PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-08-007.
Title of Rule: Bingo legislation: Amending WAC 230-04-202 Fees -- Bona fide charitable/nonprofit organizations, 230-04-203 Fees -- Commercial stimulant and other business organization, 230-12-090 Problem gambling informational sign must be posted, 230-20-104 Cash register method of receipting bingo income, 230-20-170 Bingo operation time and use of premises limitations, 230-50-010 Adjudicative proceedings -- Hearings, 230-20-070 Regulation of managers, operators, and other employees -- Charitable or nonprofit organizations; new sections WAC 230-20-002 Shared facilities for bingo licensees -- Separate management and 230-20-005 Shared management and facilities for bingo licensees -- Shared allocation or revenues and expenses; and repealing WAC 230-04-315 Change of schedule.
Purpose: To implement legislation, EHB 2918, adopted in the 2002 legislative session.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: The law becomes effective June 13, 2002, and was amended to:
(1) Allow bingo licensees to operate bingo games seven days a week. Previously, bingo could only be operated up to three days a week.
(2) Allow bingo halls to share a facility and operate up to seven days a week in such facility. Previously, the building in which bingo was operated could only be used for bingo games up to three days a week; and
(3) Require bingo licensees, which operate in a facility that offers bingo more than three days a week, to include language in all promotions and advertising warning patrons that gambling can result in emotional and financial harm.
Reasons Supporting Proposal: See Purpose and Summary 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 and Summary above.
Proposal Changes the Following Existing Rules: See Purpose and Summary 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: Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA 98569, (360) 289-4600, on August 9, 2002, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by July 26, 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 July 26, 2002.
Date of Intended Adoption: August 9, 2002.
June 18, 2002
Susan Arland
Rules Coordinator
OTS-5776.1
NEW SECTION
WAC 230-20-002
Shared facilities for bingo
licensees -- Separate management.
Charitable and nonprofit bingo
licensees shall enter into a written agreement prior to sharing a
facility to conduct bingo games. Bingo licensees in shared
facilities shall meet the following requirements prior to
operating in a shared facility.
Notification to the director - written agreement.
(1) A written notification to share facilities must be made
to the director at least thirty days prior to operating bingo in
a shared facility. The notification must include, at a minimum,
the following information:
(a) Name of all organizations sharing the facility;
(b) Names and signatures of the highest ranking officer for each organization involved;
(c) Copies of any written agreements between organizations; and
(d) The method by which expenses will be shared.
Requirements.
(2) Each bingo licensee sharing a facility shall maintain
management over its own bingo games.
(3) Each licensee will be solely responsible for its individual records, inventory, management, equipment, and operation of the gambling activity for which they hold a license.
(4) Each licensee must complete a separate quarterly activity report according to the gambling receipts and expenses it is responsible for under the terms of the written agreement between the licensees.
(5) Each licensee's head office or principal location defined in RCW 9.46.0205 must be located in the same county where the bingo game will be operated.
[]
OTS-5786.2
AMENDATORY SECTION(Amending WSR 01-23-056, filed 11/20/01,
effective 1/1/02)
WAC 230-04-202
Fees--Bona fide charitable/nonprofit
organizations.
Bona fide charitable and nonprofit organizations
shall submit the following fees to the commission when applying
for gambling licenses, permits, miscellaneous changes, inspection
services, or when assessed the cost of special investigation
procedures by the commission:
| LICENSE TYPE | DEFINITION | FEE | |||
| 1. AMUSEMENT GAMES | (Fee based on annual gross gambling receipts) | ||||
| * Class A | Premises only | $ 53 | |||
| Class B | Up to | $ | 10,000 | $ 53 | |
| Class C | Up to | $ | 25,000 | $ 285 | |
| Class D | Up to | $ | 50,000 | $ 457 | |
| Class E | Over | $ | 50,000 | $ 797 | |
| * | Allows a charitable or nonprofit organization to enter into a contract with Class "B" or above commercial amusement game licensee to locate and operate amusement games on their premises. |
| 2. BINGO GROUP | ||||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE * | |||||||
| Class A | Up to | $ | 15,000 | $ | 1,000 | $ 53 | ||
| Class B | Up to | $ | 50,000 | $ | 1,000 | $ 166 | ||
| Class C | Up to | $ | 100,000 | $ | 2,000 | $ 339 | ||
| Class D | Up to | $ | 250,000 | $ | 4,000 | $ 915 | ||
| Class E | Up to | $ | 500,000 | $ | 8,000 | $ 1,541 | ||
| Class F | Up to | $ | 1,000,000 | $ | 15,000 | $ 3,095 | ||
| Class G | Up to | $ | 1,500,000 | $ | 23,000 | $ 4,467 | ||
| Class H | Up to | $ | 2,000,000 | $ | 30,000 | $ 5,967 | ||
| Class I | Up to | $ | 2,500,000 | $ | 38,000 | $ 7,455 | ||
| Class J | Up to | $ | 3,000,000 | $ | 45,000 | $ 8,945 | ||
| Class K | Up to | $ | 3,500,000 | $ | 53,000 | $ 10,034 | ||
| Class L | Up to | $ | 4,000,000 | $ | 60,000 | $ 11,470 | ||
and above |
applicable |
12,906)) | ||||||
| Class M | Up to | $ | 4,500,000 | $ | 65,000 | $ 12,906 | ||
| Class N | Up to | $ | 5,000,000 | $ | 70,000 | $ 14,500 | ||
| Class O | Up to | $ | 5,500,000 | $ | 75,000 | $ 16,000 | ||
| Class P | Up to | $ | 6,000,000 | $ | 80,000 | $ 17,500 | ||
| Class Q | Up to | $ | 7,000,000 | $ | 85,000 | $ 21,000 | ||
| Class R | Up to | $ | 8,000,000 | $ | 90,000 | $ 24,000 | ||
| Class S | Up to | $ | 9,000,000 | $ | 95,000 | $ 27,000 | ||
| Class T | Up to | $ | 10,000,000 | $ | 100,000 | $ 30,000 | ||
| Class U | Up to | $ | 11,000,000 | $ | 105,000 | $ 33,000 | ||
| Class V | Up to | $ | 12,000,000 | $ | 110,000 | $ 36,000 | ||
| Class W | Up to | $ | 14,000,000 | $ | 115,000 | $ 42,000 | ||
| Class X | Over | $ | 14,000,000 | $ | 120,000 | $ 48,000 | ||
| * | A licensee will be allowed a one-time variance for each license class without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be required to upgrade to the higher license class upon renewal. |
| 3. CARD GAMES | |||
| Class A | General (Fee to play charged) | $ 571 | |
| Class B | Limited card games - hearts, rummy, pitch, pinochle, and cribbage (Fee to play charged) | $ 166 | |
| Class C | Tournament only - no more than ten consecutive days per tournament | $ 53 |
|
| Class D | General (No fee to play charged) | $ 53 |
| 4. FUND-RAISING EVENT | |||
| Class A | One event - not more than 24 consecutive hours | $ 339 | |
| First time applicant | |||
| *Previously licensed applicant | $ 200 | ||
| Class B | One event - not more than 72 consecutive hours | $ 571 | |
| First time applicant | |||
| *Previously licensed applicant | $ 350 | ||
| Class C | Additional participant in joint event (not lead organization) | $ 166 | |
| Class D | Limited fund-raising event (one event - not more than six consecutive hours) | ||
| First time applicant | $ 150 | ||
| **Previously licensed applicant | $ 100 | ||
| Class E | Fund-Raising Event Equipment Distributor - rents or leases, equipment for fund-raising event or recreational gaming activity for no more than ten times per year*** | $ 226 | |
| Class F | Fund-Raising Event Equipment Distributor - rents or leases equipment for fund-raising event or recreational gaming activity more than ten times per year. | $ 571 |
|
| * | Provides for a reduced fee when charitable and nonprofit organizations apply for an additional Class A or Class B fund-raising event. |
| ** | Provides for a fee reduction when charitable and nonprofit organizations apply for an additional Class D limited fund-raising event. |
| *** | Charitable and nonprofit organizations licensed to conduct fund-raising events may rent their equipment up to four occasions during the term of the license without getting licensed as a distributor. |
| 5. PUNCH BOARDS/PULL-TABS | |||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE* | ||||||
| Class A | Up to | $ | 50,000 | $ | 5,000 | $ 544 | |
| Class B | Up to | $ | 100,000 | $ | 5,000 | $ 971 | |
| Class C | Up to | $ | 200,000 | $ | 10,000 | $ 1,832 | |
| Class D | Up to | $ | 300,000 | $ | 10,000 | $ 2,663 | |
| Class E | Up to | $ | 400,000 | $ | 10,000 | $ 3,440 | |
| Class F | Up to | $ | 500,000 | $ | 10,000 | $ 4,153 | |
| Class G | Up to | $ | 600,000 | $ | 10,000 | $ 4,812 | |
| Class H | Up to | $ | 700,000 | $ | 10,000 | $ 5,416 | |
| Class I | Up to | $ | 800,000 | $ | 10,000 | $ 5,967 | |
| Class J | Up to | $ | 1,000,000 | $ | 20,000 | $ 6,765 | |
| Class K | Up to | $ | 1,250,000 | $ | 25,000 | $ 7,509 | |
| Class L | Up to | $ | 1,500,000 | $ | 25,000 | $ 8,201 | |
| Class M | .Up to | $ | 1,750,000 | $ | 25,000 | $ 8,771 | |
| Class N | Up to | $ | 2,000,000 | $ | 25,000 | $ 9,290 | |
| $ 10,208)) | |||||||
| Class O | Up to | $ | 2,500,000 | $ | 30,000 | $ 10,208 | |
| Class P | Up to | $ | 3,000,000 | $ | 35,000 | $ 11,200 | |
| Class Q | Up to | $ | 4,000,000 | $ | 40,000 | $ 13,200 | |
| Class R | Up to | $ | 5,000,000 | $ | 50,000 | $ 15,000 | |
| Class S | Up to | $ | 6,000,000 | $ | 60,000 | $ 17,000 | |
| Class T | Up to | $ | 7,000,000 | $ | 70,000 | $ 19,000 | |
| Class U | Up to | $ | 8,000,000 | $ | 80,000 | $ 21,000 | |
| Class V | Over | $ | 8,000,000 | $ | 80,000 | $ 23,000 | |
*
A licensee will be allowed a one-time variance for each license class
without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be
required to upgrade to the higher license class upon renewal.
| 6. RAFFLES | (Fee based on annual gross gambling receipts) |
||||
| Class A | Up to | $ | 5,000 | $ 53 | |
| Class B | Up to | $ | 10,000 | $ 166 | |
| Class C | Up to | $ | 25,000 | $ 339 | |
| Class D | Up to | $ | 50,000 | $ 571 | |
| Class E | Up to | $ | 75,000 | $ 915 | |
| Class F | Over | $ | 75,000 | $ 1,370 | |
| 7. COMBINATION LICENSE | ||||
| CLASS A | Allows gross gambling receipts of up to $ 25,000 from bingo, $ 7,500 from raffles, and $ 7,500 from amusement games, not to exceed $ 30,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 103 | ||
| CLASS B | Allows gross gambling receipts of up to $ 60,000 from bingo, $ 15,000 from raffles, and $ 15,000 from amusement games, not to exceed $ 75,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 268 |
||
| CLASS C | Allows gross gambling receipts of up to $ 125,000 from bingo, $ 30,000 from raffles, and $ 30,000 from amusement games, not to exceed $ 150,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 619 | ||
| 8. SEPARATE PREMISES | ||
| BINGO | Per occasion (see WAC 230-04-300) |
$ 26 |
| 9. PERMITS | |||
| AGRICULTURAL FAIR-BINGO |
(See WAC 230-04-191) | $ 26 | |
| RECREATIONAL GAMING ACTIVITY (RGA) |
(See WAC 230-25-330 and 230-02-505) |
$ 53 |
| 10. CHANGES | |||
| NAME | (See WAC 230-04-310) | $ 26 | |
| LOCATION | (See WAC 230-04-320) | $ 26 | |
| FRE | (Date or time) (See WAC 230-04-325) |
$ 26 | |
| LICENSE CLASS | (See WAC 230-04-260) | $ 26 | |
| DUPLICATE LICENSE |
(See WAC 230-04-290) | $ 26 | |
| 11. SPECIAL FEES | |||
| INVESTIGATION | (See WAC 230-04-240) | As required | |
| REPLACEMENT IDENTI- FICATION STAMPS |
(See WAC 230-08-017) | $ 26 | |
| EXCEEDING LICENSE | (See WAC 230-04-260) | As required | |
| CLASS | |||
| REVIEW, | As required | ||
| INSPECTION AND/OR EVALUATION OF EQUI- PMENT, PARAPHERNALIA, SERVICES, OR SCHEMES |
(See WAC 230-12-315) | ||
| 12. SIX-MONTH PAYMENT PLAN | (See WAC 230-04-190) | $ 26 |
[Statutory Authority: RCW 9.46.070. 01-23-056, § 230-04-202, filed 11/20/01, effective 1/1/02; 01-05-019 (Order 399), § 230-04-202, filed 2/9/01, effective 3/12/01; 99-24-099 (Order 377), § 230-04-202, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), § 230-04-202, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, § 230-04-202, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, § 230-04-202, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), § 230-04-202, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-02-003 and 94-23-093 (Order 260), § 230-04-202, filed 12/22/94 and 11/17/94, effective 1/22/95 and 1/1/95.]
OTS-5802.1
AMENDATORY SECTION(Amending WSR 01-23-056, filed 11/20/01,
effective 1/1/02)
WAC 230-04-203
Fees -- Commercial stimulant and other
business organizations.
All persons seeking to operate gambling
activities shall submit the following fees to the commission when
applying for gambling licenses, permits, miscellaneous changes,
inspection services, or when assessed the cost of special
investigation procedures by the commission:
| LICENSE TYPE | DEFINITION | FEE | |||||||||||||||
| 1. | CARD GAMES | ||||||||||||||||
| Class B | Up to five tables of limited card games - hearts, rummy, pitch, pinochle, and/or cribbage (Fee to play charged) | $ 170 | |||||||||||||||
| Class C | Tournament only, no more than ten consecutive days per tournament. | ||||||||||||||||
| C-5 | Up to five tables | $ 170 | |||||||||||||||
| C-10 | Up to ten tables | $ 308 | |||||||||||||||
| C-15 | Up to fifteen tables | $ 513 | |||||||||||||||
| Class D | General - Up to five tables (No fee to play charged) | $ 54 | |||||||||||||||
| Class E | *General (Fee to play charged) | ||||||||||||||||
| E-1 | One table only | $ 409 | |||||||||||||||
| E-2 | Up to two tables | $ 704 | |||||||||||||||
| E-3 | Up to three tables | $ 1,172 | |||||||||||||||
| E-4 | Up to four tables | $ 2,350 | |||||||||||||||
| E-5 | Up to five tables | $ 3,534 | |||||||||||||||
| Additional tables up to a maximum of fifteen may be authorized for an additional per table fee of $ 1,027. | |||||||||||||||||
| *In addition to the above initial license fee, the commission will assess all applicants/licensees the actual costs that exceed the license fee for conducting the initial investigation and inspection, any follow-up reviews or investigations involved in the approval of activities and schemes. | |||||||||||||||||
| Class F | Enhanced card room activities endorsement - Includes alternative fee collections (per hand; pot rake) and use of player-supported jackpot schemes. | ||||||||||||||||
| Annual license fee | $ 1,540 | ||||||||||||||||
| 2. | CARD GAMES - HOUSE-BANKED | ||||||||||||||||
| All tables within a card room operating any house-banked card game shall be licensed under this license class. | |||||||||||||||||
| *Annual license fee | $ 6,166 | ||||||||||||||||
| Per table fee (up to fifteen tables) | $ 1,540 | ||||||||||||||||
| *The commission will assess all applicants the actual costs for conducting the initial license investigation and premises inspection. Any post licensing follow-up reviews, inspections, internal control evaluations or subsequent phases of operation shall also be charged actual costs. Licensees will be evaluated and charged for these additional authorizations/phases on an individual case by case basis. | |||||||||||||||||
| 3. | COMMERCIAL AMUSEMENT GAMES |
(Fee based on annual gross gambling receipts) |
|||||||||||||||
| * | Class A | Premises only | ** $ 292/$ 133 | ||||||||||||||
| Class B | Up to $ 50,000 | $ 409 | |||||||||||||||
| Class C | Up to $ 100,000 | $ 1,052 | |||||||||||||||
| Class D | Up to $ 250,000 | $ 2,350 | |||||||||||||||
| Class E | Up to $ 500,000 | $ 4,122 | |||||||||||||||
| Class F | Up to $ 1,000,000 | $ 7,074 | |||||||||||||||
| Class G | Over $ 1,000,000 | $ 8,850 | |||||||||||||||
| * Allows a business that is qualified under WAC 230-04-138 (1)(f), (g), (h), (i), or (j) to enter into a contract with a class "B" or above commercial amusement game licensee to locate and operate amusement games upon their premises. | |||||||||||||||||
| ** Provides for a fee reduction of $ 159 when: Renewing an annual
license; applying for an additional license(s) at the same premises;
and/or applying for multiple licenses at the same premises. |
|||||||||||||||||
| 4. | PUNCH
BOARDS/ PULL-TABS |
(Fee based on annual gross gambling receipts) |
|||||||||||||||
| VARIANCE* | |||||||||||||||||
| Class A | Up to $ | 50,000 | $ | 5,000 | $ 559 | ||||||||||||
| Class B | Up to $ | 100,000 | $ | 5,000 | $ 998 | ||||||||||||
| Class C | Up to $ | 200,000 | $ | 10,000 | $ 1,882 | ||||||||||||
| Class D | Up to $ | 300,000 | $ | 10,000 | $ 2,736 | ||||||||||||
| Class E | Up to $ | 400,000 | $ | 10,000 | $ 3,534 | ||||||||||||
| Class F | Up to $ | 500,000 | $ | 10,000 | $ 4,268 | ||||||||||||
| Class G | Up to $ | 600,000 | $ | 10,000 | $ 4,946 | ||||||||||||
| Class H | Up to $ | 700,000 | $ | 10,000 | $ 5,566 | ||||||||||||
| Class I | Up to $ | 800,000 | $ | 10,000 | $ 6,132 | ||||||||||||
| Class J | Up to $ | 1,000,000 | $ | 20,000 | $ 6,952 | ||||||||||||
| Class K | Up to $ | 1,250,000 | $ | 25,000 | $ 7,718 | ||||||||||||
| Class L | Up to $ | 1,500,000 | $ | 25,000 | $ 8,428 | ||||||||||||
| Class M | Up to $ | 1,750,000 | $ | 25,000 | $ 9,014 | ||||||||||||
| Class N | Up to $ | 2,000,000 | $ | 25,000 | $ 9,548 | ||||||||||||
| (( |
|||||||||||||||||
| Class O | Up to $ | 2,500,000 | $ | 30,000 | $10,208 | ||||||||||||
| Class P | Up to $ | 3,000,000 | $ | 35,000 | $11,200 | ||||||||||||
| Class Q | Up to $ | 4,000,000 | $ | 40,000 | $13,200 | ||||||||||||
| Class R | Up to $ | 5,000,000 | $ | 50,000 | $15,000 | ||||||||||||
| Class S | Up to $ | 6,000,000 | $ | 60,000 | $17,000 | ||||||||||||
| Class T | Up to $ | 7,000,000 | $ | 70,000 | $19,000 | ||||||||||||
| Class U | Up to $ | 8,000,000 | $ | 80,000 | $21,000 | ||||||||||||
| Class V | Over $ 8,000,000 | $ | 80,000 | $23,000 | |||||||||||||
| * A licensee will be allowed a one-time variance for each license class without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be required to upgrade to the higher license class upon renewal. | |||||||||||||||||
| 5. | PUNCH BOARD AND PULL-TAB SERVICE BUSINESS | ||||||||||||||||
| (See WAC 230-04-133) *Initial application fee | $ 211 | ||||||||||||||||
| Additional associate | $ 132 | ||||||||||||||||
| Renewal | $ 52 | ||||||||||||||||
| *Includes up to two associates. | |||||||||||||||||
| 6. | DISTRIBUTOR | (Fee based on annual gross sales of gambling related supplies and equipment) | |||||||||||||||
| (a) | Class A | Nonpunch board/pull-tab only | $ 586 | ||||||||||||||
| Class B | Up to $ 250,000 | $ 1,172 | |||||||||||||||
| Class C | Up to $ 500,000 | $ 1,762 | |||||||||||||||
| Class D | Up to $ 1,000,000 | $ 2,350 | |||||||||||||||
| Class E | Up to $ 2,500,000 | $ 3,060 | |||||||||||||||
| Class F | Over $ 2,500,000 | $ 3,768 | |||||||||||||||
| In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification. | |||||||||||||||||
| (b) | FUND-RAISING EVENT EQUIPMENT DISTRIBUTOR |
||||||||||||||||
| Class A | Rents or leases equipment for fund-raising event or recreational gaming activity up to 10 times per year. | $ 232 | |||||||||||||||
| Class B | Rents or leases equipment for fund-raising event or recreational gaming activity more than 10 times per year. | $ 586 | |||||||||||||||
| 7. | GAMBLING SERVICE SUPPLIER | ||||||||||||||||
| (See WAC 230-04-119) | $ 610 | ||||||||||||||||
| In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification. | |||||||||||||||||
| An annual fee of $ 129 shall be charged for each new contract initiated by the gambling service supplier. | |||||||||||||||||
| 8. | LINKED BINGO PRIZE PROVIDER | ||||||||||||||||
| (See WAC 230-04-126) | $ 3,920 | ||||||||||||||||
| 9. | MANUFACTURER | (Fee based on annual gross sales of gambling related supplies and equipment) | |||||||||||||||
| Class A | Pull-tab dispensing devices only | $ 586 | |||||||||||||||
| Class B | Up to $ 250,000 | $ 1,172 | |||||||||||||||
| Class C | Up to $ 500,000 | $ 1,762 | |||||||||||||||
| Class D | Up to $ 1,000,000 | $ 2,350 | |||||||||||||||
| Class E | Up to $ 2,500,000 | $ 3,060 | |||||||||||||||
| Class F | Over $ 2,500,000 | $ 3,768 | |||||||||||||||
| In addition to the annual fee, the commission will assess all applicants the
actual costs incurred in conducting the investigation and inspection
necessary for initial certification, quality control inspection for additional
activities or product lines, compliance suitability evaluations, and renewal
of licenses when travel cost is incurred to complete the investigation. |
|||||||||||||||||
| 10. | PERMITS | ||||||||||||||||
| AGRICULTURAL FAIR/ SPECIAL PROPERTY BINGO |
|||||||||||||||||
| Class A | One location and event only (See WAC 230-04-191) | $ 26 | |||||||||||||||
| Class B | Annual permit for specified different events and locations (See WAC 230-04-193) | $ 170 |
|||||||||||||||
| RECREATIONAL GAMING ACTIVITY (RGA) |
(See WAC 230-02-505 and 230-25-330) |
$ 54 |
|||||||||||||||
| MANUFACTURER'S SPECIAL SALES PERMIT | (See WAC 230-04-115) | *$ 205 | |||||||||||||||
| *The two hundred five dollar fee is nonrefundable, whether the sales permit is approved or not. In addition, an applicant may be assessed additional fees incurred to process and determine suitability. | |||||||||||||||||
| 11. | CHANGES | ||||||||||||||||
| NAME | (See WAC 230-04-310) | $ 26 | |||||||||||||||
| LOCATION | (See WAC 230-04-320) | $ 26 | |||||||||||||||
| BUSINESS | (Same owners) | $ 54 | |||||||||||||||
| CLASSIFICATION | (See WAC 230-04-340) | ||||||||||||||||
| LICENSE CLASS | (See WAC 230-04-260) New class fee, less previous fee paid, plus | $ 26 |
|||||||||||||||
| DUPLICATE LICENSE | (See WAC 230-04-290) | $ 26 | |||||||||||||||
| CORPORATE STOCK/LIMITED LIABILITY COMPANY SHARES/UNITS | (See WAC 230-04-360) | $ 54 | |||||||||||||||
| LICENSE TRANSFERS | (See WAC 230-04-125 and 230-04-340) | $ 54 | |||||||||||||||
| 12. | SPECIAL FEES | ||||||||||||||||
| INVESTIGATION | (See WAC 230-04-240) | As required | |||||||||||||||
| IDENTIFICATION AND INSPECTION SERVICES STAMPS |
(See WAC 230-08-017) | As required | |||||||||||||||
| QUALITY CONTROL INSPECTION FEES |
(See WAC 230-30-030) | As required | |||||||||||||||
| REPLACEMENT OF IDENTIFICATION STAMPS |
(See WAC 230-30-017) | $ 26 |
|||||||||||||||
| EXCEEDING LICENSE CLASS |
(See WAC 230-04-260) | As required | |||||||||||||||
| REVIEW, INSPECTION AND/OR EVALUATION OF EQUIPMENT, PARA- PHERNALIA, SERVICES, OR SCHEMES |
(See WAC 230-12-315) | As required | |||||||||||||||
| SPECIAL SALES PERMITS |
(See WAC 230-04-115) | As required | |||||||||||||||
| ELECTRONIC CARD FACSIMILE TABLE IDENTIFICATION |
(See WAC 230-08-017) | *$ 350 | |||||||||||||||
| STAMP | *Annually, for each separate table | ||||||||||||||||
| 13. | SIX-MONTH PAYMENT PLAN |
(See WAC 230-04-190) | $ 26 | ||||||||||||||
[Statutory Authority: RCW 9.46.070. 01-23-056, § 230-04-203, filed 11/20/01, effective 1/1/02; 01-05-019 (Order 399), § 230-04-203, filed 2/9/01, effective 3/12/01; 00-15-039 (Order 385), § 230-04-203, filed 7/14/00, effective 1/1/01; 99-24-099 (Order 377), § 230-04-203, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), § 230-04-203, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, § 230-04-203, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, § 230-04-203, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), § 230-04-203, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-12-052, § 230-04-203, filed 6/2/95, effective 7/3/95; 95-02-003 and 94-23-007, § 230-04-203, filed 12/22/94 and 11/3/94, effective 1/22/95 and 1/1/95.]
OTS-5766.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 230-04-315 | Change of schedule. |
OTS-5787.2
AMENDATORY SECTION(Amending WSR 94-23-007, filed 11/3/94,
effective 1/1/95)
WAC 230-12-090
Problem gambling ((informational sign must
be posted)) and caution disclosure -- Advertisements and posting
signs.
The legislature recognizes that some individuals in
Washington state are problem or compulsive gamblers. Because the
state promotes and regulates gambling through the activities of
the lottery commission, horse racing commission and gambling
commission, the state has the responsibility to continue to
provide resources for the support of services for problem and
compulsive gamblers. RCW 9.46.071 requires that the lottery
commission, horse racing commission and gambling commission shall
jointly develop informational signs concerning problem and
compulsive gambling, and the signs shall be placed in
establishments of gambling licensees, horse racing licensees and
lottery retailers.
Posting information signs.
((All gambling commission licensees shall prominently post
the problem gambling informational signs at each entrance and
exit of their establishments. The)) (1) Informational signs will
be provided to the licensee by the gambling commission and will
contain the toll-free hotline number for the Washington state
council on problem gambling. All gambling commission licensees
shall prominently post the problem gambling informational signs
at each entrance and exit of their establishments. Brochures to
patrons containing the toll-free hotline number meet the posting
requirement and will be supplied by the gambling commission((:
Provided, That licensees may develop signs in compliance with
this rule and the provision of RCW 9.46.071, but the signs must
be reviewed and approved by the gambling commission.
If a licensee fails to prominently post the problem gambling informational signs in their establishments, they may be subject to a suspension of two days for the first violation, seven days for the second violation and fourteen days for each violation noted thereafter)).
Advertisements.
(2) All bingo licensees who operate in a premises where
bingo is conducted on more than three occasions per week shall
conspicuously include the following statement in any advertising
or promotion of gambling activities conducted by the licensee:
"CAUTION: Participation in gambling activity may result in pathological gambling behavior causing emotional and financial harm. For help, call 1-800-547-6133."
[Statutory Authority: RCW 9.46.070. 94-23-007, § 230-12-090, filed 11/3/94, effective 1/1/95.]
OTS-5789.1
AMENDATORY SECTION(Amending Order 293, filed 6/18/96, effective
7/19/96)
WAC 230-20-104
Cash register method of receipting bingo
income.
A cash register receipt may be used to document receipt
of bingo income as long as the following requirements and
standards are met:
Standards.
(1) Cash registers used must perform the following functions
or meet the following standards:
(a) Have sufficient keys to record separately each type of sale as required by WAC 230-08-080;
(b) Store and compute a total for each type of sale recorded and must be capable of providing such upon request;
(c) The memory unit of electronic cash registers must retain all transactions recorded during a session, regardless of whether or not its power source is interrupted;
(d) Record all transactions, customer receipt numbers, and control totals on the internal tape retained in the cash register. The internal tape, showing these transactions, shall be retained with the daily records of the licensee for a period of not less than three years; and
(e) The cash register must assign and imprint on the customer receipt and internal tape a minimum four-digit consecutive number for every sales transaction processed. This numbering system must be of a type that can only be reset by service personnel and does not return to zero at the conclusion of any period of use or power interruption: Provided, That a cash register not meeting the requirements of this subsection but having adequate alternative control features may be used if written commission approval is received before use; and
(f) Cash registers used to record receipts for Class D and above licensees shall also imprint a minimum three-digit consecutive number on the customer receipt and internal tape to notate each time transactions are totaled or when a set of transactions are totaled and closed: Provided, That a cash register not meeting the requirements of this subsection but having adequate alternative control features may be used if written commission approval is received before use;
Customers receipts.
(2) The customer receipt must be imprinted with the
following information:
(a) The name of the licensee operating the activity;
(b) The date;
(c) The amount of money paid for the opportunity to play each type of game;
(d) The total amount of money paid; and
(e) The consecutive customer receipt number;
Retention.
(3) All cash register receipts for voids, overrings,
returns, "no sales" and any other receipts not issued to a player
must be retained with the daily bingo records;
(4) The internal cash register tapes from all uses other than bingo income receipting shall be retained by the licensee for not less than three years and be available for commission staff review upon request.
Shared bingo facilities.
(5) A cash register may be used by multiple bingo licensees
sharing a facility when the following information is recorded on
a cash register use log:
(a) Name of the organization using the register;
(b) Name and signature of the cashier at the end of use;
(c) Beginning and ending transaction numbers;
(d) Date; and
(e) Beginning and ending time.
[Statutory Authority: RCW 9.46.070 (1), (8) - (11), (14), (20). 96-13-067 (Order 293), § 230-20-104, filed 6/18/96, effective 7/19/96.]
OTS-5790.1
AMENDATORY SECTION(Amending WSR 95-23-091, filed 11/20/95,
effective 1/1/96)
WAC 230-20-170
((Bingo operation time and use of premises
limitations.)) Hours for bingo games.
Bona fide charitable or
nonprofit organizations, except when operating at an authorized
agricultural fair or under RCW 9.46.0321, shall abide by the
following restrictions when operating bingo games:
(((1) Use of premises limitations: Charitable or nonprofit
organizations shall not:
(a) Conduct or allow its premises to be used for conducting bingo on more than three occasions per week; or
(b) Conduct bingo in any location used by any other organization to conduct bingo which results in bingo games being conducted on more than three occasions per week at the same location.
(2) Time limitations:
(a) A bingo occasion may include as many bingo sessions a licensee desires, but shall not last more than eighteen consecutive hours.
(b) A bingo occasion shall not begin or end between the hours of 2:00 a.m. and 6:00 a.m.: Provided, That the director may allow an occasion to end up to 4:00 a.m. as long as the following conditions remain in effect:
(i) Local law enforcement agency with jurisdiction concurs; and
(ii) If applicable, other state agencies involved in regulating the charitable or nonprofit organization's activities, including, but not limited to, the liquor control board, do not object.)) (1) Licensees shall not allow the use of their premises for bingo games between the hours of 2:00 a.m. and 6:00 a.m.: Provided, That the director may allow closing hours to be adjusted beyond 2:00 a.m. as long as the following conditions are met:
(a) The director shall consult with the local law enforcement agency which has jurisdiction;
(b) The director shall consult with other state agencies involved in regulation of the business;
(c) A licensee must observe a four-hour period of closure at the end of each business day before beginning the next period of operation;
(d) At all times during the hours of bingo operation, a bingo manager must be on duty and in the licensed bingo area; and
(e) The licensee complies with any other terms and conditions imposed by the director.
(2) The director may deny the request for extended hours or revoke hours already approved if the local law enforcement agency or a state agency objects or if the director determines that the licensee has violated any provisions of chapter 9.46 RCW, any other commission rule, or any of the terms set forth in subsection (1) of this section. All objections to changing a licensee's operating hours or requests to revoke an approved operating schedule must be submitted in writing.
(3) The commission shall afford a licensee an opportunity for a brief adjudicative proceeding prior to denying or revoking the licensee's authorization for extended bingo hours of operation. The brief adjudicative proceeding shall be heard by an administrative law judge, under the provisions set forth in WAC 230-50-010(6), and RCW 34.05.482 through 34.05.494.
[Statutory Authority: RCW 9.46.070 (1), (8), (9), (11), (13), (14), (20). 95-23-091, § 230-20-170, filed 11/20/95, effective 1/1/96. Statutory Authority: RCW 9.46.070. 95-12-051, § 230-20-170, filed 6/2/95, effective 7/3/95. Statutory Authority: RCW 9.46.070 (1), (7), (11), (14) and (17). 83-21-073 (Order 137), § 230-20-170, filed 10/18/83. Statutory Authority: RCW 9.46.070 (8), (11) and (14). 83-13-050 (Order 134), § 230-20-170, filed 6/14/83; Order 53, § 230-20-170, filed 5/25/76; Order 15, § 230-20-170, filed 4/17/74; Order 5, § 230-20-170, filed 12/19/73, 1:25 p.m.]
OTS-5792.1
AMENDATORY SECTION(Amending Order 397, filed 2/9/01, effective
4/1/01)
WAC 230-50-010
Adjudicative proceedings -- Hearings.
(1)
Adjudicative proceedings shall be commenced for any and all
matters wherein the commission is causing administrative charges
to be brought against any applicant, licensee or permittee within
the limitations to chapter 34.05 RCW as applicable.
(2) The commission shall afford an applicant for a license an opportunity for an adjudicative proceeding prior to denying such application, and shall afford a licensee the opportunity for an adjudicative proceeding prior to suspending or revoking a license.
(3) The commission will afford a person applying to the commission for approval of a pull-tab dispensing device under WAC 230-30-095 an opportunity for an adjudicative proceeding prior to denying approval of such device.
(4) No hearing will be conducted with respect to any adjudicative proceeding unless an application for an adjudicative proceeding and request for hearing is timely filed by the applicant or licensee with the commission in compliance with WAC 230-50-210. The application must be made upon a form to be obtained from the commission, or facsimile thereof, and must be received within 20 days following service upon the party affected by the commission or the director of a notice of administrative charges and opportunity for an adjudicative proceeding. Said document shall contain the maximum penalty that may be assessed should an application not be filed by the party affected. An application for an adjudicative proceeding and request for hearing shall accompany all notices of administrative charges.
(5) If an application for an adjudicative proceeding is not timely filed, then the party affected shall have waived the right to a hearing on the allegations set forth in the notice of administrative charges. The party shall be deemed to be in default pursuant to RCW 34.05.440 and the commission and director may take action against the party not to exceed the maximum penalty as stated in the notice of administrative charges and opportunity for an adjudicative proceeding, which action shall be final.
(6) The procedures of RCW 34.05.485, brief adjudicative proceedings, shall be used for the following purposes:
(a) All hearings in which the penalty sought by the commission is for a suspension of seven days or less;
(b) Hearings held pursuant to WAC 230-50-015 (stay of summary suspension);
(c) Hearings held pursuant to WAC 230-04-400(3) (failure to pay required gambling taxes);
(d) Hearings held pursuant to WAC 230-04-190 (10)(c) (two part payment plan: Failure to make second payment);
(e) Hearings in which the parties have stipulated to facts or the parties have stipulated to charges, and the hearing is limited to a determination of whether facts constitute violations as charged and/or determination of appropriate penalty to be imposed;
(f) Denial of an application to operate at a higher bingo license class when the licensee has been restricted by WAC 230-20-062;
(g) Hearings held pursuant to WAC 230-20-059 (failure for charitable or nonprofit organizations to contribute required funds to their stated purpose or maintain a positive adjusted cash flow;
(h) Hearings held pursuant to WAC 230-08-255 (failure for charitable or nonprofit organizations to make significant progress);
(i) Denial or revocation of extended card room hours pursuant to WAC 230-40-400;
(j) Denial or revocation of extended bingo hours of operation pursuant to WAC 230-20-170;
(k) Denial of request for Phase II pursuant to WAC 230-40-810;
(((k))) (l) Repeal of an approved card game pursuant to WAC 230-40-010; or
(((l))) (m) Where the parties have stipulated to the use of
brief adjudicative proceedings.
[Statutory Authority: RCW 9.46.070. 01-05-020 (Order 397), § 230-50-010, filed 2/9/01, effective 4/1/01; 00-09-052 (Order 383), § 230-50-010, filed 4/14/00, effective 5/15/00. Statutory Authority: RCW 9.46.070 (1), (2). 97-14-013, § 230-50-010, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070. 95-13-030, § 230-50-010, filed 6/13/95, effective 7/14/95; 92-19-107 (Order 231), § 230-50-010, filed 9/18/92, effective 10/19/92. Statutory Authority: Chapter 34.05 RCW. 89-24-003 (Order 200), § 230-50-010, filed 11/27/89, effective 12/28/89. Statutory Authority: RCW 9.46.070(13). 80-03-059 (Order 98), § 230-50-010, filed 2/25/80; Order 45, § 230-50-010, filed 12/30/75; Order 9, § 230-50-010, filed 12/19/73.]
OTS-5777.1
NEW SECTION
WAC 230-20-005
Shared management and facilities for bingo
licensees -- Shared allocation of revenues and expenses.
Charitable and nonprofit bingo licensees may enter into a written
agreement to share a facility and the management of bingo games.
No more than three bingo licensees shall share a facility. Bingo
licensees operating under shared management and facilities shall
meet the following requirements prior to operating:
Notification to the director - written agreement.
(1) A written notification to share facilities must be made
to the director, at least thirty days prior to operating in a
shared facility. The notification must include, at a minimum,
the following information:
(a) The name of the lead organization and lead manager;
(b) Name of all organizations sharing the facility;
(c) Names and signatures of the highest ranking officer for each organization involved;
(d) Copies of any written agreements between organizations; and
(e) The method by which the gross gambling receipts, net income, expenses and prizes will be apportioned among the licensees conducting bingo.
Management.
(2) All managers of the bingo operation must be a bona fide
member or employee of at least one of the participating
organizations.
(3) Nonprofit gambling managers shall not participate in the operation of bingo games at more than one bingo facility.
Accounting.
(4) Records must be maintained by the lead organization,
which clearly disclose the amount of money received and expended
by the bingo operation. Records of expenses shall disclose for
what purpose the money was spent.
(5) Each licensee must complete a separate quarterly activity report according to the percentage of gambling receipts and expenses it is responsible for under the terms of the written agreement contract between the licensees.
(6) Each licensee's head office or principal location defined in RCW 9.46.0205 must be located in the same county where the bingo game will be operated.
(7) A separate bank account must be established and maintained by the lead organization which will be used to deposit all proceeds from the bingo operation and pay all of the expenses in connection with the bingo operation, including, but not limited to, all payments of prizes.
(8) Each licensee is responsible to keep records of gambling proceeds received from the bingo operation and the use of those proceeds towards the stated purpose of the organization.
[]
OTS-5788.1
AMENDATORY SECTION(Amending WSR 97-11-020, filed 5/13/97,
effective 7/1/97)
WAC 230-20-070
Regulation of managers, operators, and other
employees -- Charitable or nonprofit organizations.
Charitable or
nonprofit organizations shall closely supervise all persons
involved in the conduct of all gambling activities operated to
ensure all rules of the commission are followed. The following
restrictions apply to managers, operators, and other employees:
((What restrictions apply to persons involved in the operation of
amusement games and raffles?)) Amusement games and raffles.
(1) Amusement games and raffles. No person other than a
bona fide member of a qualified charitable or nonprofit
organization shall take any part in the management or operation
of, including the furnishing of equipment for amusement games, or
work as an employee upon, amusement games or raffles conducted by
that organization under a license from the commission: Provided,
That for purposes of this section, performing functions that are
not of a supervisory or management nature shall not be considered
taking part in the operation of amusement games or raffles if:
(a) Such functions are performed by:
(i) Employees of the organization, who are hired on a regular or part time basis, and who are employed primarily for purposes other than the conduct of such activities; or
(ii) Individuals who are volunteers, when they are under the supervision of a member and are not directly or indirectly compensated for such functions;
(b) The organization keeps records that will allow the commission to determine the amount of gross gambling receipts received from such activities and to identify individuals responsible for receiving and controlling such. Records shall include at least the following:
(i) The full names, addresses, and phone numbers of employees and members involved in the activity; and
(ii) The number of tickets issued, sold, or returned by each employee or member involved in raffle ticket sales.
(c) Any additional cost to administer raffles authorized under authority of this section is paid by the licensee.
((What restrictions apply to persons involved in the operation of
bingo games?)) Bingo.
(2) ((Bingo.
(a))) No person other than a bona fide member or an employee of a charitable or nonprofit organization shall take any part in the management or operation of bingo games conducted under a license issued by the commission, and no licensee shall allow any person not one of its members or employees to do so.
(a) No person other than a bona fide member of a charitable or nonprofit organization operating without a license under RCW 9.46.0321 shall take any part in the management or operation of bingo conducted by that organization and no such organization shall allow any person not one of its members to do so.
(b) No person who takes any part in the management or operation of a bingo game conducted by one licensee shall take any part in the management or operation of any bingo game conducted by any other organization, or any other branch of the same organization except under the following conditions:
(i) A person participating in the conduct of bingo games by
one Class A, B, or C licensee may also participate in the conduct
of bingo games by other Class A, B, or C licensees on a voluntary
basis only when such person receives no remuneration for services
to other licensees and when the requirements of (c) of this
subsection are satisfied; ((or))
(ii) A person participating in the operation of bingo games conducted by one licensee under any class of license may also participate in the operation of bingo games conducted by other licensees under any class of bingo license, but only when that person has no managerial or supervisory responsibilities in connection with the operation of bingo activities by any licensee and when the requirements of (c) of this subsection are satisfied. An assistant gambling manager, as defined by WAC 230-04-145(6), shall not be deemed a person having managerial or supervisory responsibilities for the purpose of this section and may participate as an hourly employee in the bingo operations of other bingo licensees; or
(iii) A person managing or taking part in the operation of a shared bingo operation as authorized by chapter 230-005 WAC.
(c) ((Any licensee that desires to have any person, who
participates in any manner in the conduct of bingo games for
another licensee, participate in the conduct of its bingo games
shall notify the commission, local police officials, and any
other licensees for which the person works, in writing, of the
following:
(i) The name and address of that person;
(ii) The name and address of any licensees for which that person is working; and
(iii) The capacity in which that person is working for each licensee prior to the time that person participates in the conduct of the licensee's bingo games.
(d))) No licensee shall allow any person to take any part in the management, supervision or operation of a bingo game except in conformance with this rule.
((What special exceptions apply to agricultural fairs?))
Agricultural fairs.
(3) Certain premises excepted. The limitations set forth
above in subsections (1) and (2) of this section shall not apply
to qualified agricultural fairs conducting amusement games or
bingo.
[Statutory Authority: RCW 9.46.070 (1), (11), (14), (17) and (19). 97-11-020, § 230-20-070, filed 5/13/97, effective 7/1/97. Statutory Authority: RCW 9.46.070. 95-09-062 (Order 268), § 230-20-070, filed 4/18/95, effective 5/19/95. Statutory Authority: RCW 9.46.070, 9.46.0205, 9.46.0277, 9.46.0315, 9.46.0321 and 9.46.0331. 93-17-098 (Order 243), § 230-20-070, filed 8/17/93, effective 1/1/94. Statutory Authority: RCW 9.46.070 (8) and (17). 83-23-055 (Order 138), § 230-20-070, filed 11/15/83. Statutory Authority: RCW 9.46.070(10). 80-03-060 (Order 99), § 230-20-070, filed 2/25/80; Order 68, § 230-20-070, filed 4/25/77; Order 65, § 230-20-070, filed 1/7/77; Order 53, § 230-20-070, filed 5/25/76; Order 29, § 230-20-070, filed 1/23/75; Order 14, § 230-20-070, filed 3/27/74; Order 5, § 230-20-070, filed 12/19/73, 1:25 p.m.]