Effective Date of Rule: July 1, 2008.
Purpose: At their November 2007 meeting, the commission filed a petition for rule change from a poker player requesting that card room hours of operation be increased from twenty hours a day/seven days a week to twenty-four hours a day/five days a week and twenty hours a day/two days a week. At their April 2008 meeting, the commission approved the request to extend card room hours of operation.
Citation of Existing Rules Affected by this Order: Amending WAC 230-15-025.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 07-24-016 on November 27, 2007, and published December 19, 2007.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: April 15, 2008.
AMENDATORY SECTION(Amending Order 608, filed 4/10/07, effective 1/1/08)
WAC 230-15-025 Hours of play. (1) Licensees must not allow the use of their premises for card playing between the hours of 2:00 a.m. and 6:00 a.m. unless we approve different hours.
(2) Licensees may request, in writing, different hours of operation. Once the request is received, we will consult with the local law enforcement agency having jurisdiction over the licensee's business and with other state agencies involved in regulation of the business. We may allow licensees to adjust closing hours, but licensees must:
(a) Open the food and/or drink business being stimulated to the public for business any time licensees are conducting card games; and
(b) Have a licensed card room employee on duty and in the licensed card game area at all times during the hours of operation of a Class E, Class F, or house-banked card games; and
(c) Observe a four-hour period of closure at the end of
each business day)) at least two business days a week before
beginning the next period of operation; and
(d) Comply with any other terms and conditions we require.
(3) We may deny the request for extended hours or revoke hours already approved if:
(a) The local law enforcement agency or a state agency objects; or
(b) We determine 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.
(4) Licensees must submit all objections to revocations of operating hours in writing.
(5) If requested, we allow the licensee an opportunity for a brief adjudicative proceeding (BAP) before denying or revoking the licensee's authorization for extended card game hours. An administrative law judge hears the BAP, under the provisions of TITLE 230 WAC and chapter 34.05 RCW.
[Statutory Authority: RCW 9.46.070. 07-09-033 (Order 608), § 230-15-025, filed 4/10/07, effective 1/1/08.]