WSR 04-15-049



[ Filed July 13, 2004, 11:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-18-009.

Title of Rule and Other Identifying Information: Amending WAC 230-02-205 Gambling service supplier defined.

Hearing Location(s): Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, (360) 676-7700, on September 10, 2004, at 9:30 a.m.

Date of Intended Adoption: September 10, 2004.

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

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed amendment would require the licensure of persons installing, integrating or having access to the digital surveillance recordings of a surveillance system at a card room. Recorded surveillance is an integral part of a card room's security features. Because of this, staff believe that persons who have access to digital surveillance system data files should be licensed.

Reasons Supporting Proposal: Licensing these individuals will enhance our regulatory program to protect the public by ensuring that persons having access to surveillance recordings have passed background checks and are qualified to work in the gambling industry.

Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0282.

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.

July 13, 2004

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 380, filed 2/16/00, effective 7/1/00)

WAC 230-02-205   Gambling service supplier defined.   A "gambling service supplier" is any person who provides gambling related services for compensation, whether directly or indirectly.

(1) Gambling related services include at least the following:

(a) Providing consulting or advisory services regarding gambling activities;

(b) Providing gambling related management services;

(c) Providing financing for purchases or leases of gambling equipment or for providing infrastructure that supports gambling operations for more than one licensee. For purposes of this section, financing by any bank, mutual savings bank, or credit union regulated by the department of financial institutions or any federally regulated commercial lending institution shall not be deemed as providing gambling related services;

(d) Providing any other service or activity where influence may be exerted over any gambling activity licensed by the commission;

(e) Providing assembly of components for gambling equipment under a contract with a licensed manufacturer; ((or))

(f) Providing installation, integration, maintenance, or any other service of digital surveillance systems that includes access to the operating system; or

(g) Training individuals to conduct authorized gambling activities.

(2) The term "gambling services supplier" does not include the following:

(a) Universities and colleges that are regulated by the Washington state board of community and technical colleges and the higher education coordinating board which train individuals to conduct authorized gambling activities;

(b) Licensed manufacturers or distributors who service and repair pull-tab dispensing devices, bingo equipment or any other authorized gambling equipment;

(c) Attorneys, accountants, and governmental affairs consultants whose primary business is providing professional services that are unrelated to the management or operation of gambling activities; and

(d) Persons that only provide nonmanagement related recordkeeping services for punch board and pull-tab operators, when the combined total gross billings from such services does not exceed twenty thousand dollars during any calendar year.

[Statutory Authority: RCW 9.46.070. 00-05-102 (Order 380), 230-02-205, filed 2/16/00, effective 7/1/00; 98-19-133 (Order 361), 230-02-205, filed 9/23/98, effective 1/1/99; 97-24-031, 230-02-205, filed 11/25/97, effective 1/1/98.]

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Washington State Code Reviser's Office