WSR 06-15-024



[ Filed July 7, 2006, 2:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-11-006.

Title of Rule and Other Identifying Information: Amending WAC 230-02-412 Gambling equipment defined.

Hearing Location(s): Red Lion Hotel at the Park, 303 West North River Drive, Spokane, WA 99201, (509) 326-8000, on September 15, 2006, at 9:30 a.m.

Date of Intended Adoption: September 15, 2006.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail, fax (360) 486-3625, by September 1, 2006.

Assistance for Persons with Disabilities: Contact Shirley Corbett by September 1, 2006, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The petitioner requests the ability to buy and sell logo chips as collector items. The proposed changes to this rule:

1. Clarify that only logo cards and logo chips used in a currently licensed or class III facility be defined as gambling equipment.

2. Exclude logo chips from the definition of gambling equipment if they are sold to players for use in a gambling activity and the player removes the chips from the licensed premises; or if the chips are replaced by new chips with a different color, logo, or artwork.

3. Exclude logo cards from the definition of gambling equipment if they are defaced (for example, a hole drilled through the deck or the corners clipped).

Statutory Authority for Adoption: RCW 9.46.070.

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

Name of Proponent: Don Logerwell, attorney at law, public.

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

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 change clarifies language of rules without changing the effect.

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.

July 7, 2006

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 421, filed 5/15/03, effective 7/1/03)

WAC 230-02-412   Gambling equipment defined.   For purposes of this title, gambling equipment means any device, gambling related software, expendable supply or any other paraphernalia used in conjunction with or to facilitate gambling. Gambling equipment includes, but is not limited to:

(1) Amusement games;

(2) Punch boards and pull-tabs;

(3) Devices for dispensing pull-tabs;

(4) Electronic devices for conducting, facilitating or accounting for the results of gambling activities, including, but not limited to:

(a) Components of a tribal lottery system;

(b) Electronic devices for reading and displaying outcomes of gambling activities; and

(c) Accounting systems that are a part of, or directly connected to, a gaming system including, but not limited to:

(i) Bet totalizers;

(ii) Progressive jackpot meters; or

(iii) Keno systems;

(5) Bingo equipment, as defined in WAC 230-02-250;

(6) Equipment or machinery utilized for the manufacture of gambling equipment when such equipment is designed primarily for such purpose;

(7) Devices and supplies used to conduct card games, fund-raising events, recreational gaming activities, or Class III gaming activities, as defined in the Indian Gaming Regulatory Act at U.S.C. 25 chapter 29 2703 and in tribal-state compacts, including, but not limited to:

(a) Gaming chips with a house name or logo for use in a currently licensed or Class III gaming facility. However, chips will not be considered gambling equipment if they are discontinued and replaced by new chips with a different color, logo, or artwork;

(b) Cards with a house name or logo for use in a currently licensed or Class III gaming facility. However, cards defaced by a card room operator are not considered gambling equipment. For purposes of this section, "defaced" means permanently altered so the cards are easily identifiable as different from other cards in play. For example, cards can be defaced by drilling a hole through the deck or clipping the corner(s) or sides of a deck;

(c) Dice;

(d) Card shuffling devices;

(e) Graphical game layouts for table games;

(f) Ace finders or no-peek devices;

(g) Roulette wheels;

(h) Keno equipment; and

(i) Tables manufactured exclusively for gaming purposes.

[Statutory Authority: RCW 9.46.070. 03-11-042 (Order 421), 230-02-412, filed 5/15/03, effective 7/1/03; 00-15-039 (Order 385), 230-02-412, filed 7/14/00, effective 1/1/01.]

Washington State Code Reviser's Office