WSR 97-21-102

PROPOSED RULES

GAMBLING COMMISSION

[Filed October 20, 1997, 1:50 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-20-043 on September 24, 1997.

Title of Rule: Public card room employee defined, WAC 230-02-415; and Licensed card room key employee defined, WAC 230-02-425.

Purpose: These rules clarify who would fall under the definition of "public card room employee" and defines card room "key employee."

Statutory Authority for Adoption: RCW 9.46.070 (14), (16).

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Soojin Kim, Lacey, (360) 438-7654, ext. 310; Implementation: Ben Bishop, Lacey, (360) 438-7654, ext. 302; and Enforcement: Carrie Tellefson, Lacey, (360) 438-7654, ext. 373.

Name of Proponent: Staff, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Definition of "public card room employee" is expanded to include "any person who conducts any duty that is a material part of the system of internal management or accounting control system for a card room approved to conduct house or player funded banked card games."

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Skamania Lodge, Exit 44, Interstate 84, Stevenson, Washington 98648, (509) 427-7700, on January 9, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Susan Green by January 1, 1998, TDD (360) 438-7638, or (360) 438-7654, ext. 302.

Submit Written Comments to: Soojin Kim, Mailstop 42400, Olympia, Washington 98504-2400, FAX (360) 438-8652, by December 31, 1997.

Date of Intended Adoption: January 9, 1998.

Soojin Kim

Rules and Policy Coordinator

AMENDATORY SECTION (Amending Order 85, filed 5/25/78)

WAC 230-02-415 Public card room employee defined. A "public card room employee" is any person who is employed by a public card room operator, for compensation or otherwise, to work in, or in direct connection with, a public card room whose duties or responsibilities include any of the following:

(1) Floor person,

(2) Time collector,

(3) Chip seller,

(4) Dealer or mucker,

(5) Cashier,

(6) Pit boss,

(7) Card room manager,

(8) Supervision of any person working in, or in connection with, the card room,

(9) The prevention or discovery of cheating by persons playing in the card room or of improper activities by employees working in the card room,

(10) To encourage the organization and/or beginning of a card game.

(11) Key employees as defined in WAC 230-02-425.

A "public card room employee" is any person who conducts any duty that is a material part of the system of internal management or accounting control system for a card room approved to conduct house or player funded banked card games.

This definition does not include bartenders, waitresses and persons with similar duties who are limited to the serving of food or drink in the card room.

[Statutory Authority: RCW 9.46.070(16). 78-06-066 (Order 85), 230-02-415, filed 5/25/78.)

NEW SECTION

WAC 230-02-425 Licensed card room key employee defined. A key employee of a licensed public or social card room is defined as any individual that:

(1) Is designated as the person with general responsibility for managing the affairs of a Class E or Class A card room;

(2) Conducts any duty that is a material part of the system of internal management or accounting control system for a card room approved to conduct house or player funded banked card games; or

(3) Is responsible for acting as a custodian of a player supported jackpot scheme.