiating surveillance;

     (c) Time of termination of surveillance;

     (d) Summary of the results of the surveillance; and

     (e) A record of any equipment or camera malfunctions.

Employee sign-in log.

     (10) A surveillance room sign-in log shall be maintained to document the time each surveillance employee monitors the card room. The surveillance sign-in log shall be available for inspection at any time by commission staff or law enforcement personnel.

Labeling and storing video and audio recordings.

     (11) Video and audio recordings shall be marked to denote the activity recorded and retained for a period necessary to afford commission staff or law enforcement personnel reasonable access. The following minimum retention periods apply to recordings:

     (a) Recordings shall be retained for a minimum of seven complete gaming days;

     (b) Recordings of evidentiary value shall be maintained as requested by commission staff; and

     (c) Tapes documenting jackpot payouts over three thousand dollars shall be retained for at least thirty days; and

     (d) Commission staff may increase any of the retention requirements noted in this section by notifying the licensee.

Dispute resolution.

     (12) In the event there is not sufficient clarity due to violations of the above requirements, the burden will be on the licensee to prove any action taken was warranted. Otherwise, all disputes shall be resolved in favor of the player: Provided, That a review by commission staff may be requested if the licensee feels circumstances warrant, for example, cheating has occurred.

[Statutory Authority: RCW 9.46.070. 03-17-044 (Order 422), § 230-40-825, filed 8/15/03, effective 9/15/03; 03-09-076 (Order 418), § 230-40-825, filed 4/16/03, effective 7/1/03; 01-13-091 (Order 403), § 230-40-825, filed 6/19/01, effective 7/20/01; 00-09-052 (Order 383), § 230-40-825, filed 4/14/00, effective 5/15/00.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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