WSR 14-21-081
[Order 705—Filed October 13, 2014, 10:22 a.m., effective January 1, 2015]
Effective Date of Rule: January 1, 2015.
Purpose: Nathan Schreiner, Squaxin Island Legal Department, petitioned the gambling commission for a rule change to allow out-of-state licensees without a business office or licensed premise in the state to use registered agent services with locations in the state, instead of requiring licensees to designate a "natural person" as resident agent or provide a "home address" for the agent.
Additionally, the term "resident agent" was replaced by "registered agent," to mirror other statutory provisions relating to registered agents (e.g. RCW 23B.05.010).
Citation of Existing Rules Affected by this Order: Amending WAC 230-03-052 and 230-03-050.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 14-17-058 on August 15, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 9, 2014.
Arlene K. Dennistoun
Staff Attorney
AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)
WAC 230-03-050 Additional information required from applicants for licensing.
(1) Applicants must give us details or copies of the following information on or attached to their application:
(a) The name of the ((resident)) registered agent as required by state law, and the agent's business ((and home)) address located in the state; and
(b) Internal Revenue Service tax exemption letter, if one is necessary; and
(c) All lease or rental agreements, whether oral or written, between the applicant and the owner of the site where the applicant will conduct gambling activity; and
(d) Any franchise agreements or other agreements, whether written or oral, between the applicant and distributors or manufacturers of equipment or between the applicant and any other person whose agreements relate to gambling activities or gambling equipment; and
(e) All proposed financing, consulting, and management agreements or contracts between applicant and any gambling service supplier; and
(f) Enough personal information to ensure each substantial interest holder is qualified to hold a license or participate in an authorized gambling activity; and
(g) For commercial applicants: Articles of incorporation, limited liability corporation formation, partnership agreement, and other documents which set out the applicant's business structure; and
(h) For charitable and nonprofit organization applicants: Articles of incorporation and bylaws; or, if not a corporation, a copy of any bylaws and other documents which set out the organizational structure and purposes of the organization.
(2) Applicants must also give us any other information we request within thirty days of the request or within any other time frame we provide.
AMENDATORY SECTION (Amending WSR 08-20-007, filed 9/18/08, effective 1/1/09)
WAC 230-03-052 ((Resident)) Registered agent to be appointed by out-of-state applicants and licensees.
(1) All applicants and licensees that do not have a business office or licensed premises within Washington state must appoint a ((resident)) registered agent for receiving and accepting service of process and other communications from us.
(2) The ((resident)) registered agent must have a physical Washington state address at which the agent is available for service of process and be:
(a) A ((natural person who is a 1resident living in Washington state; and
(b) At least eighteen years old.
(3) The resident agent's name, business address, and home address must be filed with us)) company authorized to conduct business in this state; or
(b) An individual resident of this state who is at least eighteen years old.