WSR 09-08-030



[ Filed March 24, 2009, 11:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-04-001.

Title of Rule and Other Identifying Information: Amending WAC 230-15-320 Surveillance room requirements for house-banked card game licensees.

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: The petitioner is requesting a rule amendment to increase the winning payout verification limit from $1,000 to $3,000.

In January 2009, wagering limits at house-banked card rooms increased from $200 to $300. The petitioner states that if house-banked card rooms choose to offer $300 wagering limits, it is possible that surveillance observers will have to verify more jackpot payouts than normal if the payout verification limit remains at $1,000. According to the petitioner, many card games offered at house-banked card rooms have bonus payouts with 4:1 odds and are frequently paid. At $300 betting limits and a payout verification limit of $1,000, surveillance observers may spend more time verifying jackpot payouts and less time performing other necessary duties in the surveillance room.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Recreational Gaming Association, 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 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 24, 2009

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 638, filed 11/18/08, effective 1/1/09)

WAC 230-15-320   Surveillance room requirements for house-banked card game licensees.   House-banked card game licensees must maintain one or more surveillance rooms. They must:

(1) Control access to the surveillance room so that only surveillance department employees use the room. Owners or their approved supervisory or management personnel may also enter the surveillance room to monitor activities. Licensees may allow authorized personnel to escort any other person into the surveillance room for educational, investigative, or maintenance purposes; and

(2) Ensure that surveillance room entrances are not easily observed from the gambling floor; and

(3) Ensure that a surveillance employee is present in the room and monitoring activities using the equipment any time the card room is conducting gambling and during the count process. However, subject to subsection (4) of this section, licensees may operate the surveillance room without staff:

(a) For routine breaks that are less than thirty minutes per shift; or

(b) When only nonhouse-banked card games are operated with wager limits of forty dollars or less and such limits are documented in their internal controls.

(4) Ensure that any time a winning wager, a jackpot, or bonus pay out greater than ((one)) three thousand dollars is won, they use pan-tilt-zoom (PTZ) cameras to verify:

(a) Winning hands; and

(b) Amounts of the wager; and

(c) Amounts of the pay out; and

(d) Players who won the prize.

[Statutory Authority: RCW 9.46.070. 08-23-080 (Order 638), 230-15-320, filed 11/18/08, effective 1/1/09; 07-10-034 (Order 611), 230-15-320, filed 4/24/07, effective 1/1/08.]

Washington State Code Reviser's Office