WSR 07-09-069



[ Filed April 17, 2007, 9:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-05-074.

Title of Rule and Other Identifying Information: WAC 230-40-800 Operating rules for house-banked card games.

Hearing Location(s): La Quinta Inn and Suites, 1425 East 27th Street, Tacoma, WA 98421, (253) 383-0146, on July 13, 2007, at 9:30 a.m.

Date of Intended Adoption: July 13, 2007.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by July 1, 2007.

Assistance for Persons with Disabilities: Contact Shirley Corbett, Executive Assistant, by July 1, 2007, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: All house-banked card games must be dealt using a shuffler or dealing shoe. The petitioner is requesting that house-banked card room licensees be able to deal single deck card games by hand. This would allow dealers to hold the deck of cards in their hand while distributing/dealing cards to the players.

The petitioner would like to add wording to the current rule that states "If the game is dealt using a single deck of cards the game may be hand dealt provided a protective cover is used to conceal the bottom card." The petitioner is specifically interested in the ability to hand deal Pai Gow type games, however, his revised rule would allow dealers to hand deal any game that is played using a single deck of cards.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Robert Otto, licensed card room employee, private.

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: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

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.

April 17, 2007

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 413, filed 5/16/02, effective 7/1/02)

WAC 230-40-800   Operating rules for house-banked card games.   Licensees that operate house-banked card games shall establish rules and procedures governing each specific house-banked card game played at their premises. The following restrictions and procedures apply:

(1) House-banked card games shall not be operated prior to approval as set forth in WAC 230-40-010;

(2) All house-banked card games shall be dealt from a dealing shoe or an approved shuffling device. If the game is dealt using a single deck of cards the game may be hand dealt provided a protective cover is used to conceal the bottom card;

(3) The licensee shall submit all rules governing the game to commission staff for approval. All requests shall be in writing and include at least the following:

(a) Rules of play, including those specified by the manufacturer or supplier;

(b) Any administrative or accounting controls applicable to specific games;

(c) All specifications provided by the equipment manufacturer or supplier applicable to gaming equipment utilized in the game;

(d) Physical characteristics of the following:

(i) Cards (including procedures for receipt and storage);

(ii) Gaming chips used to play the game;

(iii) All gaming tables and layouts;

(iv) Dealing shoes;

(v) Card shuffling devices;

(vi) Card peeking devices;

(vii) Bill changer devices; and

(viii) Such other equipment as may be required for use in otherwise authorized games;

(4) Rules for each authorized game, shall include at least the following:

(a) Procedures of play;

(b) Minimum and maximum permissible wagers;

(c) Shuffling, cutting, and dealing techniques, as applicable;

(d) Dealer take and pay procedures;

(e) Payout odds on each form of wager, including any factors affecting payments to the player, such as maximum player or aggregate prize restrictions; and

(f) Procedures to be followed on occurrence of irregularities, including examples of irregularities applicable to each game;

(5) A summary of playing procedures and rules of play for each game shall be visibly displayed in the gaming area. If the procedures or restrictions are game specific, they shall be displayed at each gaming table at which the game is played.

[Statutory Authority: RCW 9.46.070. 02-11-084 (Order 413), 230-40-800, filed 5/16/02, effective 7/1/02; 00-09-052 (Order 383), 230-40-800, filed 4/14/00, effective 5/15/00.]

Washington State Code Reviser's Office