WSR 05-21-074



[ Filed October 14, 2005, 3:14 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-205.

Title of Rule and Other Identifying Information: WAC 230-40-120 Limits on wagers in card games.

Hearing Location(s): DoubleTree Guest Suites, 16500 Southcenter Parkway, Seattle, WA 98188, (509) [(360)] 248-8220, on January 13, 2006, at 9:30 a.m.

Date of Intended Adoption: January 13, 2006.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail, fax (360) 486-3625, by January 2, 2006.

Assistance for Persons with Disabilities: Contact Shirley Corbett by January 2, 2006, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule places a $200 limit on wagers at a specified number of tables based on the number of authorized house-banked tables. The remaining tables must not exceed the original $100 wagering limits. A card room licensed for up to five tables may have one table with a $200 limit on house-banked games, a card room licensed for six to ten tables may have two tables with a $200 limit on house-banked games, and a card room licensed for more than ten tables may have three with a $200 limit on house-banked games. This compromise rule was put into place in February 2004 when licensees requested an increase on wager limits from $100 to $300.

The Recreational Gaming Association is now asking to make the $200 wager limit universal for all house-banked tables in a licensed card room.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule does not impose more than minor, if any, costs to businesses and no disproportionate impact to small businesses has been identified.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Gambling Commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

October 12, 2005

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 437, filed 9/16/04, effective 10/17/04)

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

(c) The maximum amount of a single wager shall not exceed twenty-five dollars;

(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 ((one)) two hundred dollars((, except that such licensees may allow a single wager of up to two hundred dollars on a limited number of tables as follows:

(a) Licensees authorized to operate five tables or fewer may operate one table at the two hundred dollar limit;

(b) Licensees authorized to operate from six to ten tables may operate two tables at the two hundred dollar limit; and

(c) Licensees authorized to operate more than ten tables may operate three tables at the two hundred dollar limit));

(6) A single wager may be made for each decision made by the player before additional cards are dealt or revealed. In addition, for blackjack, an additional wager may be placed for doubling down or splitting pairs; and

(7) 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 subsection (5) of this section.

[Statutory Authority: RCW 9.46.070. 04-19-068 (Order 437), 230-40-120, filed 9/16/04, effective 10/17/04; 04-06-005 (Order 427), 230-40-120, filed 2/19/04, effective 7/1/04; 03-17-044 (Order 422), 230-40-120, filed 8/15/03, effective 9/15/03; 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.]

Washington State Code Reviser's Office