WSR 09-07-089



[ Filed March 17, 2009, 4:13 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-22-056.

Title of Rule and Other Identifying Information: Amending WAC 230-09-131 Poker tournaments authorized.

Hearing Location(s): Red Lion Hotel, 2525 North 20th Avenue, Pasco, WA 99301, (509) 547-0701, on May 15, 2009, at 9:00 a.m.

Date of Intended Adoption: May 15, 2009.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by May 1, 2009.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by May 1, 2009, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 230-09-131, the change would allow fund-raising events (FRE) licensees to award cash prizes at poker tournaments. The rule currently states that only merchandise prizes can be given away.

The ability to award cash prizes was inadvertently removed during the rules simplification project.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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: 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 because the change would not impose additional costs on businesses.

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.

March 17, 2009

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 604, filed 10/27/06, effective 1/1/08)

WAC 230-09-131   Poker tournaments authorized.   Licensees may operate poker tournaments at fund-raising events. Licensees must:

(1) Adopt and prominently post tournament rules; and

(2) Count all money paid to enter a tournament or purchase chips as a wager when determining their ten thousand dollar net receipts limits; and

(3) Not allow chips used in poker tournaments to have a monetary value; and

(4) Allow chips to be redeemed for cash and/or merchandise prizes ((only)); and

(5) Maintain a record of all prizes awarded, including, at least:

(a) The amount paid for each prize; and

(b) For donated prizes, the name of the donor and a description of the prize(s) donated; and

(c) The name and complete address of each winner.

[Statutory Authority: RCW 9.46.070. 06-22-051 (Order 604), 230-09-131, filed 10/27/06, effective 1/1/08.]

Washington State Code Reviser's Office