PERMANENT RULES
Effective Date of Rule: January 1, 2009.
Purpose: At the May 2008 commission meeting, the commission filed the recreational gaming association's (RGA) original petition for rule change to allow community cards in card games and nickels/dimes to be used in any card game that charged a commission. Currently, players must have their own hand of cards and nickels/dimes are only allowed in Pai Gow games.
At the July 2008 commission meeting, the RGA submitted an alternative to clarify their intention was to authorize only Mini-Baccarat. This alternative was filed by the commission.
At the August 2008 commission meeting, staff proposed Alternative #2, which was filed [at the] commission meeting. This alternative was in response to questions raised by Chair Bierbaum at the July 2008 commission meeting. Alternative #2 was adopted at the October 10, 2008, meeting.
| • | Alternative #2 for WAC 230-15-035. This version authorizes Mini-Baccarat to be operated as explained for Baccarat in The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games. |
| • | Switch the order of WAC 230-15-035 and 230-15-040 in the rules manual. The requirement that card game licensees must operate only card games the director or the director's designee has specifically authorized should be listed before what games are authorized. |
| • | Housekeeping changes to WAC 230-15-045. |
Citation of Existing Rules Affected by this Order: Amending WAC 230-15-035, 230-15-040, and 230-15-045.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 08-17-083 on August 19, 2008, and published September 3, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 3, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: October 13, 2008.
Susan Arland
Rules Coordinator
OTS-1851.2
AMENDATORY SECTION(Amending Order 617, filed 10/22/07,
effective 1/1/08)
WAC 230-15-035
((Requirements for authorized card
games.)) Authorizing new games or changing game rules.
(((1)
In order for a game to be authorized, the game must:
(a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and
(b) Offer no more than three separate games with a single hand of cards. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and
(c) Not allow side bets between players.
(2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.
(3) Players must:
(a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; and
(b) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager; and
(c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:
(i) An insurance wager placed in the game of Blackjack; or
(ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; or
(iii) A tip wager made on behalf of a dealer.
(4) A player's win or loss must be determined during the course of play of a single card game.)) Card game licensees must operate only the card games the director or the director's designee has specifically authorized. The director or the director's designee authorizes each new card game or changes to existing card games on an individual basis. A list of all authorized games and the rules of play are available at all commission offices and on the commission web site.
(1) Card game licensees must submit:
(a) Requests for authorizing new card games in the format we require; and
(b) Changes to an existing card game in writing.
(2) The director or the director's designee will notify the licensee in writing if the request is denied. The notification will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.
[Statutory Authority: RCW 9.46.070. 07-21-116 (Order 617), § 230-15-035, filed 10/22/07, effective 1/1/08; 07-09-033 (Order 608), § 230-15-035, filed 4/10/07, effective 1/1/08.]
(1) Card game licensees must submit:
(a) Requests for authorizing new card games in the format we require; and
(b) Changes to an existing card game in writing.
(2) The director or the director's designee will notify the licensee in writing if the request is denied. The notification will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.)) (1) In order for a game to be authorized, the game must:
(a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and
(b) Offer no more than three separate games with a single hand of cards. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and
(c) Not allow side bets between players.
(2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.
(3) Players must:
(a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; and
(b) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager; and
(c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:
(i) An insurance wager placed in the game of Blackjack; or
(ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; or
(iii) A tip wager made on behalf of a dealer.
(4) Mini-Baccarat is authorized when operated in the manner explained for Baccarat in the most current version of The New Complete Hoyle, Revised or Hoyle's Encyclopedia of Card Games, or similar authoritative book on card games we have approved. However:
(a) Card game licensees may make immaterial modifications to the game; and
(b) Subsection (3) of this section does not apply; and
(c) The number of players is limited under WAC 230-15-055.
(5) A player's win or loss must be determined during the course of play of a single card game.
[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), § 230-15-040, filed 4/10/07, effective 1/1/08.]
(1) The director or the director's designee will give licensees written notice and an opportunity to object to the decision. If a licensee files an objection in writing, an administrative law judge will review the decision.
(2) The director or the director's designee will provide written notice to impacted licensees after a final decision is made.
[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), § 230-15-045, filed 4/10/07, effective 1/1/08.]