WSR 23-20-017
PERMANENT RULES
GAMBLING COMMISSION
[Filed September 22, 2023, 3:28 p.m., effective October 23, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The new and amended rules will allow for the use of a ticket-in ticket-out (TITO) system for table games at house-banked card rooms. In addition to changing the rule related to the process for selling and redeeming chips, rule amendments are necessary to expand the definition of "gambling equipment," define the various components of the system, establish requirements for those components, and update processes for accounting for table inventory and for how conducting and concluding the count are done and recorded.
Citation of Rules Affected by this Order: New WAC 230-15-775, 230-15-758, 230-15-761, 230-15-764, 230-15-767, 230-15-770, 230-15-773, 230-15-776, 230-15-779 and 230-15-782; and amending WAC 230-03-200, 230-15-150, 230-15-280, 230-15-500, 230-15-505, 230-15-553, 230-15-585, 230-15-615, and 230-15-620.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 23-16-132 on August 1, 2023.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 10, Amended 9, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 22, 2023.
Lisa C. McLean
Legislative and Policy Manager
OTS-4707.2
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-03-200Defining "gambling equipment."
"Gambling equipment" means any device, gambling-related software, expendable supply, or any other paraphernalia used as a part of gambling or to make gambling possible. "Gambling equipment" includes, but is not limited to:
(1) Amusement games;
(2) Punch boards and pull-tabs;
(3) Devices for dispensing pull-tabs;
(4) Electronic devices for conducting, facilitating, or accounting for the results of gambling activities including, but not limited to:
(a) Components of a tribal lottery system;
(b) Electronic devices for reading and displaying outcomes of gambling activities; and
(c) Accounting systems that are a part of, or directly connected to, a gambling system including, but not limited to:
(i) Bet totalizers; or
(ii) Progressive jackpot meters; or
(iii) Keno systems;
(5) Bingo equipment;
(6) Electronic raffle systems;
(7) Devices and supplies used to conduct card games, fund-raising events, recreational gaming activities, or Class III gaming activities, as defined in the Indian Gaming Regulatory Act at U.S.C. 25 chapter 29 § 2703 and in tribal-state compacts including, but not limited to:
(a) Gambling chips;
(b) Cards;
(c) Dice;
(d) Card shuffling devices;
(e) Graphical game layouts for table games;
(f) Ace finders or no-peek devices;
(g) Roulette wheels;
(h) Keno equipment; and
(i) Tables manufactured exclusively for gambling purposes;
(8) Debit card reading devices used at gambling tables to sell chips to players;
(9) Ticket in ticket out (TITO) systems to include, but are not limited to:
(a) TITO-enabled bill validators;
(b) Ticket redemption kiosks.
OTS-4708.4
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-150Selling and redeeming chips.
Card game licensees must:
(1) Sell chips and redeem chips at the same value; and
(2) Sell chips for cash at gambling tables. Provided that house-banked card game licensees may allow players to use debit cards to purchase chips at house-banked card game tables in accordance with WAC 230-15-506 and 230-15-507. Provided further that house-banked card game licensees may allow players to purchase chips at gambling tables with valid tickets generated by TITO-enabled bill validators; and
(3) Keep all funds from selling chips separate and apart from all other money received; and
(4) Not extend credit to a person purchasing chips, including to card room employees playing cards.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-280Surveillance requirements for house-banked card games.
House-banked card game licensees must use a closed circuit television system (CCTV) to closely monitor and record all gambling activities and areas, including, at least:
(1) Each table, including:
(a) Cards; and
(b) Wagers; and
(c) Chip tray; and
(d) Drop box openings; and
(e) Table number; and
(f) Card shoe; and
(g) Shuffling devices; and
(h) Players; and
(i) Dealers; and
(j) Debit card reading devices at gambling tables; and
(k) TITO-enabled bill validators at tables and the cashier's cage; and
(l) Ticket redemption kiosks; and
(2) The designated gambling areas; and
(3) The cashier's cage, including:
(a) Outside entrance; and
(b) Fill/credit dispenser; and
(c) Customer transactions; and
(d) Cash and chip drawers; and
(e) Vault/safe; and
(f) Storage cabinets; and
(g) Fill or credit transactions; and
(h) Floor; and
(4) The count room, including:
(a) The audio; and
(b) Count table; and
(c) Floor; and
(d) Counting devices; and
(e) Trolley; and
(f) Drop boxes; and
(g) Storage shelves/cabinets; and
(h) Entrance and exit; and
(5) The movement of cash, gambling chips, and drop boxes; and
(6) Entrances and exits to the card room.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-500Accounting for table inventory.
(1) House-banked card game licensees must establish procedures to ensure proper accounting for chips and coins stored at gambling tables, known as the "table inventory."
(2) Licensees must not add or remove chips or coins from the table inventory except:
(a) In exchange for cash from players; or
(b) In exchange for debit card transactions from players according to WAC 230-15-506; or
(c) In exchange for tickets generated by TITO-enabled bill validators; or
(d) To pay winning wagers and collect losing wagers made at the gambling table; or
(((d)))(e) In exchange for chips received from a player having an equal total face value (known as "coloring up" or "coloring down"); or
(((e)))(f) In compliance with fill and credit procedures.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-505Selling gambling chips to players.
House-banked card game licensees must accurately account for all chips, debit card transaction receipts, tickets generated by TITO-enabled bill validators, and cash when they sell chips to players. Licensees must sell chips only at the gambling table.
AMENDATORY SECTION(Amending WSR 08-03-062, filed 1/14/08, effective 2/14/08)
WAC 230-15-553Defining "cash equivalent."
"Cash equivalent" means a:
(1) Treasury check; or
(2) Personal check; or
(3) Traveler's check; or
(4) Wire transfer of funds; or
(5) Money order; or
(6) Certified check; or
(7) Cashier's check; or
(8) Check drawn on the licensee's account payable to the patron or to the licensee; or
(9) Voucher recording cash drawn against a credit card or debit card; or
(10) Tickets generated by TITO-enabled bill validators.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-585Using drop boxes.
(1) House-banked card game licensees must use a drop box to collect all cash, tickets redeemed by TITO-enabled bill validators, chips, coins, debit card transaction receipts, requests for fill, fill slips, requests for credit, credit slips, and table inventory forms.
(2) The dealer or the floor supervisor must deposit these items in the drop box.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-615Conducting the count.
(1) All house-banked card room licensees must have a three person count team except as set forth in subsections (2) and (3) of this section. The three person count team must conduct the count as follows:
(a) The contents of drop boxes must not be combined before the count team separately counts and records the contents of each box; and
(b) As each drop box is placed on the count table, a count team member must announce the game, table number, and shift, if applicable, loudly enough to be heard by all persons present and to be recorded by the audio recording equipment; and
(c) A count team member must empty the contents onto the count table; and
(d) Immediately after the contents are emptied onto the count table, a count team member must display the inside of the drop box to the closed circuit television camera, and show it to at least one other count team member to confirm that all contents of the drop box have been removed. A count team member must then lock the drop box and place it in the drop box storage area; and
(e) Count team member(s) must separate the contents of each drop box into separate stacks on the count table by denominations of coin, chips, and cash and by type of form, record, or document; and
(f) At least two count team members must count, either manually or mechanically, each denomination of coin, chips, cash, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators separately and independently. Count team members must place individual bills and coins of the same denomination ((and)), debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators on the count table in full view of the closed circuit television cameras, and at least one other count team member must observe and confirm the accuracy of the count orally or in writing; and
(g) As the contents of each drop box are counted, a member of the count team must record the total amount of coin, chips, cash, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators counted (the drop) on the master games report; and
(h) If a cage cashier has recorded the opener, closer, fill slips, and credit slips on the master game report before the count, a count team member must compare the series numbers and totals recorded on the master game report to the fill slips, credit slips, and table inventory slips removed from the drop boxes, confirm the accuracy of the totals, and must record, by game and shift, the totals we require on the master game report. Otherwise, the count team must complete all required information on the master game report; and
(i) The accounting department may complete the win/loss portions of the master game report independently from the count team if this is properly documented in the approved internal controls.
(2) The two person count team for licensees with card game gross gambling receipts of less than (($5 million))$5,000,000 in their previous fiscal year must conduct the count as follows:
(a) The contents of drop boxes must not be combined before the count team separately counts and records the contents of each box; and
(b) As each drop box is placed on the count table, a count team member must announce the game, table number, and shift, if applicable, loudly enough to be heard by all persons present and to be recorded by the audio recording equipment; and
(c) A count team member must empty the contents onto the count table; and
(d) Immediately after the contents are emptied onto the count table, a count team member must display the inside of the drop box to the closed circuit television camera, and show it to at least one other count team member to confirm that all contents of the drop box have been removed. A count team member must then lock the drop box and place it in the drop box storage area; and
(e) A count team member must separate the contents of each drop box into separate stacks on the count table by denominations of coin, chips, and cash and by type of form, record, or document; and
(f) One count team member must count, either manually or mechanically, each denomination of coin, chips, cash, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators separately and independently. The count team member must place individual bills and coins of the same denomination ((and)), debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators on the count table in full view of the closed circuit television cameras, and the other count team member must observe and confirm the accuracy of the count orally or in writing; and
(g) As the contents of each drop box are counted, a member of the count team must record the total amount of coin, chips, cash, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators counted (the drop) on the master games report; and
(h) As the count is occurring, a surveillance employee must record in the surveillance log the total chips cash,((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators counted for each drop box and the announcement by the count team of the combined dollar count of all drop boxes; and
(i) If a cage cashier has recorded the opener, closer, fill slips, and credit slips on the master game report before the count, a count team member must compare the series numbers and totals recorded on the master game report to the fill slips, credit slips, and table inventory slips removed from the drop boxes, confirm the accuracy of the totals, and must record, by game and shift, the totals we require on the master game report. Otherwise, the count team must complete all required information on the master game report; and
(j) The accounting department may complete the win/loss portions of the master game report independently from the count team if this is properly documented in the approved internal controls.
(3) The two person count team for licensees with card game gross gambling receipts between (($5 million and $15 million))$5,000,000 and $15,000,000 in their previous fiscal year and use a currency counter must conduct the count as follows:
(a) The currency counter to be used must meet the following requirements:
(i) Automatically provides two separate counts of the funds at different stages in the count process. If the separate counts are not in agreement during the count process and the discrepancy cannot be resolved immediately, the count must be suspended until a third count team member is present to manually complete the count as set forth in subsection (1) of this section until the currency counter is fixed; and
(ii) Displays the total bill count and total dollar amount for each drop box on a screen, which must be recorded by surveillance.
(b) Immediately prior to the count, the count team must verify the accuracy of the currency counter with previously counted currency for each denomination actually counted by the currency counter to ensure the counter is functioning properly. The test results must be recorded on the table games count documentation and signed by the two count team members performing the test; and
(c) The currency counter's display showing the total bill count and total dollar amount of each drop box must be recorded by surveillance during the count; and
(d) The contents of drop boxes must not be combined before the count team separately counts and records the contents of each box; and
(e) As each drop box is placed on the count table, a count team member must announce the game, table number, and shift, if applicable, loudly enough to be heard by all persons present and be recorded by the audio recording equipment; and
(f) A count team member must empty the contents onto the count table; and
(g) Immediately after the contents are emptied onto the count table, a count team member must display the inside of the drop box to the closed circuit television camera, and show it to the other count team member to confirm that all contents of the drop box have been removed. A count team member must then lock the drop box and place it in the drop box storage area; and
(h) Count team member(s) must combine all cash into one stack and separate the contents of each drop box into separate stacks on the count table by denomination of coin and chips, by type of form, record, or document; and
(i) Count team members must place all of the cash from a drop box into the currency counter which will perform an aggregate count by denomination of all of the currency collected from the drop box; and
(j) One count team member must count each denomination of coin, chips, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators separately and independently by placing coins and chips of the same denomination on the count table in full view of the closed circuit television cameras, and the other count team member must observe and confirm the accuracy of the count orally or in writing; and
(k) As the contents of each drop box are counted, a member of the count team must record the total amount of coin, chips, cash, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators counted (the drop) on the master games report; and
(l) As the count is occurring, a surveillance employee must record in the surveillance log the currency counter accuracy information in (b) of this subsection, currency verification amount, debit card transaction receipt amount, ticket redemption amount, total bill and dollar count of each drop box and the announcement by the count team of the combined dollar count of all drop boxes; and
(m) If a cage cashier has recorded the opener, closer, fill slips, and credit slips on the master game report before the count, a count team member must compare the series numbers and totals recorded on the master game report to the fill slips, credit slips, and table inventory slips removed from the drop boxes, confirm the accuracy of the totals, and must record, by game and shift, the totals we require on the master game report. Otherwise, the count team must complete all required information on the master game report; and
(n) The accounting department may complete the win/loss portions of the master game report independently from the count team if this is properly documented in the approved internal controls.
AMENDATORY SECTION(Amending WSR 23-11-108, filed 5/19/23, effective 6/19/23)
WAC 230-15-620Concluding the count.
(1) After the count team finishes their count, the cage cashier or accounting department employee must verify the contents of the drop boxes.
(2) In the presence of the count team and before looking at the master game report, the verifier must recount the cash, coin, chips, ((and)) debit card transaction receipts, and tickets redeemed by TITO-enabled bill validators either manually or mechanically.
(3) The verifier must sign the master game report verifying that the cash and debit card transaction receipt counts are accurate.
(4) Each count team member must sign the report attesting to the accuracy of the information recorded.
(5) After the report is signed, the master game report must be taken directly to the accounting department, along with the debit card transaction receipts, requests for fills, the fill slips, the requests for credit, the credit slips, tickets redeemed by TITO-enabled bill validators, and the table inventory slips removed from drop boxes. The cage cashiers must not be allowed access to any of these records.
TICKET IN TICKET OUT (TITO) SYSTEM REQUIREMENTS IN HOUSE-BANKED CARD ROOMS
NEW SECTION
WAC 230-15-755"Ticket in ticket out (TITO) system" defined.
For the purposes of this chapter, "ticket in ticket out (TITO) system" refers to electromechanical devices equipped with a ticket in ticket out (TITO) enabled bill validator and a ticket validation system that allows for the reporting issuance, validation, and acceptance of tickets.
NEW SECTION
WAC 230-15-758"Ticket" defined.
For the purposes of this chapter, a "ticket" means an encoded paper ticket or voucher dispensed by an approved TITO-enabled bill validator.
NEW SECTION
WAC 230-15-761"Invalid ticket" defined.
For the purposes of this chapter, "invalid ticket" means an encoded paper ticket or voucher that is expired, damaged/unreadable, and/or voided.
NEW SECTION
WAC 230-15-764"TITO-enabled bill validator" defined.
For the purposes of this chapter, "TITO-enabled bill validator" means an electromechanical device that accepts United States currency (bills) and issues, validates, and accepts encoded paper tickets or vouchers.
NEW SECTION
WAC 230-15-767"Ticket redemption kiosk" defined.
For the purposes of this chapter, "ticket redemption kiosk" means an electromechanical device that accepts redeemable encoded tickets or vouchers issued from TITO-enabled bill validators for cash.
NEW SECTION
WAC 230-15-770Ticket requirements.
Tickets printed by TITO-enabled bill validators must have the following minimum standards:
(1) Card room name; and
(2) Date and time the ticket was generated; and
(3) Dollar value of ticket, printed both numerically and in text; and
(4) A unique identifier such as a magnetic strip or bar code; and
(5) A primary and secondary validation number; and
(6) A statement that the ticket will expire in 30 days; and
(7) Be the same size and dimension as United States currency (bills); and
(8) Include a problem gambling message on the printed ticket.
NEW SECTION
WAC 230-15-773Requirements for ticket validation system.
Ticket validation systems must:
(1) Not use, permit the use of, validate, or redeem tickets issued by another licensee; and
(2) Be able to identify invalid tickets and issued tickets, and notify the cashier, dealer, or kiosk, which is applicable, if:
(a) The validation number cannot be found; or
(b) The ticket has already been redeemed; or
(c) The amount on file for the ticket does not match; and
(3) Uniquely identify TITO-enabled bill validators and ticket redemption kiosks connected to it; and
(4) Be able to generate the following reports to be reconciled with all validated/redeemed tickets:
(a) Ticket issuance report; and
(b) Ticket redemption report; and
(c) Ticket liability report; and
(d) Ticket drop variance report; and
(e) Transaction detail report that shows all tickets generated and redeemed by a TITO-enabled bill validator and ticket redemption kiosk; and
(f) Cashier report, which is to detail individual tickets and the sum of tickets paid by a cage cashier or ticket redemption kiosk; and
(5) Employ encryption standards suitable for the transmission and storage of all confidential or sensitive information between all components of the system; and
(6) Not allow for any wireless connections or communication; and
(7) Can only be connected to authorized gambling equipment; and
(8) Have all servers and components that store sensitive information in a locked secure enclosure with both camera coverage and key controls in place; and
(9) Have a machine entry authorization log (MEAL) for all entries into a locked area that indicates the date, time, purpose of entering the locked area(s), and the name and employee number of the employee doing so; and
(10) Maintain an internal clock that reflects the current time and date that shall be used to provide the following:
(a) Time stamping of significant events; and
(b) Reference clock for reporting; and
(c) Time stamping of configuration changes; and
(11) Have a recent backup that is securely stored, separate from the system, in case of catastrophic failure and the ticket validation system cannot be restarted. Backups must be retained for a period of at least two years. Backups must contain:
(a) Significant events; and
(b) Accounting information; and
(c) Auditing information; and
(d) All information utilized in the ticket redemption and issuance process; and
(12) Be connected to a device that provides surge protection and a temporary power source, such as a uninterrupted power supply (UPS), to provide a means for an orderly shutdown in the event of a main power system failure; and
(13) Have no built-in facility where a casino user/operator can bypass system auditing to modify any database(s) directly; and
(14) Log any changes made by a user to accounting or significant event log information that was received from a device on the system. The log must include:
(a) Date data was altered; and
(b) Value prior to alteration; and
(c) Value after alteration; and
(d) Identification of personnel that made the alteration; and
(15) Record significant events generated by any TITO devices on the system. Each event must be stored in a database(s) and include the following information:
(a) Date and time the event occurred; and
(b) Identify the device that generated the event; and
(c) A unique number/code that identifies the event; and
(d) A brief text that describes the event in the local language; and
(16) Have a means by which any user accessing the system software, either by password, keycard, or PIN have a username or user number unique to that individual and log the date and time of access.
NEW SECTION
WAC 230-15-776Requirements for TITO-enabled bill validators.
TITO-enabled bill validators must:
(1) Only be used in conjunction with approved ticketing (TITO) systems; and
(2) Be secure from unauthorized access, tampering, and bill/ticket removal; and
(3) Only be installed at house-banked card game tables or in the cashier's cage; and
(4) Only accept United States bills (no foreign currency) and be able to differentiate between genuine and counterfeit bills to a high degree of accuracy; and
(5) Only accept tickets from the licensed card room they are installed at; and
(6) Be able to identify invalid tickets; and
(7) Not accept promotional tickets, coupons, or vouchers such as free play or match play; and
(8) Not allow redemption of tickets for cash at house-banked card game tables; and
(9) Be equipped with a drop box/cassette to collect the bills and/or tickets inserted into the bill validator; and
(10) Be equipped with a ticket printer designed to detect paper jams, paper out, and print failure; and
(11) Not be capable of offering an element of chance and/or skill in the determination of prizes; and
(12) Not contain some form of activation to initiate a wager; and
(13) Not be capable of delivering or determining an outcome from a gambling activity.
NEW SECTION
WAC 230-15-779Requirements for drop boxes/cassettes in TITO-enabled bill validators.
Ticket-enabled bill validators must be equipped with a drop box/cassette to collect, store, and secure currency and tickets.
(1) Drop boxes/cassettes must:
(a) Be housed in a locked compartment; and
(b)(i) Have a separate lock to open the drop box/cassette; and
(ii) The locks to secure the compartment housing and drop box/cassette must be different from each other; and
(c) Have labels on the lockable drop boxes/cassettes with a permanent number clearly visible which corresponds to a permanent number on the gambling table to which the electronic bill acceptor is affixed; and
(2) The transportation and storing of drop boxes/cassettes in TITO-enabled bill validators must adhere to WAC 230-15-590 and 230-15-600.
NEW SECTION
WAC 230-15-782Requirements for ticket redemption kiosks.
Ticket redemption kiosks must:
(1) Only be used in conjunction with approved ticketing (TITO) systems; and
(2) Be secure from unauthorized access, tampering, and bill/ticket removal; and
(3) Contain a lockable ticket and currency storage box which retains tickets and currency accepted by the kiosk. The kiosk must have:
(a) One lock securing the compartment housing the currency drop boxes/cassettes; and
(b)(i) One lock securing the contents of the storage box; and
(ii) The locks to secure the compartment housing and storage box must be different from each other.
(4) Only accept tickets from the licensed card room they are installed at; and
(5) Be capable of validating ticket values and dispensing an equivalent amount of cash; and
(6) Only validate and pay out tickets up to $1,000; and
(7) Be able to identify invalid tickets; and
(8) Not be allowed to accept cash to exchange for a ticket; and
(9) Not be allowed to accept debit, credit, or EBT cards; and
(10) Have a mechanism to generate a transaction history report with at least the following information:
(a) Date, time, ticket validations numbers, and amount of all ticket redemptions; and
(b) Total amount of ticket vouchers accepted; and
(c) Total count of ticket vouchers; and
(11) Have a machine entry authorization log (MEAL) for all entries into locked areas of the kiosk that indicates the date, time, purpose of entering the locked area(s), and the name and employee number of the employee doing so; and
(12) Not be capable of offering an element of chance and/or skill in the determination of prizes; and
(13) Not contain some form of activation to initiate a wager; and
(14) Not be capable of delivering or determining an outcome from a gambling activity.