WSR 15-09-076 PROPOSED RULES
GAMBLING COMMISSION
[Filed April 16, 2015, 8:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-01-008.
Title of Rule and Other Identifying Information: Amending WAC 230-15-055 Limit on number of players at each table, 230-15-460 Supervision requirements for house-banked card rooms, 230-15-630 Restricting access and controlling keys, 230-06-030 Restrictions and conditions for gambling promotions and 230-06-031 Using wheels in promotional contests of chance, fund raising events, or gambling activities; and repealing WAC 230-15-453 Using match play or similar coupons in a gambling promotion, 230-15-635 Electronic key control systems, 230-15-640 Keeping individual key control boxes for departments, 230-15-645 Keeping a key control log, 230-15-650 Keys for the gambling operations department, 230-15-655 Keys for the security department, 230-15-660 Keys for the accounting department, 230-15-665 Keys for the surveillance department, 230-15-670 Keeping a master key control box, and 230-15-675 Key control box for emergency key.
Hearing Location(s): Red Lion Seattle Airport, 18220 International Boulevard, Seattle, WA 98188, (206) 246-5535, on July 9 or 10, 2015, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: July 9 or 10, 2015.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by July 1, 2015.
Assistance for Persons with Disabilities: Contact Michelle Rancour by July 1, 2015, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Commission staff regularly evaluates our regulatory processes to ensure they add value and that we do not place unnecessary burdens on individuals or organizations by eliminating duplication already required in the WAC, ensuring consistency between licensees, and allowing for maximum flexibility by each business. This is in line with one of our agency goals of "anticipating and responding to the evolving gambling industry." As part of our regulatory reform process, staff made changes to the Class F and house-banked internal control templates, made changes to the Class F and house-banked card room daily control records packets, and reviewed our card room rules for areas that created extra burdens on staff and licensees without contributing significantly to our mission of protecting the public by ensuring that gambling is legal and honest. We identified the rules listed below for changes:
Limiting the number of players at a table: WAC 230-15-055, the change would remove the nine player limit for Mini Baccarat when the game is operated according to the nonpatented approved game rules posted on our web site and without any modifications as allowed in WAC 230-15-040. This change would allow line betting on Mini Baccarat, as commonly played in tribal casinos and other jurisdictions. This would increase the number of wagering areas from nine to eighteen.
Floor Supervision Rule: WAC 230-15-460, amendments were made to add a definition for gaming area and clarify the gaming area includes poker tables. The requirement for two levels of supervision was also removed. Second level supervisors are not required to be in the gaming area and are typically in the back offices. We are not aware of issues related to second level supervisors not being present in the gaming area; therefore, the requirement for second level supervision was removed. Depending on the layout of the card room, licensees may be able to reduce the number of supervisors required and save money without impacting supervision of the games.
Key Control Rules: WAC 230-15-630, detailed security requirements for keys used to access restricted areas and keeping a key control log are currently outlined in ten rules. We removed nine rules with detailed key control requirements to give licensees the flexibility to set key control standards that best meet their operational needs.
Card Game Promotion Rules: Allows card rooms to award promotional prizes on card games by using another element of chance and clarifies what is allowed for gambling promotions.
WAC 230-06-030, amendments were made to clarify what types of activities may be operated as card game gambling promotions. Currently, card game promotions require a large amount of operator and staff time to determine if an activity is authorized or not. Requirements for match play coupons (WAC 230-15-453) have been moved to this rule so all the gambling promotion requirements are in one rule.
WAC 230-15-453 is up for repeal because its content which relates to promotions was moved to WAC 230-06-030.
WAC 230-06-031, an amendment was needed based on changes to WAC 230-06-030.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0282.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; 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 was not prepared because the rule changes would not impose additional costs.
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.
April 16, 2015
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-17-056, filed 8/15/14, effective 9/15/14)
WAC 230-06-030 Restrictions and conditions for gambling promotions.
Licensees may conduct gambling promotions to encourage players to participate in a gambling activity, but you must follow these restrictions and conditions:
(1) ((You must give all players an equal opportunity to participate; and
(2))) You must establish standards to determine how you will give promotional prizes and items to players. ((You must not give the items based on an element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game)) All restrictions and conditions, including any promotional materials or advertisements, must be clearly posted in the area of the gambling activity. For promotions on card games you must post the restrictions and conditions near the card game where the promotion will be offered; and
(((3))) (2) Except for members-only progressive raffles conducted as authorized in WAC 230-11-091, ((you must not give another chance to participate in a gambling activity as a promotional item)) the promotional prize in a gambling promotion cannot be pull-tabs, bingo paper, raffle tickets, or entry into another licensed gambling activity regulated by us; and
(((4) You must display all rules or restrictions clearly in the gambling area and include them on promotional materials or advertisements)) (3) You may add additional merchandise or cash prizes to licensed gambling activities as part of a gambling promotion; and
(((5))) (4) You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356; and
(5) You must not give the promotional prizes based on a second element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game or awarding the promotional prize on card games; and
(6) Promotional coupons (such as match play, lucky bucks, free aces, and similar types of coupons) may be offered as gambling promotions with the following restrictions:
(a) The promotional coupons have no value and are not considered part of the player's wager in determining the amount wagered.
(b) Restrictions on the use of promotional coupons must be disclosed on the coupon and any expiration dates must be included on the coupon.
(c) A promotional coupon by itself is not a gambling activity.
AMENDATORY SECTION (Amending WSR 07-21-116, filed 10/22/07, effective 1/1/08)
WAC 230-06-031 Using wheels in promotional contests of chance, fund-raising events, or gambling activities.
Promotional contests of chance (PCOCs)
(1) Operators may use wheels specifically manufactured for a promotional contest of chance (PCOC), whether commercially made or home made.
(2) Operators must not use professionally manufactured wheels made specifically for gambling activities (for example, Big 6 Wheels) in PCOCs unless they receive permission ahead of time from us.
Fund-raising events
(3) Operators may use commercially made wheels in gambling activities for fund-raising events.
Separation of PCOCs from gambling activities and promotions
(4) No wheel may be used in conjunction with their gambling activities by((:
(a) Card room licensees; or
(b))) pull-tab licensees.
Card rooms, pull-tabs, bingo, raffles
(5) Licensees and operators must not use professionally manufactured wheels made specifically for gambling activities (for example, Big 6 Wheels) in:
(a) Bingo; or
(b) Card games; or
(c) Pull-tabs.
(6) Operators may use commercially made or home made wheels as part of drawings for prizes, good neighbor prizes, or second element of chance prizes as part of bingo games, as set out in WAC 230-10-280 or to award promotional prizes on card games as set out in WAC 230-06-030.
(7) Raffle licensees and operators may use:
(a) Other types of wheels, such as paddle wheels, in raffles; and
(b) Commercially made or home made wheels in an alternative drawing format for determining the winner of a raffle. Alternative drawing formats are set out in WAC 230-11-055 and 230-11-060.
AMENDATORY SECTION (Amending WSR 08-23-079, filed 11/18/08, effective 1/1/09)
WAC 230-15-055 Limit on number of players at each table.
Card game licensees must only allow:
(1) Up to nine players or areas for wagering at any table in house-banked card games. This section does not apply to Mini-Baccarat when the game is operated according to the nonpatented approved game rules posted on the agency's web site and without any modifications as allowed in WAC 230-15-040.
(2) Up to ten players at any table in nonhouse-banked card games.
AMENDATORY SECTION (Amending WSR 08-11-044, filed 5/14/08, effective 7/1/08)
WAC 230-15-460 Supervision requirements for house-banked card rooms.
(1) House-banked card game licensees must have at least one floor supervisor for each gambling ((area. Each supervisor may supervise up to seven tables. We must approve the arrangement of tables in the internal controls.
(2) Licensees must have two levels of supervision present on the business premises if more than ten tables are open. Poker tables operated in a separate gambling area are not included in the calculation of levels of supervision)) area/pit.
(2) Gambling area/pit is defined as a self-contained group of card tables, including poker tables, physically separated from other tables. The separation may be due to the layout of the tables or physical barriers, such as walls, chains, or ropes.
(3) A card room employee may act as a dealer and a supervisor during the same shift as long as he or she does not sign forms as both the dealer and the supervisor.
AMENDATORY SECTION (Amending WSR 07-09-033, filed 4/10/07, effective 1/1/08)
WAC 230-15-630 ((Restricting access and)) Controlling keys and restricting access.
House-banked card game licensees must:
(1) Use keys or electronic key control systems to control access to restricted areas of the business premises((.
(1) Licensees must install and keep key control boxes that, at least:
(a) Are constructed of metal with a minimum of one keylock mechanism. We permit coded key boxes or combination key boxes; and
(b) Are attached to a permanent structure without the hardware used to attach the key box being visible; and
(c) Are tamper proof; and
(d) Store keys so that they are identifiable, have identification labels, and are displayed in numeric or alphabetic order; and
(2) Licensees may decide the location of key control boxes, but the location must not allow an individual to gain access to a restricted area that he or she would not otherwise be authorized to enter.
(3) If licensees locate key boxes in restricted areas, persons who are not authorized to enter those areas must give their key to the key box to an authorized person. The authorized person must then only open the key box in the presence of the unauthorized person or while under camera coverage)); and
(2) Restrict access to keys or electronic key control systems to only those licensed card room employees whose specific job functions and duties require access to them; and
(3) Keep a key control log in the format we require.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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