WSR 17-23-195
PROPOSED RULES
GAMBLING COMMISSION
[Filed November 22, 2017, 10:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-172.
Title of Rule and Other Identifying Information: Chapter 230-05 WAC, Fees and chapter 230-03 WAC, Permitting and licensing rules.
Hearing Location(s): On January 11, 2018, at 1:00 p.m., at Hampton Inn & Suites, 4301 Martin Way East, Olympia, WA 98516. Hearing will take place at the January commission meeting. The meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov about seven days before the meeting, select "January commission meeting" to confirm the hearing date, location, and start time.
Date of Intended Adoption: January 11, 2018.
Submit Written Comments to: Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, email rules.coordinator@wsgc.wa.gov, fax 360-486-3624, by January 2, 2018.
Assistance for Persons with Disabilities: Contact Julie Anderson, phone 360-486-3453, TTY 360-486-3637, email julie.anderson@wsgc.wa.gov, by January 2, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to simplify our current fee structure that was created over forty years ago. It began with twenty-five fees. Today the gambling commission has approximately one hundred ninety-four different fees for commercial and nonprofit organizations and individuals. Some of the key rules in chapter 230-05 WAC, Fees, in this first package are:
New proposed fee schedule (WAC 230–05–160, 230–05–165, and 230–05–170);
Calculating quarterly license fees (WAC 230–05–122);
Penalties for late filing of quarterly license reports or late payment of quarterly license fees (WAC 230-05-132);
New definitions needed for this new way of calculating fees; for example:
o
Defining "base license fee" (WAC 230–05–104);
o
Defining "maximum annual license fee" (WAC 230–05–106);
o
Defining "quarterly license fees" (WAC 230–05–108);
o
Defining "gross gambling receipts rate" (WAC 230–05–110).
Some rules are simply being moved from chapter 230-06 WAC, Rules for all licensees, to chapter 230-05 WAC, Fees.
Most of the key rules in chapter 230-03 WAC, Permitting and licensing rules, in this first package are being made because the current fee schedule includes descriptions of what a license authorizes, rather than simply stating the fee for the license. Minor changes were made to the following rules: WAC 230-05-101, 230-05-112, 230-05-116, and 230-03-235.
Reasons Supporting Proposal: The gambling commission has approximately one hundred ninety-four different fees for commercial and nonprofit organizations and individuals. This fee schedule is typically based on a "class" system, which can be cumbersome for licensees and agency staff. The gambling commission is looking to simplify this current system to allow it to be easier to navigate and have a licensing fee schedule that is more predictable for both the agency and its licensees.
Statutory Authority for Adoption: RCW 9.46.070.
Statute Being Implemented: RCW 9.46.070.
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 and Enforcement: Tina Griffin, Assistant Director, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3546; and Implementation: David Trujillo, Director, 4565 7th Avenue S.E., Lacey, WA 98503, 360-486-3512.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
November 22, 2017
Michelle Rancour
Acting Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)
WAC 230-03-015 Permits to conduct bingo at agricultural fairs.
(1) You must apply to us if you wish to operate bingo games at agricultural fairs licensed to conduct bingo. You may apply for either:
(a) An annual permit to conduct bingo games at different agricultural fairs; or
(b) A special property bingo permit to conduct bingo games at a single agricultural fair.
(2) Each agricultural fair is fully responsible for the operation of bingo conducted under its license.
(3) A commercial or charitable or nonprofit organization may apply for a special property bingo permit.
AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)
WAC 230-03-035 Applying for a license.
(1) You must fully complete the license application form we provide in order to be considered for a license. You must return it, along with the appropriate fees, to our headquarters office.
(2) If your application is incomplete, you must provide us with the required items within thirty days of notification or we may administratively close the application.
(3) Applicants for a new organization license or permit will submit the base license fee for each authorized activity they are applying for with their application.
(4) Applicants for a new individual license will submit the annual license fee they are applying for with their application.
AMENDATORY SECTION (Amending WSR 13-19-056, filed 9/16/13, effective 10/17/13)
WAC 230-03-060 Fingerprinting.
(1) The following persons must submit fingerprints and undergo a national criminal history background check:
(a) Substantial interest holders of commercial businesses and charitable or nonprofit organizations who live or have lived out of the state in the last ten years; and
(b) Card room employees, commercial and nonprofit gambling managers, and manufacturer, distributor, service supplier, call centers for enhanced raffles, and linked bingo prize provider representatives; and
(c) Any other substantial interest holder when we have information they may not be qualified for licensure or to participate in a gambling activity((; and)).
(2) ((Applicants or licensees for the following activities)) Recreational gaming activity and agricultural fair permit holders do not need to submit fingerprints((: Recreational gaming activities, agricultural fair permits, and Class A commercial amusement games)).
AMENDATORY SECTION (Amending WSR 16-19-015, filed 9/8/16, effective 10/9/16)
WAC 230-03-185 Applying for a manufacturer license.
(1) You must apply for a manufacturer license if you:
(a) Make or assemble a completed piece or pieces of gambling equipment for use in authorized gambling activities; or
(b) Convert, modify, combine, add to, or remove parts or components of any gambling equipment for use in authorized gambling activities; or
(c) Manufacture group 12 amusement games approved or modified after May 1, 2016. Manufacturers of group 12 amusement games that were approved before the effective date of this rule must apply by May 1, 2016, and be licensed by December 31, 2016. Manufacturers of group 12 amusement games can sell or lease group 12 amusement games to a licensed distributor or ((a Class B or above)) an amusement game licensee.
(2) You must demonstrate your ability to comply with all manufacturing, quality control, and operations restrictions imposed on authorized gambling equipment that you want to manufacture or market for use in Washington state.
(3) The licensing process may include an on-site review of your manufacturing equipment and process for each separate type of authorized gambling equipment to ensure compliance capability.
AMENDATORY SECTION (Amending WSR 16-19-015, filed 9/8/16, effective 10/9/16)
WAC 230-03-190 Applying for a distributor license.
You must apply for a distributor license if you:
(1) Buy or otherwise obtain a finished piece of gambling equipment for use in authorized gambling activities from another person and sell or provide that gambling equipment to a third person for resale, display, or use; or
(2) Are a manufacturer who sells or provides gambling equipment you do not make to any other person for resale, display, or use; or
(3) Service and repair authorized gambling equipment. However, distributors must not add, modify, or alter the gambling equipment; or
(4) Modify gambling equipment using materials provided by manufacturers to upgrade equipment to current technology.
(5) Buy or lease a group 12 amusement game from another licensee and sell or lease the group 12 amusement game to ((a Class B and above)) an amusement game licensee.
AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)
WAC 230-03-235 Applying for charitable or nonprofit gambling manager license.
You must apply for a charitable or nonprofit gambling manager license if you are an employee or member of a charitable or nonprofit organization who:
(1) Will have control to a material degree over a ((Class D and above)) bingo ((license)) or punchboard and pull-tab licensee with gross gambling receipts over one hundred fifty thousand dollars in their previous licensing year; or
(2) ((Will have control to a material degree over a Class C and above punch boards and pull-tabs license; or
(3))) Will be the supervisor of gambling managers who manage ((a Class D and above bingo license or Class C and above)): A bingo or punch board((s)) and pull-tab((s license)) licensee with gross gambling receipts over one hundred fifty thousand dollars in their previous license year; or
(((4))) (3) Will be assigned the highest level of authority by the officers or governing board of directors to manage the day-to-day affairs of the organization and is responsible for safeguarding assets purchased with gambling funds and/or managing the disbursement of gambling funds when the organization:
(a) Is licensed to receive more than three hundred thousand dollars in gross gambling receipts; or
(b) Has established a trust and/or endowment fund to which gambling receipts in excess of one hundred thousand dollars have been contributed; or
(((5))) (4) Will be the supervisor of the operation of progressive jackpot pull-tab games.
AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)
WAC 230-03-265 Applying for a card room employee license.
You must apply for a card room employee license:
(1) If you will be involved in the operation of a((:
(1) Class E card room; or
(2) Class F card room; or
(3) House-banked card room; and
(4))) nonhouse-banked card room, Class F endorsed nonhouse-banked card room, or house-banked card room; and
(2) You perform any of the following functions:
(a) Collecting fees; or
(b) Dealing; or
(c) Supervising any card game or other card room employee, such as acting as a pit boss, floor person, or section supervisor; or
(d) Selling or redeeming chips; or
(e) Performing cashier or cage duties such as counting and handling chips or cash, completing credit slips, fill slips, or inventory slips, or accounting for other card room receipts in the cage; or
(f) Observing dealers and card games to detect cheating or control functions; or
(g) Controlling card room funds including keys to secure locations; or
(h) Taking part in the operation of a card game.
(3) A Class B card room employee license is required to work at a house-banked card room and Class F endorsed nonhouse-banked card room.
(4) A Class A card room employee license is required to work at a nonhouse-banked card room.
AMENDATORY SECTION (Amending WSR 06-07-157, filed 3/22/06, effective 1/1/08)
WAC 230-03-285 Class III gaming employee working as card room employee.
A certified Class III gaming employee must submit an ((add/transfer)) application and pay a fee before beginning work for a public card room.
AMENDATORY SECTION (Amending WSR 09-24-012, filed 11/20/09, effective 12/21/09)
WAC 230-03-330 Representing one or more licensed businesses.
(1) If you are a licensed distributor representative, gambling service supplier representative, or a linked bingo prize provider representative or applying for one of these representative licenses, you must represent only one licensed distributor, gambling service supplier, or linked bingo prize provider at a time.
(2) If you are a licensed manufacturer representative, you may represent more than one licensed manufacturer.
(3) If the owner you represent owns more than one licensed business, you may represent the owner in all those licensed businesses, including licensed manufacturers((, without applying for another representative license)).
(4) You must submit an application and pay a fee before beginning work at a new or additional employer.
NEW SECTION
WAC 230-03-161 Applying for a combination license.
(1) Charitable or nonprofit organizations may apply for a combination license to operate one or more of the following gambling activities:
(a) Authorized nonhouse-banked card games without collection of a fee to play; and
(b) Raffles with gross gambling receipts up to two thousand dollars during the license year; and
(c) Bingo with gross gambling receipts up to twenty-five thousand dollars during the license year; and
(d) Amusement games, owned and operated by the organization, with gross gambling receipts up to seven thousand five hundred dollars during the license year.
(2) You must apply for a separate license if any of the gambling activities in subsection (1)(b) through (d) of this section you operate will exceed the gross gambling receipt limits specified during your license year.
NEW SECTION
WAC 230-03-162 Applying for a fund-raising event license.
(1) Charitable or nonprofit organizations may offer fund-raising events as authorized by RCW 9.46.0233.
(2) Your organization must apply for a fund-raising event license to operate gambling activities for:
(a) One event not to exceed twenty-four consecutive hours; or
(b) One event not to exceed seventy-two consecutive hours; or
(c) Participation in joint fund-raising events; or
(d) One limited fund-raising event not to exceed six consecutive hours.
NEW SECTION
WAC 230-03-163 Applying for a charitable or nonprofit amusement game license.
You must apply for a charitable or nonprofit amusement game license if your organization owns, leases or rents approved amusement games and:
(1) Operates the approved amusement games in your licensed location; or
(2) Rents or leases approved amusement games for operation in approved locations.
NEW SECTION
WAC 230-03-164 Applying for a commercial amusement game license.
(1) You must apply for a commercial amusement game license if your business:
(a) Owns and operates approved amusement games in your licensed location; or
(b) Rents or leases approved amusement games for operation in approved locations.
(2) Your business can operate approved amusement games in multiple approved locations under the same license as long as the locations are owned by the same business.
NEW SECTION
WAC 230-03-177 Applying to operate nonhouse-banked card gamesCharitable or nonprofit organizations.
(1) You must apply for a nonhouse-banked card game license if you are a charitable or nonprofit organization that wants to:
(a) Offer for play authorized nonhouse-banked card games, whether a fee to play is charged or not; and/or
(b) Conduct approved tournaments.
(2) You may not operate more than fifteen card tables.
NEW SECTION
WAC 230-03-178 Applying to operate nonhouse-banked card games and/or a Class F endorsementCommercial organizations.
(1) You must apply for a nonhouse-banked card game license if you are a commercial stimulant business that wants to:
(a) Offer for play authorized nonhouse-banked card games, whether a fee to play is charged or not; and/or
(b) Conduct approved tournaments.
(2) You must apply for a Class F endorsement to use:
(a) Authorized alternative fee collections; and/or
(b) Player-supported jackpots.
(3) You may not operate more than fifteen card tables.
NEW SECTION
WAC 230-03-179 Applying to operate house-banked card games.
(1) You must apply for a house-banked card game license if you want to offer for play authorized house-banked card games.
(2) With this license, you may also: 
(a) Offer for play nonhouse-banked card games; and/or
(b) Conduct approved tournaments; and/or
(c) Offer player-supported jackpots; and/or
(d) Use alternative fee collection.
(3) You may not operate more than fifteen card tables.
NEW SECTION
WAC 230-03-192 Applying for a fund-raising equipment distributor license.
(1) You must apply for a fund-raising equipment distributor license if you are a commercial or charitable or nonprofit organization and want to:
(a) Rent or lease gambling equipment to:
(i) Fund-raising event license holder; or
(ii) A qualified organization, business or association for recreational gaming activities; or
(b) Organize and conduct recreational gaming activities.
(2) Fund-raising equipment distributors cannot make their own gambling equipment.
NEW SECTION
WAC 230-05-016 Exceeding license class.
(1) Licensees must not exceed the gross gambling receipts limits for their license class during any annual license period.
(2) Licensees must apply a projection of year-to-date receipts to the remaining period of their license and, if it indicates that it is reasonably likely that they may exceed their license, they must immediately:
(a) Apply for a license that authorizes the anticipated level of gross gambling receipts; and
(b) Submit the fee required for the new license, minus the amount originally submitted for the previous license, plus a change of classification fee.
(3) If we issue a license upgrade, it is valid only for the remainder of the original term of the license.
(4) Licensees may exceed license class limits once, by the amount shown in the fees table, without having to upgrade or pay the penalties as long as they upgrade to the higher license class the next time they renew their license.
NEW SECTION
WAC 230-05-017 Failing to apply for license class upgrade.
(1) If licensees fail to apply for a license class upgrade and exceed the license class limit within a present or previous license year, we assess an additional fee. We charge an additional fee of up to fifty percent of the difference between the fee for the present license class and the new license class, or one thousand dollars, whichever is less.
(2) Licensees must pay any required license class upgrade fee, plus any additional fee required by subsection (1) of this section, within thirty days of our notification.
(3) Failure to pay the fees may result in an immediate summary suspension of all licenses.
NEW SECTION
WAC 230-05-018 Partial refund of license fees if gambling receipts limit not met.
(1) Licensees may apply for a partial refund of their license fee when their annual gross gambling receipts are less than the minimum for the class of license we issued to them.
(2) Licensees may receive a refund for the difference between the fees actually paid and the fees that would normally apply to the level of gross gambling receipts actually received during the period less our processing costs.
(3) Licensees may make their request for refund after the end of any annual license period and before the end of the next annual license period.
NEW SECTION
WAC 230-05-101 Implementation of new permit and license fees.
WAC 230-05-102 through 230-05-175 apply to all:
(1) Permits or license years ending on or after June 30, 2018; and
(2) Permits or licenses issued on or after July 1, 2018.
(3) Other fees assessed in this chapter on or after July 1, 2018.
NEW SECTION
WAC 230-05-104 Defining "base license fee."
(1) "Base license fee" is the fee you pay us when you:
(a) Apply for an organization license or permit; or
(b) Renew your organization's license or annual permit.
(2) "Base license fee" is the minimum annual license fee a licensed organization or permit holder will pay for operating an authorized activity.
NEW SECTION
WAC 230-05-106 Defining "maximum annual license fee."
"Maximum annual license fee" is the most you will pay to operate an authorized activity for the license year, which includes the:
(1) Base license fee; and
(2) Quarterly license fees.
NEW SECTION
WAC 230-05-108 Defining "quarterly license fees."
"Quarterly license fees" means the licensee's gross gambling receipts from the previous quarter multiplied by the gross gambling receipts rate.
NEW SECTION
WAC 230-05-110 Defining "gross gambling receipts rate."
"Gross gambling receipts rate" is the rate listed in this chapter that licensees use to calculate their quarterly license fees.
NEW SECTION
WAC 230-05-112 Defining "gross gambling receipts."
(1) "Gross gambling receipts" means the amount due to any operator of an authorized activity as described in subsection (5) of this section.
(2) The amounts must be stated in U.S. currency.
(3) The value must be before any deductions for prizes or other expenses, such as over/short.
(4) "Gross gambling receipts" does not include fees from players to enter player-supported jackpots. However, any portion of wagers deducted for any purpose other than increasing current prizes or repayment of amounts used to seed prizes are "gross gambling receipts."
(5) Gross gambling receipts for authorized activities:
Activity:
Gross gambling receipts include amounts due to any operator for:
(a) Punch board and pull-tab
Purchasing chances to play.
(b) Raffles and enhanced raffles
Purchasing chances to enter.
(c) Bingo
Fees or purchase of cards to participate.
(d) Amusement games
Amounts paid to play amusement games.
(e) Card games
• "Net win" from house-banked card games;
• Tournament entry fees;
• Administrative fees from player-supported jackpots;
• Fees to participate in nonhouse-banked card games.
(f) Manufacturers and distributors
(a) Fees from sales, rentals, leases, royalties, and service fees collected for the following gambling equipment in Washington to include, but not limited to:
• Punch boards and pull-tabs;
• Devices for dispensing pull-tabs;
• Electronic devices for conducting, facilitating or accounting for the results of gambling activities;
• Cards;
• Dice;
• Gambling chips;
• Cash exchange terminals;
• Progressive meters;
• Gambling software;
• License agreements;
• Card shuffling devices;
• Graphical game layouts for table games;
• Ace finders or no-peek devices;
• Roulette wheels;
• Keno equipment;
• Tables manufactured exclusively for gambling purposes;
• Bet totalizers;
• Electronic devices for reading or displaying outcomes of gambling activities;
• Tribal lottery systems and components thereof.
(b) Fees from the service, repair and modification of gambling equipment in Washington to include, but not limited to:
• Charges for labor and parts for repairing gambling equipment;
• Service fees related to gambling operations;
• Training or set-up fees;
• Maintenance contract fees related to gambling equipment and operations.
(g) Gambling service suppliers
Fees from gambling-related services provided in or to be used in Washington to include, but not limited to:
• Consulting, advisory or management services related to gambling;
• Interest from financing the purchase or lease of gambling equipment, infrastructure or facilities or equipment that supports gambling operations;
• Acting as a lending agent, loan services or placement agent;
• Assembly of components for gambling equipment to be used under a contract with a licensed manufacturer;
• Ongoing financial arrangements for gambling related software with a licensed manufacturer;
• Installing, integrating, maintaining, or servicing digital surveillance systems that allow direct access to the operating system;
• Training individuals to conduct authorized gambling activities;
• Performing testing and certification of tribal lottery systems in meeting requirements specified in the tribal-state compacts;
• Providing nonmanagement related recordkeeping or storage services for punch board and pull-tab operators;
• Ownership of proprietary games or equipment.
(h) Punch board/pull-tab service businesses
Providing nonmanagement related recordkeeping or storage services for punch board and pull-tab operators.
(i) Fund-raising event distributors
Fees from contracts to organize and conduct recreational gaming activities.
(j) Fund-raising events and agricultural fairs
Fees received from the operation of bingo, amusement games, raffles, lotteries, contests of chance, and/or net win from table games operated at a fund-raising event.
NEW SECTION
WAC 230-05-114 Defining "net win."
"Net win" means gross wagers received from gambling activities or fund-raising events minus the:
(1) Amount paid to players for winning wagers; and
(2) Accrual of prizes for progressive jackpot contests; and
(3) Repayment of amounts used to seed guaranteed progressive jackpot prizes.
NEW SECTION
WAC 230-05-116 Defining "quarterly license report."
"Quarterly license report" means the report:
(1) Filed by each licensed organization, annual permit holder and fund-raising event licensee thirty days after the end of each quarter; and
(2) Which includes the licensee's gross gambling receipts from the previous quarter multiplied by the gross gambling receipts rate to calculate the quarterly license fee due to the commission.
NEW SECTION
WAC 230-05-120 Paying annual license fee.
(1) All licensed organizations will pay annual license fees in up to five payments. The annual license fee includes:
(a) A base license fee paid with your:
(i) Initial application for a new license or permit; or
(ii) License renewal or annual permit application; and
(b) Quarterly license fees based on the gross gambling receipts reported on your quarterly license report.
(2) Licensed organizations starting a new activity will begin paying quarterly license fees on that activity upon completion of the first quarter, whether a partial or full quarter, after your license or annual permit was issued.
(3) Individual licensees will pay an annual license fee with their initial application or license renewal application.
NEW SECTION
WAC 230-05-122 Calculating quarterly license fees.
(1) The quarterly license fee is calculated based on the gross gambling receipts from the previous quarter as reported on your quarterly license report.
(2) Each license year, the quarterly license fees will be offset by the base license fee. (For example, if your base license fee is sixty-five dollars and your quarterly license fee is forty-five dollars for the first quarter, no additional amount is due for the first quarter. You would offset any future quarterly license fees by the remaining twenty dollars of your base license fee.)
NEW SECTION
WAC 230-05-124 Quarterly license fees and license reports.
All licensed organizations must submit quarterly license fees and license reports to us for each licensed gambling activity beginning with the first quarter of their license year. The quarterly license fee is due with the quarterly license report.
The quarterly license reports must be in the format we require and must:
(1)
Cover the period:
Be received by us no later than:
January 1 through March 31
April 30
April 1 through June 30
July 30
July 1 through September 30
October 30
October 1 through December 31
January 30
(2) Be received online at our administrative office or postmarked no later than the dates indicated in the table in subsection (1) of this section; and
(3) Be submitted even if there is no quarterly license fee payable to us; and
(4) Be accurate; and
(5) Be completed by the highest ranking executive officer or a designee. If someone other than the licensee or an employee prepares the report, the preparer must include his or her name and business telephone number on the report; and
(6) Be submitted for any period of time the license was valid, even if there was no gambling activity or the gambling license was not renewed.
NEW SECTION
WAC 230-05-126 Online filing and payments required with waivers available upon request for good cause.
(1) All licensees must submit the following online:
(a) Renewal application and base license fees; and
(b) Quarterly license fees; and
(c) Quarterly license reports.
(2) We may waive these requirements if a licensed organization can show good cause. The reasons for good cause include:
(a) You do not have access to the internet using your own computer or similar equipment; or
(b) You do not have a bank account; or
(c) Your bank is unable to send electronic fund transactions; or
(d) Some other circumstance or condition exists that, in our judgment, prevents you from submitting online.
(3) We may waive these requirements if a licensed individual can show good cause. The reasons for good cause include:
(a) You do not have access to the internet using your own computer or similar equipment; or
(b) You do not have a bank account or credit card; or
(c) Your bank is unable to send electronic fund transactions; or
(d) Some other circumstance or condition exists that, in our judgment, prevents you from submitting online.
(4) You must request a waiver when applying for a new license or permit.
(5) A waiver will cover all fees and reports required under subsection (1) of this section.
NEW SECTION
WAC 230-05-128 Renew your license in a timely manner.
(1) You must renew online, unless you have received a waiver as outlined in this chapter and allow enough time to:
(a) Print the license prior to midnight before the license expires; or
(b) Have us print the license and mail it to you so you receive it before your license expires.
(2) If you have a waiver and are not renewing your license online, you must ensure a properly completed renewal application and all applicable base license fees are received at our administrative office in Lacey at least fifteen days before the expiration date on the license.
(3) If you do not submit a properly completed renewal application and all fees and your license expires, you must immediately stop the gambling activity covered by your license.
(4) If your license expires, you must submit an application and you must not operate any gambling activity until a new license is issued.
NEW SECTION
WAC 230-05-132 Late filing of quarterly license reports or late payment of quarterly license feesPenalties.
(1) Licensees who do not file their quarterly license reports and/or pay quarterly license fees within thirty days from the end of each quarter are in violation of this chapter.
(2) Licensees will be afforded one thirty-day late filing and payment period after their quarterly license reports and quarterly license fees are due. However, a twenty-five dollar fee will be charged for each day a licensee fails to file a quarterly license report or pay quarterly license fees during the thirty-day late filing and payment period.
(3) A licensee's failure to file quarterly license reports or pay quarterly license fees during the thirty-day late filing and payment period could result in administrative action against your licenses.
(4) Licensees will be responsible for paying any outstanding license fees including, but not limited to, late fees and any additional costs associated with the collection of these fees before a license suspension is lifted or a new licensing application is approved.
NEW SECTION
WAC 230-05-134 Amending quarterly license reports and changes to quarterly license fees paid.
(1) You must amend any previously submitted quarterly license reports immediately upon discovering a discrepancy in reporting your gross gambling receipts or quarterly license fees paid.
(2) Any additional quarterly license fees due as a result of an amended quarterly license report will be due immediately upon filing your amended quarterly license report. You may face administrative action against your license for failing to accurately report. If you overpaid your quarterly license fees, you may receive a refund after we deduct our processing costs.
(3) You must submit amended quarterly license reports and any related payments to us online unless you have a waiver.
NEW SECTION
WAC 230-05-136 Prorating or refunding fees.
(1) We may prorate organization license fees when we adjust expiration dates to schedule our workload.
(2) We may adjust expiration dates to end on the same day for organizations licensed for more than one activity. Whenever we adjust license expiration dates under this provision, we may prorate the required fees.
(3) We will not prorate or refund fees when:
(a) You discontinue your gambling activities; or
(b) You voluntarily surrender your license or permit; or
(c) We suspend or revoke your license.
(4) We keep a portion of your application or license fees for processing costs when:
(a) We deny or administratively close your application; or
(b) You withdraw your application; or
(c) You overpaid us; or
(d) We received duplicate license fees.
NEW SECTION
WAC 230-05-138 Returned payments.
(1) If your bank returns your payment to us for any reason, you must:
(a) Pay us in full, by certified check, money order, or cash, within five days of notification; and
(b) Reimburse our processing costs which would include, but not be limited to, time spent notifying you and seeking payment.
(2) If you fail to pay within five days of notification:
(a) We will administratively close your application; or
(b) Your license expires and all gambling activity must stop.
(3) If we administratively close your application or your license expires, you must give us a new application with fees paid by certified check, money order, or cash in order to be considered for a license.
NEW SECTION
WAC 230-05-140 Outstanding fees.
(1) You must pay all outstanding fees assessed and owed if you:
(a) Stop operating the gambling activity; or
(b) Close your business; or
(c) Surrender your license; or
(d) Do not renew your license; or
(e) Your license is revoked.
(2) If you do not pay, we may take action against other licenses you hold or refer the debt to collections, or both.
(3) Licensees will be responsible for paying any outstanding license fees, including late fees, and any additional licensing or processing costs associated with the collection of these fees before a licensing suspension is lifted or any new licensing application is approved.
NEW SECTION
WAC 230-05-142 Fees for review of gambling equipment, supplies, services, or games.
(1) You must submit gambling equipment, supplies, services, or games for our review.
(2) You must pay the application deposit before we perform the review.
(3) You must also reimburse us for any additional costs of the review.
NEW SECTION
WAC 230-05-160 Charitable or nonprofit organization fees.
Bona fide charitable and nonprofit organizations must pay the following fees:
(1) Annual licenses:
License Type
Base License Fee
Gross Gambling Receipts Rate
Maximum Annual License Fee
Amusement games
$65 plus $65 per approved location
0.730%
$1,000
Bingo
$65
0.460%
$11,000
Card games - House-banked
$10,000
1.462%
$40,000
Card games - Nonhouse-banked
$65
0.430%
$1,000
Combination
$125
-
-
Fund-raising equipment distributor
$270
1.430%
$700
Punch board/pull-tabs
$650
1.430%
$10,000
Raffles
$65
3.380%
$2,000
Enhanced raffles
$5,000
0.430%
$32,000
(2) Event licenses or permits:
License Type
Base License Fee
Gross Gambling Receipts Rate
Maximum Annual License Fee
Fund-raising event
$180
3.130%
$1,000
Recreational gaming activity
$65
-
-
Special property bingo/change of bingo premises
$30
-
-
(3) Change fees:
Change of:
Fee
Name
$100
Location
$100
Fund-raising event location, date, or time
$50
(4) Other fees:
Transaction
Fee
Add a new amusement game location
$65
Duplicate license
$50
Review, inspection, and/or evaluation of gambling equipment, supplies, services, games, or schemes
Deposit and cost reimbursement
NEW SECTION
WAC 230-05-165 Commercial stimulant organization fees.
All commercial stimulant organizations must pay the following fees:
(1) Annual licenses:
License Type
Base License Fee
Gross Gambling Receipts Rate
Maximum Annual License Fee
Card games - Nonhouse-banked
$65
1.462%
$20,000
Card games - House-banked
$10,000
1.462%
$40,000
Punch boards/pull-tabs
$700
1.430%
$13,000
(2) Change fees:
Change of:
Fee
Name
$100
Location
$100
Business classification (same owners)
$100
Corporate stock/limited liability company shares/units
$100
License transfers
$100
(3) Other fees:
Transaction
Fee
Duplicate License
$50
NEW SECTION
WAC 230-05-170 Fees for other businesses.
All other business organizations must pay the following fees:
(1) Annual licenses or permits:
License Type
Base License Fee
Gross Gambling Receipts Rate
Maximum Annual License Fee
Agricultural fair bingo (annual permit)
$200
-
-
Call centers for enhanced raffles
$4,800
-
-
Commercial amusement games
$500 plus $65 per approved location
1.130%
$11,000
Distributor
$700
1.430%
$7,000
Fund-raising event distributor
$280
1.430%
$1,000
Manufacturer
$1,500
1.430%
$25,000
Manufacturer's special sales permit
$250
-
-
Punch board/pull-tab service business permit
$250
-
-
Gambling service supplier
$300
1.430%
$7,000
(2) Events or permits:
License or Permit Type
Base License Fee
Gross Gambling Receipts Rate
Maximum Annual License Fee
Recreational gaming activity
$65
-
-
Special property bingo
$30
-
-
(3) Change fees:
Change of:
Fee
Name
$100
Location
$100
Business classification (same owners)
$100
Corporate stock/limited liability company shares/units
$100
License transfers
$100
(4) Other fees:
Transaction
Fee
Add a new amusement game location
$65
Defective punch board/pull-tab cost recovery fees
Up to $100
Duplicate license
$50
Pre- and post-licensing investigations
Cost reimbursement
Review, inspection, and/or evaluation of gambling equipment, supplies, services, games, schemes, or group 12 amusement games
Deposit and cost reimbursement