WASHINGTON STATE REGISTER

WSR 02-01-095

PROPOSED RULES

GAMBLING COMMISSION

[ Filed December 17, 2001, 1:01 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-19-052.

Title of Rule: Card rooms, WAC 230-40-120 Limits on wagers in card games.

Purpose: Bob Tull, attorney for the Recreational Gaming Association, has submitted a petition for rule change. Mr. Tull is requesting that betting limits in house-banked card rooms be raised. He has submitted four different alternatives to raise betting limits, which are shown below. The commission filed Mr. Tull's petition at the November commission meeting. At the meeting, the commission clarified that because the petition was filed, that did not mean they would necessarily adopt any of the proposals. The filing was made so the petition could be further discussed at the January 2002 commission meeting.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Rick Day, Lacey, (360) 486-3446; and Enforcement: Bob Berg, Lacey, (360) 486-3452.

Name of Proponent: Staff, governmental.

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: See Purpose above.

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: WestCoast Hotel Olympia, 2300 Evergreen Park Drive S.W., Olympia, WA 98502, (360) 943-4000, on February 15, 2002, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by February 1, 2002, TDD (360) 486-3637, or (360) 486-3447.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by February 1, 2002.

Date of Intended Adoption: February 15, 2002.

December 14, 2001

Susan Arland

Rules Coordinator

OTS-5366.1

AMENDATORY SECTION(Amending Order 403, filed 6/19/01, effective 7/20/01)

WAC 230-40-120 Limits on wagers in card games. Social and public card room licensees shall not allow wagering limits set by the commission to be exceeded in any card game. The number and value of wagers in card games are limited as follows:

Nonhouse-banked card games.

(1) Poker:

(a) There shall be no more than five betting rounds in any one game;

(b) The maximum number of wagers in any betting round shall be four, comprised of an initial wager plus three raises; and

(2) Games based on achieving a specific number of points - each point shall not exceed five cents in value.

(3) An ante, except for panguingue (pan), shall not be more than the maximum wager allowed for the first betting round for any game. The ante may, by house rule, be made by one or more players, but the total ante may not exceed the maximum wager allowed for the first betting round. An ante, by house rule, may be used as part of a player's wager.

(4) Panguingue (pan) - the maximum value of a chip for a payoff shall not exceed ten dollars. An ante will not exceed one chip. Doubling of conditions is prohibited. Players going out may collect not more than two chips from each participating player.

House-banked card games.

(5) Licensees authorized to conduct house-banked card games shall not allow a single wager to exceed twenty-five dollars;

(6) Licensees authorized to conduct Phase II house-banked card games shall not allow a single wager to exceed ((~~one~~)) five hundred dollars;

(7) A single wager may be made on each separate element of chance. In addition, for blackjack, an additional wager may be placed for doubling down or splitting pairs; and

(8) Bonus wagers for house-banked progressive jackpots shall not exceed one dollar. Bonus wagers with a predetermined prize amount based upon a separate element of chance within the same game shall not exceed the authorized maximum table limits as described in subsections (5) and (6) of this section.

[Statutory Authority: RCW 9.46.070. 01-13-091 (Order 403), § 230-40-120, filed 6/19/01, effective 7/20/01; 00-09-052 (Order 383), § 230-40-120, filed 4/14/00, effective 5/15/00; 94-13-098 (Order 252), § 230-40-120, filed 6/15/94, effective 7/16/94. Statutory Authority: RCW 34.05.220(4), [34.05].230 and 9.46.070 (11) and (14). 90-05-032 (Order 205), § 230-40-120, filed 2/14/90, effective 3/17/90. Statutory Authority: RCW 9.46.070 (8), (11) and (14). 89-15-039 (Order 194), § 230-40-120, filed 7/18/89, effective 8/18/89. Statutory Authority: RCW 9.46.050(3) and 9.46.070 (1), (2) and (11). 86-15-025 (Order 159), § 230-40-120, filed 7/14/86. Statutory Authority: RCW 9.46.070 (1), (2) and (11) and 9.46.110. 85-21-046 (Order 154), § 230-40-120, filed 10/14/85. Statutory Authority: RCW 9.46.020 (20)(d) and 9.46.070(11). 82-23-050 (Order 125) and 83-01-045 (Order 125A), § 230-40-120, filed 11/15/82 and 12/13/82. Statutory Authority: RCW 9.46.070(11). 82-04-010 (Order 118), § 230-40-120, filed 1/22/82; 81-19-073 (Order 112), § 230-40-120, filed 9/15/81. Statutory Authority: RCW 9.46.070(10). 80-03-059 (Order 98), § 230-40-120, filed 2/25/80; Order 80, § 230-40-120, filed 12/28/77; Order 51, § 230-40-120, filed 4/30/76; Order 48, § 230-40-120, filed 3/23/76; Order 23, § 230-40-120, filed 9/23/74.]

OTS-5367.1

ALTERNATIVE #1
AMENDATORY SECTION(Amending Order 403, filed 6/19/01, effective 7/20/01)

WAC 230-40-120 Limits on wagers in card games. Social and public card room licensees shall not allow wagering limits set by the commission to be exceeded in any card game. The number and value of wagers in card games are limited as follows:

Nonhouse-banked card games.

(1) Poker:

(a) There shall be no more than five betting rounds in any one game;

(b) The maximum number of wagers in any betting round shall be four, comprised of an initial wager plus three raises; and

(2) Games based on achieving a specific number of points - each point shall not exceed five cents in value.

House-banked card games.

(5) Licensees authorized to conduct house-banked card games shall not allow a single wager to exceed twenty-five dollars;

(6) Licensees authorized to conduct Phase II house-banked card games ((~~shall not allow a single wager to exceed one~~)) may set single wager limits as follows:

(a) Up to five of the tables operating Phase II house-banked card games may utilize single wager limits that do not exceed five hundred dollars;

(b) The remaining tables operating Phase II house-banked card games may utilize single wager limits that do not exceed three hundred dollars;

(7) A single wager may be made on each separate element of chance. In addition, for blackjack, an additional wager may be placed for doubling down or splitting pairs; and

OTS-5368.1

ALTERNATIVE #2
AMENDATORY SECTION(Amending Order 403, filed 6/19/01, effective 7/20/01)

WAC 230-40-120 Limits on wagers in card games. Social and public card room licensees shall not allow wagering limits set by the commission to be exceeded in any card game. The number and value of wagers in card games are limited as follows:

Nonhouse-banked card games.

(1) Poker:

(a) There shall be no more than five betting rounds in any one game;

(b) The maximum number of wagers in any betting round shall be four, comprised of an initial wager plus three raises; and

(2) Games based on achieving a specific number of points - each point shall not exceed five cents in value.

House-banked card games.

(5) Licensees authorized to conduct house-banked card games shall not allow a single wager to exceed twenty-five dollars;

(6) Licensees authorized to conduct Phase II house-banked card games shall not allow a single wager to exceed ((~~one~~)) two hundred fifty dollars except as follows: After six months of operation using single wager limits of two hundred fifty dollars, the single wager limit may be raised to five hundred dollars;

(7) A single wager may be made on each separate element of chance. In addition, for blackjack, an additional wager may be placed for doubling down or splitting pairs; and

OTS-5369.1

ALTERNATIVE #3
AMENDATORY SECTION(Amending Order 403, filed 6/19/01, effective 7/20/01)

WAC 230-40-120 Limits on wagers in card games. Social and public card room licensees shall not allow wagering limits set by the commission to be exceeded in any card game. The number and value of wagers in card games are limited as follows:

Nonhouse-banked card games.

(1) Poker:

(a) There shall be no more than five betting rounds in any one game;

(b) The maximum number of wagers in any betting round shall be four, comprised of an initial wager plus three raises; and

(2) Games based on achieving a specific number of points - each point shall not exceed five cents in value.

House-banked card games.

(5) Licensees authorized to conduct house-banked card games shall not allow a single wager to exceed twenty-five dollars;

(6) Licensees authorized to conduct Phase II house-banked card games ((~~shall not allow a single wager to exceed one~~)) may set single wager limits as follows:

(a) Two of the tables operating Phase II house-banked card games may utilize single wager limits that do not exceed five hundred dollars;

(b) The remaining tables operating Phase II house-banked card games may utilize single wager limits that do not exceed three hundred dollars;

(7) A single wager may be made on each separate element of chance. In addition, for blackjack, an additional wager may be placed for doubling down or splitting pairs; and

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