Effective Date of Rule: Thirty-one days after filing.
Purpose: New WAC 230-06-011 implements SSB 5040, to allow for the detention and identification of minors that gamble. Chapter 7.80 RCW, which is referred to in SSB 5040, requires agencies to adopt this type of rule. This law becomes effective July 26, 2009.
New WAC 230-06-012 implements subsection 4 of SSB 5040, which allows licensees to conduct in-house controlled purchase programs for purposes of employee training and employer self-compliance checks regarding minors that gamble. This law becomes effective July 26, 2009. The rule explains the approval process and requirements for conducting in-house controlled purchase programs.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 09-15-079 on July 13, 2009.
Changes Other than Editing from Proposed to Adopted Version: Removed requirement that the licensee must receive written confirmation from us that the notification was received prior to conducting the test and that the licensee provide written notification of test results to us within forty-eight hours after completing the test. Added that test results must be retained by licensee for one year after test date and photo identification with birth date of person used in the test must be kept.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: September 11, 2009.
Michelle M. Pardee
Acting Rules Coordinator
WAC 230-06-011 Detaining and identifying persons under eighteen years of age engaging in or attempting to engage in authorized gambling activities. When issuing civil infractions under RCW 9.46.228, gambling commission special agents or peace officers may detain persons for a reasonable period of time and in a reasonable manner to determine the person's true identity and date of birth if the special agent or peace officer has reasonable grounds to believe that:
(1) The person is under eighteen years of age; and
(2) The person is, or has played or participated in, or is attempting or has attempted to play or participate in authorized gambling activities including, but not limited to, punch boards, pull-tabs, card games, or fund-raising events.
WAC 230-06-012 Conducting underage compliance test programs with minors. (1) Licensees may conduct in-house controlled purchase programs (underage compliance test programs) to test their employee's compliance with RCW 9.46.228 that makes it unlawful for any person under the age of eighteen to play punch boards, pull-tabs, card games, or participate in fund-raising events.
(2) Licensees must:
(a) Have written procedures for conducting underage compliance test programs.
(i) Class F or house-banked card game licensees must include the procedures in their internal controls; or
(ii) Licensees not required to have internal controls must submit their procedures to us prior to conducting an underage compliance test and keep a copy of the procedures on the licensed business premises; and
(b) Provide employees a written description of the employer's underage compliance test program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding unauthorized persons engaging in gambling activities during an underage compliance test; and
(c) Provide written notification (letter, e-mail, or fax) to us before conducting the test. The notification must include:
(i) Licensee name; and
(ii) Date and time of test; and
(iii) Last name and first initial of the person used in the test; and
(iv) First and last name of the person supervising the person used in the test; and
(d) Maintain on the licensed business premises for at least one year, and produce upon request, the following information for each test conducted:
(i) A copy of the photo identification, which must include the birth date, of the person used in the test; and
(ii) The results; and
(e) Only use underage persons who are sixteen or seventeen years old at the time of the test.
(3) Licensees with a minimum gambling age of twenty-one must follow the procedures in subsections (1) and (2) of this section, except for subsection (2)(e) of this section, if they use persons who are at least eighteen years of age but less than twenty-one years of age to conduct underage enforcement tests.