Title 230 WAC — Gambling Commission

Chapter 230-01 About the commission.

Wash. Admin. Code § 230-01-005 Address and hours of administrative offices.

(1) Our administrative office is located in Lacey, Washington.

| Mailing Address | Physical Address | | --- | --- | | Washington State Gambling Commission P.O. Box 42400 Olympia, WA 98504-2400 | Washington State Gambling Commission 4565 7th Avenue S.E. Lacey, WA 98503 |

(2) Normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

(3) Send applications for licenses, required license materials, or requests for notices, information, or other inquiries to our mailing address. Send overnight mail and/or packages to our physical address.

History

Statutory Authority: RCW 9.46.070. WSR 20-04-012, § 230-01-005, filed 1/24/20, effective 2/24/20
WSR 07-15-062 (Order 613), § 230-01-005, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-01-010 Field offices and operations.

Direct regulatory and operational questions to our field offices, located at:

| City | Telephone Number | | --- | --- | | Eastern Region Office 901 North Monroe, Suite 240 Spokane, WA 99201 | 509-325-7900 |

History

Statutory Authority: RCW 9.46.070. WSR 20-04-012, § 230-01-010, filed 1/24/20, effective 2/24/20. Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 16-03-068 (Order 717), § 230-01-010, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 9.46.070. WSR 07-15-062 (Order 613), § 230-01-010, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-01-011 Deadlines for submitting items to be included in the commission meeting agenda.

(1) To ensure that the public and the commissioners have sufficient notice of agenda items, we require that items for the commission's monthly meeting agenda be submitted in the format we require and delivered to our administrative office at least fourteen days before the regularly scheduled commission meeting.

(2) Any items submitted after the time frame set forth in subsection (1) of this section must be approved by the commissioners in order to be included on the commission meeting agenda.

(3) We publish the meeting agenda on our website.

History

Statutory Authority: RCW 9.46.070. WSR 20-04-012, § 230-01-011, filed 1/24/20, effective 2/24/20
WSR 07-21-116 (Order 617), § 230-01-011, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-01-020 Commission activities exempt from State Environmental Protection Act.

The commission has reviewed its authorized activities and has found them to be exempt pursuant to WAC 197-10-040(2), 197-10-150 through 197-10-190 and the State Environmental Policy Act, chapter 43.21C RCW.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-062 (Order 613), § 230-01-020, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-01-025 Definitions used in Title 230 WAC.

Words and terms used in these rules have the same meaning as they have in chapter 9.46 RCW, unless otherwise provided in these rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-062 (Order 613), § 230-01-025, filed 7/16/07, effective 1/1/08.

Chapter 230-03 Permitting and licensing rules.

Wash. Admin. Code § 230-03-002 Expiration date for organizational licenses.

(1) As used in this section, "organization" means a charitable or nonprofit organization holding one or more licenses listed in WAC 230-05-160, a commercial stimulant organization holding one or more licenses listed in WAC 230-05-165, and other businesses holding one or more licenses listed in WAC 230-05-170.

(2) Regardless of date of approval, all organization licenses expire June 30th of each calendar year.

History

Statutory Authority: RCW 9.46.070. WSR 24-19-092, s 230-03-002, filed 9/17/24, effective 10/18/24.

Wash. Admin. Code § 230-03-005 Permits for recreational gaming activities.

A recreational gaming activity (RGA) is a nongambling activity, using poker tables and gambling equipment authorized for use in fund-raising events. A RGA is conducted no more than two times per calendar year, by, or on behalf of, a sponsoring organization, business, or association, or department of an organization, business, or association.

(1) An organization, business, or association, or department of an organization, business, or association, that holds or sponsors an RGA must either:

(a) Apply for and get a permit before the event; or

(b) Hire a licensed fund-raising equipment distributor to organize and conduct the activity.

(2) Only members and guests of the sponsoring organization, business, or association, or department of the sponsoring organization, business, or association, may participate in the RGA.

(3) Permit holders must:

(a) Rent the gambling equipment used in the RGA from:

(i) A licensed distributor of fund-raising event equipment; or

(ii) A licensee who has conducted a fund-raising event within the last twelve months; and

(b) Use scrip or chips which have no cash value; and

(4) The permit holder may charge a fee to enter the premises if that fee pays for:

(a) An accompanying meal and entertainment associated with the RGA; or

(b) The costs of renting the equipment used in the RGA.

(5) All prizes must be donated to, or provided by, the permit holder.

(6) The permit holder may allow participants to:

(a) Redeem their scrip or chips for prizes; or

(b) Trade scrip or chips for tickets which are then drawn to determine the prize winners.

History

Statutory Authority: RCW 9.46.070. WSR 08-11-044 (Order 628), § 230-03-005, filed 5/14/08, effective 7/1/08
WSR 06-07-157 (Order 457), § 230-03-005, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-010 Fund-raising equipment distributors must report recreational gaming activities.

If a licensed fund-raising equipment distributor contracts to organize and conduct a recreational gaming activity (RGA) on behalf of the organization, business, or association, or department of an organization, business, or association, the licensed distributor must send us a monthly schedule of those RGAs. The schedule must:

(1) Include the name of the sponsoring organization, business, or association, or department of an organization, business, or association, and the date, location, and time of the RGA.

(2) Identify any prior RGAs conducted by all licensed distributors on behalf of the sponsoring organization, business, or association, or department of an organization, business, or association, within the last calendar year.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-010, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-015, filed 2/9/18, effective 5/1/18
WSR 06-07-157 (Order 457), § 230-03-015, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-018 One annual change of bingo premises allowed.

(1) Once each license year, a bingo licensee may apply to play bingo at a different location (special property bingo).

(2) The bingo activity is limited to:

(a) Three consecutive days; and

(b) Sixteen consecutive hours each day.

(3) The application must be submitted at least 15 days before the event.

(4) The special property bingo permit must be posted on the premises during the event.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-110, s 230-03-018, filed 10/20/25, effective 11/20/25
WSR 08-03-062 (Order 623), § 230-03-018, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-03-020 Punch board and pull-tab service business permit.

(1) You must apply for a punch board and pull-tab service business permit if you:

(a) Reconcile sales, prizes, and cash on hand for punch board and pull-tab series; or

(b) Complete records we require; or

(2) The owners or employees of the punch boards and pull-tab service business must not be employees of the operator.

(3) The owners or employees of the punch boards and pull-tab service business must not provide management advice to the operator.

(4) The punch board and pull-tab service business must apply for a gambling service supplier license if combined gross billings exceed thirty thousand dollars during the permit period.

History

Statutory Authority: RCW 9.46.070. WSR 10-19-052 (Order 673), § 230-03-020, filed 9/14/10, effective 1/1/11
WSR 06-07-157 (Order 457), § 230-03-020, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-025 Applying for a manufacturer's special sales permit.

(1) You may apply for a one-time manufacturer's special sales permit if:

(a) You want to sell authorized gambling equipment as set forth in WAC 230-03-200; and

(b) Gross sales from authorized gambling equipment will be less than twenty-five thousand dollars during your permit year; and

(2) You may be assessed additional fees after an estimate of the permit investigation costs have been established.

(3) The manufacturer's special sales permit will be issued for one year and is not renewable.

(4) Manufacturer's special sales permittees must comply with all rules, including those for manufacturers in chapter 230-16 WAC.

(5) You will need a manufacturer's license if you:

(a) Fail to meet the requirements of a special sales permit; or

(b) Want a renewable, annual license.

History

Statutory Authority: RCW 9.46.070(4). WSR 14-15-130 (Order 701), § 230-03-025, filed 7/22/14, effective 1/1/15. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-025, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-028 Online filing required.

(1) All applicants, licensees, and permit holders must submit the following, if available, online:

(a) All new, renewal, and change applications; and

(b) Gambling equipment submissions and inquiries.

(2) If you are unable to submit online, you must request a waiver in writing. Waivers will be granted if an individual or 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) Some other circumstance or condition exists that, in our judgment, prevents you from submitting online.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-110, s 230-03-028, filed 10/20/25, effective 11/20/25.

Wash. Admin. Code § 230-03-030 Other licenses, certificates, inspections, or permits needed to be considered for a gambling license.

Applicants must prove that they have the required applicable business licenses, permits, health certificates, fire inspections, and use and occupancy permits required by local authorities before being considered for a gambling license.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-030, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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 submit it with the appropriate fees online in the manner we require, or return it, along with the appropriate fees, to our headquarters office.

(2) You must provide us with the required items within thirty days of notification of an incomplete application 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 new application fee they are applying for with their application.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-035, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-035, filed 2/9/18, effective 5/1/18
WSR 06-07-157 (Order 457), § 230-03-035, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-040 Signing the application.

The applicant signs the application under oath and under penalty of perjury under the laws of the state of Washington. This oath affirms that the information on the application and any accompanying materials is accurate and complete.

(1) The person signing the application must be:

(a) The highest ranking officer, or their designee, of a charitable, nonprofit, or profit-seeking corporation, or limited liability company seeking licensure; or

(b) The owner of a sole proprietorship seeking licensure; or

(2) The person seeking an individual license and a designated officer of the organization for which the person will work must both sign the application.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-040, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-03-040, filed 10/22/07, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-040, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-045 Defining substantial interest holder.

(1) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any organization, association, or other business entity.

(2) Evidence of substantial interest may include, but is not limited to:

(a) Directly or indirectly owning, operating, managing, or controlling an entity or any part of an entity; or

(b) Directly or indirectly profiting from an entity or assuming liability for debts or expenditures of the entity; or

(d) Owning ten percent or more of any class of stock in a privately or closely held corporation; or

(e) Owning five percent or more of any class of stock in a publicly traded corporation; or

(f) Owning ten percent or more of the membership shares/units in a privately or closely held limited liability company; or

(g) Owning five percent or more of the membership shares/units in a publicly traded limited liability company; or

(h) Providing ten percent or more of cash, goods, or services for the start up of operations or the continuing operation of the business during any calendar year or fiscal year. To calculate ten percent of cash, goods, or services, take the operational expenses of the business over the past calendar or fiscal year, less depreciation and amortization expenses, and multiply that number by ten percent; or

(i) Receiving, directly or indirectly, a salary, commission, royalties, or other form of compensation based on the gambling receipts.

(3) Spouses of officers of charitable or nonprofit organizations and spouses of officers or board members of publicly traded entities or subsidiaries of publicly traded entities are not considered substantial interest holders, unless there is evidence to the contrary. If so, then an investigation will be conducted to determine if they qualify as a substantial interest holder.

(4) Spouses of officers, owners, or shareholders owning ten percent or more of the organizations' shares of a sports wagering organization are not considered substantial interest holders.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-045, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 13-09-048 (Order 687), § 230-03-045, filed 4/15/13, effective 5/16/13
WSR 06-07-157 (Order 457), § 230-03-045, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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 registered agent as required by state law, and the agent's business 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.

History

Statutory Authority: RCW 9.46.070. WSR 14-21-081 (Order 705), § 230-03-050, filed 10/13/14, effective 1/1/15
WSR 07-21-116 (Order 617), § 230-03-050, filed 10/22/07, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-050, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-052 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 registered agent for receiving and accepting service of process and other communications from us.

(2) The registered agent must have a physical Washington state address at which the agent is available for service of process and be:

(a) A company authorized to conduct business in this state; or

(b) An individual resident of this state who is at least eighteen years old.

History

Statutory Authority: RCW 9.46.070. WSR 14-21-081 (Order 705), § 230-03-052, filed 10/13/14, effective 1/1/15
WSR 08-20-007 (Order 630), § 230-03-052, filed 9/18/08, effective 1/1/09.

Wash. Admin. Code § 230-03-055 Reporting changes to application.

You must notify us if any information required on the application changes or becomes inaccurate in any way within ten days of the change.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-055, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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, linked bingo prize provider, and sports wagering vendor 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.

(2) Recreational gaming activity and agricultural fair permit holders do not need to submit fingerprints.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-060, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-060, filed 2/9/18, effective 5/1/18. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-060, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070(7). WSR 13-17-018 (Order 690), § 230-03-060, filed 8/9/13, effective 9/9/13. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-060, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-061 Fingerprinting persons holding an interest in the building of house-banked card room licensees or charitable or nonprofit licensees in regulatory groups III, IV, or V.

(1) Persons holding an "interest" in the building of house-banked card room licensees or charitable or nonprofit licensees in regulatory groups III, IV, or V licensees must undergo a national criminal history background check, including fingerprinting.

(2) For those licensees licensed before July 1, 2014, the requirement only applies when there is a change in the:

(a) Location of the house-banked card room; or

(b) Location of the charitable or nonprofit licensee's gambling activity.

(3) An "interest" means:

(a) Having fifty percent or more ownership in the building used for the gambling activity; or

(b) Having less than fifty percent ownership in the building used for the gambling activity and having actual or potential influence over the gambling activity.

History

Statutory Authority: RCW 9.46.070(7). WSR 14-11-022 (Order 700), § 230-03-061, filed 5/9/14, effective 7/1/14.

Wash. Admin. Code § 230-03-065 Spouses must also be qualified.

(1) Applicants' spouses must also meet the qualifications to hold a gambling license when married persons who maintain a marital community apply for or hold a license to operate gambling activities. This includes, but is not limited to, owners and substantial interest holders of commercial gambling establishments.

(2) If you are a licensed employee of a gambling operation, officer of a charitable or nonprofit organization, or an officer or a board member of a publicly traded entity or subsidiary of a publicly traded entity, your spouse does not need to meet the licensing qualifications, unless they are deemed to be a substantial interest holder.

(3) Spouses of owners and substantial interest holders of a sports wagering organization are not considered substantial interest holders.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-065, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 13-09-048 (Order 687), § 230-03-065, filed 4/15/13, effective 5/16/13
WSR 06-07-157 (Order 457), § 230-03-065, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-070 Training required for licensing.

(1) You must complete a training course we establish if you:

(a) Signed the licensing application; or

(b) Are a manager; or

(2) You must complete training within thirty days of the effective date of your license.

(3) We do not require manufacturers, manufacturers' representatives, or major sports wagering vendors to complete training. However, all licensees are expected to know and follow all rules upon receiving your license.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-070, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-070, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-075 Withdrawing your application.

(1) You may withdraw your license application for any reason by sending written or electronic mail notice to us. We must receive your written request at our headquarters office before we issue or deny the license.

(2) Withdrawing an application will not affect any future application for a license.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-075, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-075, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-080 License approval process.

(1) The director may issue a temporary license on completion of the licensing investigation for licenses issued under RCW 9.46.070.

(2) The commissioners take action on applications at a public meeting. These actions may include license approval, holding an application over to a future meeting, or returning an application to staff for further investigation.

History

Statutory Authority: RCW 9.46.070. WSR 10-17-088 (Order 670), § 230-03-080, filed 8/16/10, effective 9/16/10
WSR 06-07-157 (Order 457), § 230-03-080, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-085 Denying, suspending, or revoking an application, license or permit.

We may deny, suspend, or revoke any application, license or permit, when the applicant, licensee, or anyone holding a substantial interest in the applicant's or licensee's business or organization:

(1) Commits any act that constitutes grounds for denying, suspending, or revoking licenses or permits under RCW 9.46.075; or

(2) Has been convicted of, or forfeited bond on a charge of, or pleaded guilty to a misdemeanor or felony crime involving physical harm to individuals. "Physical harm to individuals" includes any form of criminal assault, any crime involving a threat of physical harm against another person, or any crime involving an intention to inflict physical harm on another person; or

(3) Has demonstrated willful disregard for complying with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level; or

(4) Has failed to pay gambling taxes to local taxing authorities and the local taxing authority has petitioned us to take action; or

(5) Has failed to pay a quarterly license fee or submit a quarterly license report or has failed to pay a late fee assessed as a result of failure to pay a quarterly license fee or submit a quarterly license report; or

(6) Is serving a period of probation or community supervision imposed as a sentence for any juvenile, misdemeanor, or felony criminal offense, whether or not the offense is covered under RCW 9.46.075(4); or

(7) Is the subject of an outstanding gross misdemeanor or felony arrest warrant; or

(8) Fails to provide us with any information required under commission rules within the time required, or, if the rule establishes no time limit, within 30 days after receiving a written request from us; or

(9) Poses a threat to the effective regulation of gambling, or creates or increases the likelihood of unfair or illegal practices, methods, and activities in the conduct of gambling activities, as demonstrated by:

(a) Prior activities; or

(b) Criminal record; or

(d) Habits; or

(e) Associations; or

(10) Knowingly provides or provided goods or services to an entity that illegally operates gambling activities; or

(11) Has failed to comply with all applicable tribal laws or the provisions of the applicable tribal-state compact and its appendices related to sports wagering, that are in effect at the time of the violation, and as posted on the National Indian Gaming Commission's website at www.nigc.gov (for tribal laws) or our agency website at www.wsgc.wa.gov (for compacts and appendices).

History

Statutory Authority: RCW 9.46.070. WSR 22-07-047, § 230-03-085, filed 3/14/22, effective 4/14/22
WSR 20-08-095, § 230-03-085, filed 3/30/20, effective 4/30/20
WSR 18-05-029, § 230-03-085, filed 2/9/18, effective 7/1/18
WSR 07-21-116 (Order 617), § 230-03-085, filed 10/22/07, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-085, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-090 Defining "agricultural."

(1) "Agricultural" as used in RCW 9.46.0209 means promoting the art or science of:

(a) Cultivating land; or

(b) Harvesting crops or aquatic resources; or

(2) This definition includes incorporated granges as described in chapter 24.28 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-090, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-095 Defining "athletic."

"Athletic" as used in RCW 9.46.0209 means activities which promote physical fitness, sportsmanship, or development of amateur athletes.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-095, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-100 Defining "charitable."

"Charitable," eleemosynary, and benevolent as used in RCW 9.46.0209 mean the same thing. They mean:

(1) Relief of poverty, indigence, or personal distress;

(2) Help for disadvantaged persons;

(3) Treatment and prevention of physical or mental distress;

(4) Assisting youths, seventeen years old or younger, through programs that teach them cultural and social skills necessary to integrate them into society, improve their physical fitness, or prevent delinquency.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-100, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-105 Defining "civic."

"Civic" as used in RCW 9.46.0209 means relating to or belonging to a city, a citizen, or citizenship.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-105, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-110 Defining "educational."

"Educational" as used in RCW 9.46.0209 means training or instructing individuals for the purpose of improving or developing their capabilities. It also means instructing the public on subjects useful to individuals and beneficial to the community.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-110, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-115 Defining "fraternal."

"Fraternal" as used in RCW 9.46.0209 means fraternal societies incorporated under chapter 24.20 RCW and organized under the lodge system with local self-governing branches chartered by a parent organization.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-115, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-120 Defining "patriotic."

"Patriotic" as used in RCW 9.46.0209 means encouraging love of country, loyalty, and support of the United States; veterans' groups are included in this definition.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-120, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-125 Defining "political."

"Political" as used in RCW 9.46.0209 means the process of electing candidates to public or party offices.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-125, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-130 Defining "religious."

"Religious" as used in RCW 9.46.0209 means the advancement of a theological philosophy and the practices and rituals associated with the beliefs or creed of a church, religious society, congregation, or religious denomination, when such practices or rituals are legal.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-130, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-133 Defining "scientific."

"Scientific" as used in RCW 9.46.0209 means the carrying on of scientific research in the public interest. Scientific research will be regarded as carried out in the public interest if it either is performed for the federal or state government or is directed toward benefiting the public. This includes scientific research carried out for the purpose of:

(1) Aiding in the scientific education of students; or

(2) Obtaining scientific information which is published in a treatise, thesis, trade publication, or other form that is made available to the public; or

(3) Discovering a cure for a disease.

History

Statutory Authority: RCW 9.46.070. WSR 21-03-070, § 230-03-133, filed 1/19/21, effective 2/19/21.

Wash. Admin. Code § 230-03-135 Defining "social."

"Social" as used in RCW 9.46.0209 means providing recreation or recreational facilities and conducting other activities for a membership.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-135, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-138 Defining "qualified sports team."

"Qualified sports team" as used in WAC 230-03-153 means a Major League or highest-level team organized in Washington state as a member of Major League Baseball, National Hockey League, National Football League, National Basketball Association, Women's National Basketball Association, Major League Soccer, National Women's Soccer League, Professional MLB-affiliated Minor League teams, or the Western Hockey League.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-018, § 230-03-138, filed 9/22/23, effective 10/23/23
WSR 21-21-079, § 230-03-138, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-03-140 Full and regular membership requirements.

(1) "Bona fide member" means the same thing as "bona fide active member." Bona fide members hold full and regular membership status.

(2) To have full and regular membership status in a Washington charitable or nonprofit organization, you must:

(a) Be at least eighteen years old, unless the organization:

(i) Has a primary purpose that is the development of youth; and

(ii) The only activity the organization conducts is raffles or amusement games, whether licensed or unlicensed; and

(iii) Has at least three members or advisors who are at least eighteen years old and who supervise the operation of the gambling activity; and

(iv) Has an adult member or advisor designated as the manager for the gambling activity; and

(b) Take part in at least one of the following activities of the organization:

(i) Attend at least one regular membership meeting per year; or

(ii) Vote for officers and/or board members; or

(iii) Help set policy by serving as a member of the board of directors or a similar policy setting position; or

(iv) Serve as a volunteer providing services or raising funds from nongambling sources; or

(v) Maintain a level of communication that demonstrates knowledge of the activities of the organization; and

(c) Live within one hundred miles of the main administrative offices of your organization which are located in Washington, or attend seventy-five percent of the organization's board meetings.

History

Statutory Authority: RCW 9.46.070. WSR 09-09-065 (Order 643), § 230-03-140, filed 4/13/09, effective 7/1/09
WSR 06-07-157 (Order 457), § 230-03-140, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-145 Additional requirements for charitable and nonprofit licensing.

(1) Organizations must provide the following records for us to determine the organization's qualifications as a bona fide charitable or nonprofit organization as set forth in RCW 9.46.0209:

(a) Official minutes of the organization's formation meeting and all membership and board meetings for the last twelve months including issues discussed, decisions made, and members in attendance; and

(b) A listing of the names of all "full and regular members." The organization must provide full names, addresses, telephone numbers, and the dates they became full and regular members; and

(d) All correspondence with the Internal Revenue Service and the secretary of state regarding the organization's status as a nonprofit organization; and

(e) Proof of federal tax deductible status for contributions to the organization.

(2) Organizations must provide documents that demonstrate that the organization made significant progress in meeting its stated charitable or nonprofit purpose(s) during the twelve consecutive months before applying for a license.

(3) Organizations must provide, in their bylaws or in their articles of incorporation, a statement that guarantees that, if the organization is dissolved, all the assets remaining after satisfaction of all their debts must be distributed to another charitable or nonprofit organization qualified under RCW 9.46.0209.

(4) Charitable or nonprofit organizations must provide us with the names of gambling managers who will oversee gambling activities. The organization must note on the application which manager has the highest level of authority and assign that person the title "primary gambling manager" on the application.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-145, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-146 Applying for a raffle license by a credit union.

Credit unions may apply for a raffle-credit union license to operate raffles, as authorized under RCW 9.46.0209(2) and 9.46.0315. The credit union must provide:

(1) Proof they are currently a federally or state chartered credit union located in Washington and are in good standing; and

(2) Official meeting minutes of the organization for the last twelve months demonstrating they are in the business for nongambling purposes; and

(3) A listing of the names of the director, board chair, and board as defined in WAC 208-400-020; and

(4) A section in their bylaws or their articles of incorporation guaranteeing that, if the organization is dissolved, all raffle revenues less prizes and expenses must be distributed to a charitable and nonprofit organization as set out in RCW 9.46.0209(1); and

(5) A listing of the charitable and nonprofit organizations as set out in RCW 9.46.0209(1) receiving all raffle revenues less prizes and expenses; and

(6) Any additional information requested by us.

History

Statutory Authority: RCW 9.46.070. WSR 19-23-071, § 230-03-146, filed 11/18/19, effective 12/19/19.

Wash. Admin. Code § 230-03-150 Additional requirements for branches or chapters of eligible parent organizations.

The parent organization must be eligible for a license if an applicant is a branch or chapter of a parent organization. The branch or chapter must also prove that it is, in its own right, qualified to receive a license.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-150, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-152 Additional requirements for enhanced raffles.

(1) The commissioners may vote to approve a bona fide charitable or nonprofit organization, whose primary purpose is serving individuals with intellectual disabilities, to conduct enhanced raffles when they meet the requirements of section 1, chapter 310, Laws of 2013 and submit a plan as designated below.

(2) The bona fide charitable or nonprofit organization must submit a plan to us for each enhanced raffle that includes at least the following information:

(a) The organization's primary purpose for conducting the enhanced raffle; and

(b) A brief overview of the licensee's mission and vision including the type of programs supported by the licensee and clients served; and

(i) Date and location of the grand prize drawing and associated smaller raffles; and

(ii) A description of additional related entries and drawings such as early bird, refer a friend, and multiple ticket drawings; and

(iii) Cost of raffle tickets; and

(iv) Prizes available; and

(v) Security of prizes; and

(vi) Plans for selling raffle tickets; and

(vii) Description of how the licensee protects the integrity of the raffle; and

(d) An explanation of how the proceeds from the raffle will be used; and

(e) A plan to protect the licensee in the event of low ticket sales and other risks; and

(f) An explanation of how the licensee will purchase the prize(s) for the raffle; and

(g) A projected budget including:

(i) Estimated gross gambling receipts, expenses, and net income for the raffle; and

(ii) Minimum number of projected ticket sales to break even; and

(iii) Corresponding sales and prize levels with projected revenues and expenses for each level; and

(iv) Minimum and maximum prizes available; and

(h) Name of the dedicated employee of the organization who will be responsible for oversight of the enhanced raffle operations; and

(i) Name of any licensed service supplier managing the enhanced raffle; and

(j) Name of any licensed call centers contracted to receive enhanced raffle tickets sales; and

(k) Any other information that we request.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-152, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-03-153 Applying to operate electronic raffles.

You must apply for a license to operate electronic raffles if you are a charitable or nonprofit organization who:

(1) Is established by or directly affiliated with a qualified sports team for the purpose of raising funds for charity; and

(2) Plans to conduct electronic raffles in accordance with RCW 9.46.0277 and as authorized in chapter 230-11 WAC.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-03-153, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-03-154 Additional information required with electronic raffle application.

When you apply for an electronic raffle license, you must submit at least the following as part of your application:

(1) The organization's goals for conducting electronic raffles; and

(2) A brief overview of the applicant's mission and vision; including the type of programs supported by the applicant and the clients served; and

(3) Raffle plan, including:

(a) When your organization plans to conduct electronic raffles; and

(b) Cost of raffle tickets including discount levels; and

(d) Description of how the applicant will protect the integrity of the raffle; and

(e) Identify authorized equipment to be used to facilitate the raffles; and

(f) Details for supervision of these raffles; and

(g) Description of the physical draw process and security of the drawing; and

(h) An explanation of how the proceeds from the raffle will be used; and

(i) Any additional information that we request or that the applicant wishes to submit; and

(4) Before you begin electronic raffle operations, we must perform a preoperational review and evaluation (PORE). You must receive our written approval before operating; and

(5) The PORE will determine whether you have:

(a) An organizational structure that supports your proposed accounting and administrative controls; and

(b) Controls in place so that you closely monitor the gambling activity and accurately record financial information.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-03-154, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-03-160 Licensed charitable or nonprofit organizations prohibited from managing or operating commercial gambling activities.

If a licensed charitable or nonprofit organization manages or operates an authorized gambling activity, it must not manage or operate any commercial gambling activity authorized under chapter 9.46 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-160, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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

(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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-161, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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

(d) One limited fund-raising event not to exceed six consecutive hours.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-162, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-163, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-03-164 Applying for a commercial amusement game license.

You must apply for a commercial amusement game license if your business:

(1) Owns and operates approved amusement games in your licensed location; or

(2) Rents or leases approved amusement games for operation in approved locations.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-164, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-03-165 Information required with license application for commercial amusement games.

You must provide in writing all information necessary to comply with RCW 9.46.0331 if you are applying for a commercial amusement game license. Additionally, you must provide the following information:

| (1) All locations: | (a) | A list of times and dates when the applicant will operate the activity; and | | --- | --- | --- | | | (b) | A copy of any rental/lease agreement which allows operation of commercial amusement games at any location the applicant does not own or otherwise control. The applicant must disclose full details of the rental/lease agreement, including any revenue sharing provisions, all costs the applicant will share, and any restrictions on the number of amusement games the applicant operates; and | | | (c) | Copies of any rental or lease contracts related to the amusement game equipment. | | (2) Permanent locations: | (a) | Amusement parks: The number of mechanical or aquatic rides, theatrical productions, motion pictures, and slide show presentations available for the public. | | | (b) | Regional shopping centers: Size of the shopping center, in gross square feet, not including parking areas. | | | (c) | Taverns and restaurants with cocktail lounges: Washington state liquor control board license number and expiration date, and a statement of whether the business prohibits minors from all portions of the premises. | | | (d) | Movie theaters, bowling alleys, miniature golf course facilities, skating facilities, and amusement centers: Complete description of the business activities conducted. For an amusement center, the number of amusement devices, income derived from those devices, and all other business activities conducted during the last twelve months. | | | (e) | Any business whose primary activity is to provide food service for on-premises consumption: Amount of gross income the entire business generates; and the portion of gross income the food service for on-premises consumption generates. | | | (f) | Department or grocery stores: Type of retail products sold; size of the store premises, in gross square feet, not including parking areas. | | (3) Limited time locations: | | The applicant must receive written permission from the sponsor of any activity and provide planned operating dates for all locations at which the applicant plans to operate during the year. This operating plan must be updated any time the dates of operation change. |

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-165, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-170 Defining "business premises."

"Business premises" as used in RCW 9.46.0217 means the building, or portion of the building, set out on the license application.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-170, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-175 Requirements for commercial stimulant businesses.

Businesses must provide evidence for us to determine their qualifications as a commercial stimulant as required in RCW 9.46.0217. That evidence includes, but is not limited to:

(1) Proof that it is an "established business" as used in RCW 9.46.0217. "Established business" means any business that:

(a) Has been open to the public for sales of food or drink for on-premises eating and drinking for ninety days or more; or

(b) Passes an inspection by us, is ready to conduct food or drink sales, and gives us a proposed operating plan which includes:

(i) Hours of operation; and

(ii) Estimated gross sales from each separate activity the business will conduct on the business premises including, but not limited to:

(A) Gross sales from food or drinks sold for "on-premises" eating or drinking; and

(B) Gross sales from food or drinks sold "to go"; and

(2) Proof that it is "primarily engaged in the selling of food or drink for consumption on premises" as used in RCW 9.46.070(2). "Primarily engaged in the selling of food or drink for consumption on premises" means that before receiving a gambling license the business has total gross sales of food or drink for on-premises consumption equal to or greater than all other combined gross sales, rentals, or other income-producing activities which occur on the business premises when measured on an annual basis.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-03-175, filed 10/22/07, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-175, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-177 Applying to operate nonhouse-banked card games—Charitable 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-177, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-03-178 Applying to operate nonhouse-banked card games and/or a Class F endorsement—Commercial 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-178, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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

(d) Use alternative fee collection.

(3) You may not operate more than fifteen card tables.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-179, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-03-180 Additional information required for a house-banked card room application.

If you apply for a house-banked card room license, you must provide at least the following as part of your application:

(1) A detailed description, including flow charts, of your planned internal accounting and administrative control system. You must provide the information in the standard format we require; and

(2) A detailed diagram of the planned physical layout of the business premises. The diagram must include at least:

(a) The location of all gambling tables; and

(b) The location of all surveillance cameras; and

(d) The surveillance room; and

(e) The cashier's cage; and

(3) A detailed description of the card games offered for play, including rules of play, and the type of gambling tables operated, including table layouts.

(4) Before you begin card game operations, we perform a preoperational review and evaluation (PORE). You must receive our written approval before operating.

(5) The PORE determines whether:

(a) You have:

(i) An organizational structure that supports your proposed accounting and administrative controls; and

(ii) Controls in place so that you closely monitor the gambling activities and accurately record financial information; and

(iii) Have enough trained staff; and

(b) The physical layout of the card room and supporting functions can handle the proposed accounting and administrative controls.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-03-180, filed 10/22/07, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-180, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-182 Additional requirements for nonhouse-banked, Class F, and house-banked card rooms.

(1) The licensed business premises of nonhouse-banked, Class F, and house-banked card rooms may not be adjacent to each other unless:

(a) Each is a fully separate and distinct licensed business premises; and

(b) There is a solid wall, with no internal access, between the two premises; and

(2) Subsection (1) of this section does not apply to nonhouse-banked, Class F, and house-banked card room physical locations that have any of the features listed in subsection (1) of this section and were licensed as of July 1, 2018.

(3) Adjacent card rooms must post signs at each entrance that is accessible by the public to clearly notify customers of the licensed business premises' identity.

History

Statutory Authority: RCW 9.46.070. WSR 24-12-002, § 230-03-182, filed 5/22/24, effective 6/22/24.

Wash. Admin. Code § 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 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-185, filed 2/9/18, effective 5/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-19-015, § 230-03-185, filed 9/8/16, effective 10/9/16
WSR 16-08-033 (Order 718), § 230-03-185, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070. WSR 09-11-085 (Order 646), § 230-03-185, filed 5/18/09, effective 7/1/09
WSR 06-07-157 (Order 457), § 230-03-185, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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; or

(5) Buy or lease a group 12 amusement game from another licensee and sell or lease the group 12 amusement game to an amusement game licensee; or

(6) Provide training to licensed and potential punch board/pull-tab operators for compensation; or

(7) Provide assistance to gambling license applicants or licensees seeking gambling license renewal for compensation.

History

Statutory Authority: RCW 9.46.070. WSR 19-15-060, § 230-03-190, filed 7/15/19, effective 8/15/19
WSR 18-05-026, § 230-03-190, filed 2/9/18, effective 5/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-19-015, § 230-03-190, filed 9/8/16, effective 10/9/16
WSR 16-08-033 (Order 718), § 230-03-190, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-190, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-192, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-03-195 Additional information required from manufacturer, distributor, and sports wagering vendor license applicants.

If you are applying for a manufacturer, distributor, or sports wagering vendor license, you must attach the following to your application form or submit the following in a manner we require:

(1) A list of all businesses or corporations which you, or officers, directors, or substantial interest holders of your business, either directly or indirectly, own or control as a substantial interest holder; and

(2) A list of all businesses or corporations licensed to conduct gambling activities or to supply gambling-related equipment, supplies, or services in which you, officers, directors, or substantial interest holders of your business have any interest; and

(3) A list of all jurisdictions in which you or any of the officers, directors, or substantial interest holders of your business have had a gambling-related license at any level during the previous ten years; and

(4) A statement about whether you, or officers, directors, or substantial interest holders have ever been part of a business that had a gambling-related license denied, revoked, or suspended by any jurisdiction for a period longer than thirty days.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-195, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-195, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-196 Additional information required for sports wagering vendors.

Sports wagering vendor applicants must provide contracts and agreements, or proposed contracts or agreements, with any third parties, excluding contracts or agreements with Washington state tribes, that are part of their sports wagering offerings for review for compliance with chapter 9.46 RCW and Title 230 WAC. Contracts or agreements to be provided for review will relate to the applicant's or third-party vendor's sports wagering equipment, goods, services, and information.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-196, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-200 Defining "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

(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;

(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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-03-200, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-03-200, filed 5/19/23, effective 6/19/23
WSR 21-21-079, § 230-03-200, filed 10/18/21, effective 11/18/21
WSR 06-07-157 (Order 457), § 230-03-200, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-210 Applying for a gambling service supplier license.

(1) You must apply for a gambling service supplier license if you perform any of the following gambling-related services for compensation:

(a) Consulting or advisory services regarding gambling activities; or

(b) Gambling management services; or

(c) Financing for more than one licensee for purchases or leases of gambling equipment or financing for providing infrastructure or facilities, or equipment that supports gambling operations:

(i) Once you have financed more than one licensee, you must be a licensed gambling service supplier until all loans with licensees or previous licensees are paid; or

(ii) Once you have been a licensed gambling service supplier, you must be licensed as a gambling service supplier again before financing purchases or leases for any licensee; or

(d) Acting as a lending agent, or loan servicer, or placement agent; or

(e) Providing the assembly of components for gambling equipment under a contract with a licensed manufacturer or entering into an ongoing financial arrangement for gambling related software with a licensed manufacturer; or

(f) Installing, integrating, maintaining, or servicing digital surveillance systems that allow direct access to the operating system; or

(g) Training individuals to conduct authorized gambling activities; or

(h) Providing any other service or activity where influence may be exerted over any gambling activity licensed by the commission; or

(i) Performing the testing and certification of tribal lottery systems and sports wagering systems in meeting requirements specified in tribal-state compact; or

(j) Performing the testing and certification of gambling equipment as required by Title 230 WAC; or

(k) Providing nonmanagement-related recordkeeping or storage services for punch board and pull-tab operators, when the combined total gross billings from such services exceed $30,000 during any permit period or license year.

(2) You do not need a gambling service supplier license if you are:

(a) A bank, mutual savings bank, or credit union regulated by the department of financial institutions or any federally regulated commercial lending institution; or

(b) A university or college regulated by the Washington state board of community and technical colleges and the higher education coordinating board that trains individuals to conduct authorized gambling activities; or

(c) An attorney, accountant, or governmental affairs consultant whose primary business is providing professional services that are unrelated to the management or operation of gambling activities; or

(d) A person who only provides nonmanagement-related recordkeeping or storage services for punch board and pull-tab operators, when the combined total gross billings from such services do not exceed $30,000 during any permit period; or

(e) A person who provides names, images, artwork or associated copyrights, or trademarks, or patent use, or other features that do not affect the results or outcome of the game, for use in gambling equipment; or

(f) Regulated lending institutions; or

(g) A licensed distributor who provides any of the following services for compensation:

(i) Training to licensed and potential punch board/pull-tab operators; or

(ii) Providing assistance to gambling license applicants or licensees seeking gambling license renewal.

History

Statutory Authority: RCW 9.46.070. WSR 22-01-183, § 230-03-210, filed 12/20/21, effective 1/20/22
WSR 19-15-060, § 230-03-210, filed 7/15/19, effective 8/15/19
WSR 10-19-052 (Order 673), § 230-03-210, filed 9/14/10, effective 1/1/11
WSR 07-21-116 (Order 617), § 230-03-210, filed 10/22/07, effective 1/1/08
WSR 06-24-030 (Order 605), § 230-03-210, filed 11/29/06, effective 1/1/08
WSR 06-07-157 (Order 457), § 230-03-210, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-211 Defining "lending agent," "loan servicer," or "placement agent."

(1) "Lending agent," "loan servicer," or "placement agent" means any person or entity, other than a regulated lending institution, that finds, administers, facilitates, or services loans for a licensee.

(2) The services of lending agents, loan servicers, or placement agents include, but are not limited to:

(a) Charging an ongoing fee for their services;

(b) Maintaining rights as the lender;

(d) Maintaining access to collateral.

History

Statutory Authority: RCW 9.46.070. WSR 06-24-030 (Order 605), § 230-03-211, filed 11/29/06, effective 1/1/08.

Wash. Admin. Code § 230-03-212 Defining "regulated lending institution."

(1) "Regulated lending institution" means any state or federally regulated organization primarily in the business of lending money for investment purposes.

(2) "Regulated lending institutions" must:

(a) Register with the Securities and Exchange Commission or any United States federal or state governmental banking or financial regulatory agency.

(b) Be actively regulated by the Securities and Exchange Commission or any other United States federal or state governmental banking or financial regulatory agency. "Active regulation" means:

(i) Reporting annually on lending activities to the regulatory agency; and

(ii) Receiving regular audits or inspections by the regulatory agency.

(c) Act as passive investors in the licensee. "Passive investors" mean investors who have no actual or potential influence over the operations of the licensee. A "passive investor" does not:

(i) Appoint or have the right to appoint officers, directors, consultants, or other positions with the licensee;

(ii) Require the licensee to seek approval or authorization in making business decisions;

(iii) Have full access to the records of the licensee;

(iv) Have the ability to convert debt into shares which would result in the lender becoming a substantial interest holder in the licensee; or

(v) Have any other influence or control over the licensee.

(d) Have nongambling-related businesses as a majority of their outstanding loans receivable.

History

Statutory Authority: RCW 9.46.070. WSR 06-24-030 (Order 605), § 230-03-212, filed 11/29/06, effective 1/1/08.

Wash. Admin. Code § 230-03-215 Gambling service suppliers prohibited from assuming ultimate responsibility.

If you are or are applying to be a gambling service supplier, you must not assume ultimate responsibility for any licensee's gambling activity.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-215, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-220 Marketing level restrictions for punch board or pull-tab manufacturers, distributors, or operators.

(1) The different marketing levels for punch board and pull-tabs are:

(a) Operator; and

(b) Distributor or manufacturer.

(2) If you are a manufacturer or distributor, or spouse of a manufacturer or distributor of punch boards, pull-tabs, pull-tab dispensing devices, or related equipment, you must not have a substantial interest in a business that operates punch boards or pull-tabs.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-220, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-225 Marketing level restrictions for punch board or pull-tab gambling service suppliers.

If you are a substantial interest holder in a licensed gambling service supplier who provides services to punch board and pull-tab operators, you must not hold a substantial interest in a licensed manufacturer or distributor of punch boards or pull-tabs.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-225, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-226 Applying for linked bingo prize provider license.

(1) You must apply for a linked bingo prize provider license if you provide bingo operators the means to link bingo prizes, including:

(a) Equipment and supplies to offer linked bingo; and

(b) Linked bingo prize management; and

(2) Distributors must receive a linked bingo prize provider license before providing gambling equipment and supplies to play linked bingo games.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, recodified as § 230-03-226, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-230, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-227 Applying for an enhanced raffle call center license.

(1) You must apply for an enhanced raffle call center license if you receive authorized enhanced raffle ticket sales.

(2) The licensing process may include an on-site review of your call center process to ensure compliance with applicable gambling laws and rules, and your qualifications for licensure.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, recodified as § 230-03-227, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-232, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-03-229 Applying for a major sports wagering vendor license.

You must apply for a major sports wagering vendor license if you provide integral sports wagering goods or services in our state. This includes:

(1) Managing a Tribe's or Tribes' sports wagering operations;

(2) Being a Tribe's or Tribes' primary consultant who provides substantial sports wagering related services;

(3) Being a manufacturer or distributor of a sports wagering system(s);

(4) Providing bookmaking services; or

(5) Providing sports wagering risk management services.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-229, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-231 Applying for a mid-level sports wagering vendor license.

You must apply for a mid-level sports wagering vendor license if you provide services or equipment related to data, security, and integrity that include, but are not limited to:

(1) Integrity monitoring;

(2) Data to be used by a Tribe(s) or sports wagering vendor, including data to set odds;

(3) The compilation, furnishing, or storage of data for use in sports wagering;

(4) Initial or annual wagering system security testing or assessment;

(5) Geofence and geolocation compliance and monitoring; and

(6) Sports wagering account management, including Software-as-a-Service (SaaS) products.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-231, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-233 Applying for an ancillary sports wagering vendor license.

You must apply for an ancillary sports wagering vendor license if you provide necessary sports wagering support services that include, but are not limited to:

(1) Mobile payment processing for use in mobile sports wagering;

(2) Know your customer or identity verification for use in mobile sports wagering; and

(3) Marketing or promotional affiliates for a sports wagering vendor or tribal sports wagering operator where the contractual financial arrangement is based on a percentage of an operator's sports wagering revenue.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-233, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-234 Sports wagering vendor applicants and associated entities in their corporate structure.

You must apply for a sports wagering vendor license if you enter into contracts or agreements to provide sports wagering gaming goods or services to operators or other sports wagering vendors for sports wagering goods or services in our state. Any associated organizations linked to the sports wagering applicant in their corporate structure, who provides sports wagering goods or services to the applicant, must comply with our rules. The applicant will have the ultimate responsibility for any goods or services provided by another legal entity associated to the applicant. This only includes organizations in the applicant's corporate ownership structure.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-234, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 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 bingo or punch board and pull-tab licensee with gross gambling receipts over one hundred fifty thousand dollars in their previous licensing year; or

(2) Will be responsible for overseeing the operation of electronic raffles to include, but not limited to, being on-site during the operation of an electronic raffle, documenting the functionality of the electronic raffle system, and observing the manual draw; or

(3) Will be the supervisor of gambling managers who manage: Electronic raffles or a bingo or punch board and pull-tab licensee with gross gambling receipts over one hundred fifty thousand dollars in their previous license year; or

(4) 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) Will be the supervisor of the operation of progressive jackpot pull-tab games.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-03-235, filed 10/18/21, effective 11/18/21
WSR 18-05-026, § 230-03-235, filed 2/9/18, effective 5/1/18
WSR 06-07-157 (Order 457), § 230-03-235, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-240 Working before receiving a charitable or nonprofit gambling manager license.

(1) You may begin performing the duties of a charitable or nonprofit gambling manager only after you have submitted a completed application and fees for licensing.

(2) If you meet any of the conditions of RCW 9.46.158, you must not perform any of the duties of a charitable or nonprofit gambling manager until you receive a license from us.

(3) If you elect to perform any of the duties of a charitable or nonprofit gambling manager before licensing, we will keep your entire application fee regardless of the outcome of your application.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-240, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-245 Licensing period for charitable or nonprofit gambling manager.

The charitable and nonprofit gambling manager license is valid for no more than one year beginning on the date we received your application and fees.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-245, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-250 Applying for a commercial gambling manager license.

You must have a commercial gambling manager license if you supervise the operation of progressive jackpot pull-tab games. We do not require owners, partners, major officers, or owners of a substantial interest of a corporation to have commercial gambling manager licenses.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-250, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-255 Working before receiving a commercial gambling manager license.

(1) You may begin performing the duties of a commercial gambling manager only after you have submitted a completed application and fees for licensing.

(2) If you meet any of the conditions of RCW 9.46.158, you must not perform any of the duties of a commercial gambling manager until you receive a license from us.

(3) If you elect to perform any of the duties of a commercial gambling manager before licensing, we will keep your entire application fee, regardless of the outcome of your application.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-255, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-260 Licensing period for commercial gambling manager.

The commercial gambling manager license is valid for no more than one year beginning on the date we received your application and fees.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-260, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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:

(a) Commercial nonhouse-banked card room charging a fee to play;

(b) Class F endorsed nonhouse-banked card room; or

(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.

History

Statutory Authority: RCW 9.46.070. WSR 20-08-095, § 230-03-265, filed 3/30/20, effective 4/30/20
WSR 18-05-026, § 230-03-265, filed 2/9/18, effective 5/1/18
WSR 06-07-157 (Order 457), § 230-03-265, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-270 Working as a card room employee before receiving a license.

(1) If you have applied for a card room employee license, you may perform card room duties before receiving the license if you have waited at least ten days from the date we received your application and fees.

(2) We may waive the ten-day waiting period if:

(a) Your employer can demonstrate an urgent and unexpected need for you as an employee; and

(b) Your employer's business would close or the control structure of the activity would be weakened if we failed to grant such waiver; and

(d) You pay the fee for the waiver.

(3) If you meet any of the conditions of RCW 9.46.158, you must not perform the duties of a card room employee until you receive a license.

(4) If you choose to perform the duties of a card room employee before receiving your license, we will keep the entire application fee regardless of the outcome of your application.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-270, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-275 Licensing period for card room employee.

The card room employee license is valid for no more than one year beginning on the date we receive your application and fees.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-275, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-280 Substantial interest holders not required to be licensed as card room employees.

If you are a substantial interest holder in a business licensed to operate a public card room or a spouse of the same, you do not have to have an additional license to perform card room employee duties connected with that card room.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-280, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-285 Class III gaming employee working as card room employee.

A certified Class III gaming employee must submit an application and pay a fee before beginning work for a public card room.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-285, filed 2/9/18, effective 5/1/18
WSR 06-07-157 (Order 457), § 230-03-285, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-300 Applying for a manufacturer's representative license.

You must apply for a manufacturer's representative license if you sell, promote, or provide a manufacturer's gambling equipment, or supplies, or you supervise those who do.

History

Statutory Authority: RCW 9.46.070. WSR 09-24-012 (Order 664), § 230-03-300, filed 11/20/09, effective 12/21/09
WSR 06-07-157 (Order 457), § 230-03-300, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-305 Applying for a distributor's representative license.

You must apply for a distributor's representative license if you are employed by a licensed distributor to sell, promote, or provide that distributor's gambling equipment, or supplies, or you supervise those who do.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-305, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-310 Applying for a gambling service supplier's representative license.

You must apply for a gambling service supplier's representative license if you are employed by a licensed gambling service supplier to provide gambling-related services, or you supervise those who do.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-310, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-311 Applying for a major sports wagering vendor representative license.

You must apply for a major sports wagering representative license if you, as an individual, are employed or contracted by a major sports wagering vendor to represent, service, or work in any sports wagering activities in our state or you supervise those who do.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-311, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-312 Applying for a mid-level sports wagering vendor representative license.

You must apply for a mid-level sports wagering representative license if you, as an individual, are employed or contracted by a mid-level sports wagering vendor to represent, service, or work in any sports wagering activities in our state or you supervise those who do.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-312, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-313 Applying for an ancillary sports wagering vendor representative license.

You must apply for an ancillary sports wagering representative license if you, as an individual, are employed or contracted by an ancillary sports wagering vendor to represent, service, or work in any sports wagering activities in our state or you supervise those who do.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-313, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-03-315 Applying for a linked bingo prize provider representative license.

You must apply for a linked bingo prize provider representative license if you are employed by a linked bingo prize provider in any of the provider's activities in connection with the management of a linked bingo prize game or distribution of supplies for those games.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-315, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-317 Applying for an enhanced raffle call center representative license.

You must apply for an enhanced raffle call center representative license if you are employed by a licensed enhanced raffle call center to receive enhanced raffle ticket sales or to supervise those who do.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-317, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-03-320 Substantial interest holders not required to be licensed as representatives.

(1) If you are a substantial interest holder in a business licensed to operate a manufacturer, distributor, gambling service supplier, call centers for enhanced raffles, or linked bingo prize provider or a spouse of the same, you do not have to have an additional license to perform representative duties connected with that licensed business.

(2) If you are a substantial interest holder in a business licensed as a sports wagering vendor, you do not need to have an additional sports wagering vendor representative license to perform representative duties connected with that licensed business.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-320, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-320, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-320, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-325 Office, clerical, or warehouse workers not required to be licensed as representatives.

Except for enhanced raffle call center representatives, if you are an office, clerical, or warehouse worker and have contact with customers or potential customers only by telephone at your employer's business premises and work under the immediate and direct supervision of a substantial interest holder or a licensed manager or supervisor, you do not have to have a representative license.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-325, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-325, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 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) Sports wagering vendor representatives may represent more than one licensed sports wagering vendor so long as their representation would not create a conflict that would undermine the integrity of sports wagering or a sporting event.

(4) If the owner you represent owns more than one licensed business, you may represent the owner in all those licensed businesses, including licensed manufacturers.

(5) You must submit an application and pay a fee before beginning work at a new or additional employer.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-330, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-03-330, filed 2/9/18, effective 5/1/18
WSR 09-24-012 (Order 664), § 230-03-330, filed 11/20/09, effective 12/21/09
WSR 06-07-157 (Order 457), § 230-03-330, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-335 Representatives must not work before receiving a license.

If you are applying for a license as a representative for a manufacturer, distributor, gambling services supplier, call centers for enhanced raffles, a sports wagering vendor, or linked bingo prize provider, you must not work until you receive a license from us.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-03-335, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-03-335, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-335, filed 3/22/06, effective 1/1/08.

Wash. Admin. Code § 230-03-340 Gambling service supplier representative must report conflicts of interest.

If a licensed gambling service supplier representative has a substantial interest in a licensed manufacturer or distributor, they must inform us, the punch board, pull-tab, or bingo operators to whom they provide services, and the affected licensed manufacturer or distributor of the substantial interest and their intention to act as a gambling service supplier representative.

History

Statutory Authority: RCW 9.46.070. WSR 06-07-157 (Order 457), § 230-03-340, filed 3/22/06, effective 1/1/08.

Chapter 230-05 Fees.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-104, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-106, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-108, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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, if applicable. This also is the rate used for quarterly license reports.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-110, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-110, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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) Electronic raffles | Purchasing chances to enter. | | (d) Bingo | Fees or purchase of cards to participate. | | (e) Amusement games | Amounts paid to play amusement games. | | (f) 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. | | (g) Manufacturers and distributors | (i) Fees from sales, rentals, leases, royalties, and service fees collected for the following gambling equipment in Washington to include, but not limited to: • Bingo paper or bingo cards; • Punch boards and pull-tabs; • Devices for dispensing pull-tabs; • Electronic raffle systems; • 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. | | | (ii) 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. | | (h) 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. | | (i) Punch board/pull-tab service businesses | Providing nonmanagement related recordkeeping or storage services for punch board and pull-tab operators. | | (j) Fund-raising event distributors | Fees from contracts to organize and conduct recreational gaming activities. | | (k) 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. | | (l) Major sports wagering vendor | Fees or revenues received from providing sports wagering goods and services, including management, consulting, sales, rentals, leases, and royalties, for any sports wagering activities in Washington. | | (m) Mid-level sports wagering vendor | Fees or revenues received from providing sports wagering goods and services, including sales, rentals, leases, and royalties, for any sports wagering activities in Washington. | | (n) Ancillary sports wagering vendor | Fees or revenues from providing sports wagering goods and services, including sales, rentals, leases, and royalties, for any sports wagering activities in Washington. |

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-05-112, filed 10/18/21, effective 11/18/21. Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-112, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 20-08-095, § 230-05-112, filed 3/30/20, effective 4/30/20
WSR 18-05-026, § 230-05-112, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-114, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-116, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-120 Paying annual license fee.

(1) All licensed organizations will pay annual license fees. The annual license fee will be up to five payments and 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, if applicable, 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, if applicable, 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.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-120, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-120, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.)

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-122, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-124 Quarterly license reports and quarterly license fees.

Licensed organizations must submit quarterly license reports. Licensed organizations must also submit quarterly license fees to us, if applicable, 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 31 | | July 1 through September 30 | October 31 | | October 1 through December 31 | January 31 |

(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.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-124, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 20-12-046, § 230-05-124, filed 5/28/20, effective 6/28/20
WSR 18-05-026, § 230-05-124, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-125 Report gross gambling receipts on the quarterly license report.

(1) You must report your gross gambling receipts for each of your licensed gambling activities during the previous quarter on your quarterly license report.

(2) You must submit a quarterly license report even if you:

(a) Only need to pay your base license fee;

(b) Have paid the maximum annual license fee for your license year;

(d) Have no gross gambling receipts to report;

(e) Close your business;

(f) Surrender your license;

(g) Do not renew your license; or

(h) Your license is revoked or suspended.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-125, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-11-055, § 230-05-125, filed 5/10/18, effective 6/10/18.

Wash. Admin. Code § 230-05-126 Online quarterly license report filing required with waivers available upon request for good cause.

(1) All licensees must submit quarterly licensing reports online.

(2) We may waive this requirement 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) Some other circumstance or condition exists that, in our judgment, prevents you from submitting online.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-110, s 230-05-126, filed 10/20/25, effective 11/20/25. Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-126, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-126, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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 license fees are received at our administrative office in Lacey at least 30 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.

History

Statutory Authority: RCW 9.46.070. WSR 24-19-092, s 230-05-128, filed 9/17/24, effective 10/18/24
WSR 18-05-026, § 230-05-128, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-132 Late filing of quarterly license reports or late payment of quarterly license fees—Penalties.

(1) Licensees who do not file their quarterly license reports and/or pay quarterly license fees by the end of the month following the end of each quarter are in violation of this chapter.

(2) The commission may, for good cause shown in writing, extend the time for making and filing any return, and may grant such reasonable additional time within which to make and file returns as it may deem proper.

(3) Licensees will be afforded one 30-day late filing and payment period after their quarterly license reports and quarterly license fees are due. However, a $25 fee will be charged for each day a licensee fails to file a quarterly license report or pay quarterly license fees during the 30-day late filing and payment period.

(4) A licensee's failure to file quarterly license reports or pay quarterly license fees during the 30-day late filing and payment period could result in administrative action against their licenses.

(5) The commission may, for good cause shown in writing, reduce or waive late filing fees as it may deem proper.

(6) 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.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-110, s 230-05-132, filed 10/20/25, effective 11/20/25
WSR 18-05-026, § 230-05-132, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-134, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-136 Prorating or refunding fees.

(1) We will not prorate or refund fees when:

(a) You discontinue your gambling activities; or

(b) You voluntarily surrender your license or permit; or

(2) 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

(d) We received duplicate license fees.

History

Statutory Authority: RCW 9.46.070. WSR 24-19-092, s 230-05-136, filed 9/17/24, effective 10/18/24
WSR 18-05-026, § 230-05-136, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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; or

(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.

History

Statutory Authority: RCW 9.46.070. WSR 20-08-095, § 230-05-138, filed 3/30/20, effective 4/30/20
WSR 18-05-026, § 230-05-138, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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

(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.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-026, § 230-05-140, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 230-05-142 Fees for review of gambling equipment, supplies, services, or games.

(1) You must apply to us if you want to 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.

History

Statutory Authority: RCW 9.46.070. WSR 20-08-095, § 230-05-142, filed 3/30/20, effective 4/30/20
WSR 18-05-026, § 230-05-142, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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 | $70 plus $70 per approved location | 0.774% | $1,600 | | Bingo | $70 | 0.488% | $17,600 | | Card games - House-banked | $11,000 | 1.550% | $64,000 | | Card games - Nonhouse-banked | $70 | 0.456% | $1,600 | | Combination | $140 | - | - | | Fund-raising equipment distributor | $295 | 1.516% | $1,120 | | Punch board/pull-tabs | $715 | 1.516% | $16,000 | | Raffles | $70 | 3.583% | $3,200 | | Raffles - Credit Union | $70 | 3.583% | $3,200 | | Raffles - Enhanced | $5,500 | 0.456% | $51,200 | | Raffles - Electronic* | $5,500 | 3.583% | $51,200 |

| * | Commission will bill for actual expenses related to verifying/investigating electronic raffle operating and system requirements. | | --- | --- |

(2) Event licenses or permits:

| License Type | Base License Fee | Gross Gambling Receipts Rate | Maximum Annual License Fee | | --- | --- | --- | --- | | Fund-raising event | $200 | 3.318% | $1,600 | | Recreational gaming activity | $70 | - | - | | Special property bingo/change of bingo premises | $35 | - | - |

(3) Change fees:

| Change of: | Fee | | --- | --- | | Name | $110 | | Location | $110 | | Fund-raising event location, date, or time | $55 |

(4) Other fees:

| Transaction | Fee | | --- | --- | | Add a new amusement game location | $70 | | Duplicate license | $55 | | Review, inspection, and/or evaluation of gambling equipment, supplies, services, games, or schemes | Deposit and cost reimbursement |

History

Statutory Authority: RCW 9.46.070. WSR 23-11-093, § 230-05-160, filed 5/18/23, effective 6/18/23
WSR 21-21-079, § 230-05-160, filed 10/18/21, effective 11/18/21
WSR 20-04-011, § 230-05-160, filed 1/24/20, effective 2/24/20
WSR 18-05-026, § 230-05-160, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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 | $70 | 1.550% | $32,000 | | Card games - House-banked | $11,000 | 1.550% | $64,000 | | Punch boards/pull-tabs | $770 | 1.516% | $20,800 |

(2) Change fees:

| Change of: | Fee | | --- | --- | | Name | $110 | | Location | $110 | | Business classification (same owners) | $110 | | Corporate stock/limited liability company shares/units | $110, and cost reimbursement for investigating the transaction and qualification of each substantial interest holder | | License transfers | $110 |

(3) Other fees:

| Transaction | Fee | | --- | --- | | Duplicate License | $55 |

History

Statutory Authority: RCW 9.46.070. WSR 23-11-093, § 230-05-165, filed 5/18/23, effective 6/18/23
WSR 18-05-026, § 230-05-165, filed 2/9/18, effective 5/1/18.

Wash. Admin. Code § 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) | $220 | - | - | | Call centers for enhanced raffles | $5,280 | - | - | | Commercial amusement games | $550 plus $70 per approved location | 1.198% | $17,600 | | Distributor | $770 | 1.516% | $11,200 | | Fund-raising event distributor | $310 | 1.516% | $1,600 | | Linked bingo prize providers | $1,650 | 0.048% | $32,000 | | Manufacturer | $1,650 | 1.516% | $40,000 | | Manufacturer's special sales permit | $275 | - | - | | Punch board/pull-tab service business permit | $275 | - | - | | Gambling service supplier | $330 | 1.516% | $11,200 | | Major sports wagering vendor | $30,000 | - | - | | Mid-level sports wagering vendor | $5,000 | - | - | | Ancillary sports wagering vendor | $2,000 | - | - |

(2) Events or permits:

| License or Permit Type | Base License Fee | Gross Gambling Receipts Rate | Maximum Annual License Fee | | --- | --- | --- | --- | | Recreational gaming activity | $70 | - | - | | Special property bingo | $35 | - | - |

(3) Change fees:

(4) Other fees:

| Transaction | Fee | | --- | --- | | Add a new amusement game location | $70 | | Defective punch board/pull-tab cost recovery fees | Up to $110 | | Duplicate license | $55 | | 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 |

History

Statutory Authority: RCW 9.46.070. WSR 23-11-093, § 230-05-170, filed 5/18/23, effective 6/18/23. Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-170, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-11-055, § 230-05-170, filed 5/10/18, effective 6/10/18.

Wash. Admin. Code § 230-05-175 Individual license fees.

Individuals must pay the following fees:

(1) Annual license and additional employer fees:

| License Type | New Application Fee | Annual Renewal Fee | Additional or Change of Employer Fee | | --- | --- | --- | --- | | Call center for enhanced raffle representative | $275 | $170 | - | | Card room employee license - Nonhouse-banked (Class A) | $200 | $95 | $65 | | Card room employee license - Class F and house-banked (Class B) | $275 (in-state) $340 (out-of-state) | $170 | $65 | | Charitable or nonprofit gambling manager | $200 | $95 | $95 | | Commercial gambling manager | $200 | $95 | $95 | | Distributor representative | $275 | $170 | $65 | | Linked bingo prize provider representative | $275 | $170 | $65 | | Manufacturer representative | $275 | $170 | $65 | | Gambling service supplier representative | $275 | $170 | $65 | | Major sports wagering vendor representative | $275 | $170 | $65 | | Mid-level sports wagering vendor representative | $275 | $170 | $65 | | Ancillary sports wagering vendor representative | $275 | $170 | $65 |

(2) Class B card room employees must pay the out-of-state application fee if over the last ten years the applicant lived outside of Washington for six nonconsecutive months or more.

(3) Other service fees:

| Transaction | Fee | | --- | --- | | Change of name | $30 | | Card room employee emergency waiver request | $65 | | Duplicate license | $30 |

(4) Military personnel returning from service. If a license expires while an individual is on active military service, the individual may apply to have their license reissued at the renewal fee. The application must be received within six months after completing their active military service. The applicant must provide evidence of the completion date of active military service.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-05-175, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-08-053, § 230-05-175, filed 3/30/18, effective 5/1/18.

Wash. Admin. Code § 230-05-177 Temporary reduction of base license fees.

(2) For organizations renewing their license with a license effective date between October 1, 2024, and April 1, 2025, the base license fee will be prorated as follows:

| License effective date | Base license fee reduction | | --- | --- | | October 1, 2024 | 25 percent | | January 1, 2025 | 50 percent | | April 1, 2025 | 75 percent |

(3) Organizations that renewed before the effective date of this rule will receive a refund of 25 percent of the base fee paid. All other organizations renewing will pay a reduced base fee amount.

(4) This rule is only effective through June 30, 2025.

History

Statutory Authority: RCW 9.46.070. WSR 24-19-092, s 230-05-177, filed 9/17/24, effective 10/18/24.

Chapter 230-06 Rules for all licensees.

Wash. Admin. Code § 230-06-002 "We," "our," and "us" mean the commission and staff.

In this title, "we," "our," and "us" mean the designated commission staff. If a rule refers to the powers or duties of the commissioners or the director or director's designee, the rule states specifically "commissioners" or "director or director's designee."

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-002, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-003 Defining "cash."

"Cash," when used as a noun in this title, means currency in the form of coins or bills issued by the government of the United States or Canada only and does not include electronic, digital or other representations of money or other methods of payment.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-052 (Order 621), § 230-06-003, filed 1/11/08, effective 2/11/08.

Wash. Admin. Code § 230-06-004 Defining "consecutively numbered," "consecutive," and "consecutively."

(1) "Consecutively numbered" means a numbering system normally beginning with the number one, increased by one for each unit added to the group, and ending with a number equal to the total number of units in the group.

(2) "Consecutive" and "consecutively" mean one after the other without gaps.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-004, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-005 Accept checks in gambling activities.

(1) Licensees may accept a check in the place of cash from a player for authorized gambling activities if the check is fully negotiable when it is accepted and is:

(a) From the player's personal account and is dated the same day; or

(b) Issued by a government agency or by a business, such as a payroll check.

(2) Licensees must not accept:

(a) Third-party checks drawn on a personal account or counter checks; or

(b) Checks from a player who owes the licensee money from a previous returned personal check. If licensees use check guarantee and collection services, this subsection does not apply.

(3) If licensees accept a check in violation of the provisions of this section, they are violating the rules against extending credit.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-005, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-006 Defining debit card.

"Debit card," as used in this title, means a physical payment card linked to and issued by a bank, mutual savings bank, or credit union regulated by the department of financial institutions or any federally regulated commercial institution, for the purposes of making payments for purchases or services electronically in place of cash. Debit cards must be linked to checking or savings accounts with funds on deposit and available to be withdrawn.

History

Statutory Authority: RCW 9.46.070. WSR 23-11-108, § 230-06-006, filed 5/19/23, effective 6/19/23.

Wash. Admin. Code § 230-06-007 Licensed employees must wear nametags.

(1) Licensed employees must wear a nametag when working or playing cards at their place of employment.

(2) Off-duty card room employees do not have to wear a nametag while playing if the card room operator clearly posts a sign stating, "Employees of this card room may participate in the card games while off-duty as players. Upon your request, the card room floor person will identify any employee playing cards."

(3) The nametag must:

(a) Be provided by the operator; and

(b) Be a minimum of three inches by two inches; and

(d) Display the employer's name; and

(e) Be worn on the employee's chest; and

(f) Be clear and visible to the players in the gambling activity.

(4) The employee and operator are equally responsible to ensure the nametag is properly displayed.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-06-007, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-06-010 Age restrictions for players.

No person must allow anyone under the age of eighteen to participate in gambling activities except:

(1) To play in licensed bingo games when accompanied by an adult member of his or her immediate family or a guardian, who is at least eighteen years old:

(a) "Immediate family" means only the spouse, parents, or grandparents of an individual; and

(b) "Guardian" means only a court-appointed, legal guardian of an individual; or

(2) To play bingo at agricultural fairs or school carnivals; or

(3) To play amusement games; or

(4) To sell raffle tickets for a charitable or nonprofit organization that:

(a) Has development of youth as a primary purpose; and

(b) Has at least three members or advisors who are at least eighteen years old and who supervise the operation of the raffle; and

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-010, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-010, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 09-19-082 (Order 659), § 230-06-011, filed 9/17/09, effective 10/18/09.

Wash. Admin. Code § 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, email, 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.

History

Statutory Authority: RCW 9.46.070. WSR 09-19-082 (Order 659), § 230-06-012, filed 9/17/09, effective 10/18/09.

Wash. Admin. Code § 230-06-015 Prevent intoxicated persons from operating or playing gambling activities.

Licensees must not allow any person who appears to be intoxicated or under the influence of any narcotic or other substance to operate or play any gambling activity.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-015, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-020 Restrictions on alcohol as prizes.

Licensees must not offer or award beverages that contain alcohol as a prize or in place of a prize for any gambling activity except:

(1) Dice or coin contests for music, food, or beverage payment as authorized by RCW 9.46.0305; and

(2) Members-only raffles authorized by RCW 9.46.0315, but only if the liquor control board granted the appropriate permit; and

(3) Other gambling activities where the liquor control board has authorized alcohol as a prize.

History

Statutory Authority: RCW 9.46.070 and 9.46.0315. WSR 12-19-053 (Order 679), § 230-06-020, filed 9/13/12, effective 10/14/12. Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-020, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-025 Restrictions on firearms as prizes.

Only charitable or nonprofit organizations operating a raffle may award firearms, air guns, or other mechanical devices which are capable of discharging dangerous projectiles, including but not limited to, BB or CO2 guns, rifles, shotguns, pistols or revolvers, or crossbows as a prize. The firearm must be authorized for sale in Washington state. If the prize awarded is restricted from transfer by state or federal law, the licensee must award the winner a certificate, redeemable by a licensed Washington state firearms dealer, for the prize offered. Alternatively, the winner shall be awarded a prize of equivalent value, such as a gift certificate, if the winner of the raffle is prohibited from owning or possessing firearms by other sections of the Revised Code of Washington (RCW).

History

Statutory Authority: RCW 9.46.070. WSR 24-15-080, § 230-06-025, filed 7/18/24, effective 8/18/24
WSR 06-17-132 (Order 601), § 230-06-025, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-030 Restrictions and conditions for gambling promotions.

Licensees may conduct gambling promotions to encourage players to participate in the gambling activity they are licensed to conduct without our review or approval under these restrictions and conditions:

(1) You must establish rules and restrictions to determine how you will give promotional prizes and items to players; and

(2) You must comply with all applicable federal, state, and tribal laws and rules; and

(3) You must display all rules and restrictions clearly in the gambling area and include them on promotional materials or advertisements; and

(4) You must give all players eligible for the promotion an equal opportunity to participate; and

(5) 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 we regulate as a promotional item; and

(6) As part of a gambling promotion, you may add additional merchandise or cash prizes, including increasing payouts for gambling activities you are licensed to conduct; and

(7) Licensed manufacturers, distributors, and service suppliers may give cash or merchandise items to licensed operators to be used as promotional prizes as long as:

(a) The cash or merchandise is offered to all licensed operators; and

(b) The gambling promotion is approved by the director or director's designee when cash or merchandise provided to a licensed operator for a single promotion is over twenty-five thousand dollars; and

(8) In order for a licensed manufacturer, distributor, and service supplier to receive approval, the plan for the gambling promotion must be submitted to the director at least ninety days in advance of the intended start date. The promotion must include sufficient information for the director's approval, comply with all applicable federal and state laws, and include:

(a) The gambling promotion rules and restrictions; and

(b) How the operator will safeguard the prizes; and

(d) The beginning and ending dates for the gambling promotion; and

(e) A detailed prize winner's record to be filled out upon completion of the promotion that includes the winner's name, prizes paid out, date the prize was awarded; and

(f) Any other information we request; and

(9) You must not give promotional prizes or items based on additional elements of chance except that:

(a) Licensed bingo operators are authorized to give promotional prizes or items as part of a bingo game; and

(b) Licensed card rooms are authorized to give promotional prizes or items as part of a physical drawing, spinning a wheel, or selecting from a group of concealed items; and

(10) 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.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-030, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 17-04-009, § 230-06-030, filed 1/19/17, effective 2/19/17. Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 14-17-056 (Order 703), § 230-06-030, filed 8/15/14, effective 9/15/14. Statutory Authority: RCW 9.46.070. WSR 08-17-066 (Order 629), § 230-06-030, filed 8/18/08, effective 9/18/08
WSR 06-17-132 (Order 601), § 230-06-030, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 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 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

(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 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.

History

Statutory Authority: RCW 9.46.070. WSR 17-04-009, § 230-06-031, filed 1/19/17, effective 2/19/17
WSR 07-21-116 (Order 617), § 230-06-031, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-035 Credit, loans, or gifts prohibited.

(1) Licensees, employees, or members must not offer or give credit, loans, or gifts to any person playing in an authorized gambling activity or which makes it possible for any person to play in an authorized gambling activity.

(2) Gifts are items licensees give to their customers. Licensees must not connect these gifts to gambling activities we regulate unless the gifts are:

(a) Gambling promotions; or

(b) Transportation services to and from gambling activities; or

(i) Costs less than $500 per individual item; and

(ii) Must not be traded back to you for cash; and

(iii) Must not give a chance to participate further in an authorized gambling activity.

(3) You must collect the price required to participate in the gambling activity in full before allowing someone to participate. Authorized payment methods include cash, check, gift certificate, gift card, or debit card.

(4) If the price paid for the opportunity to play a punch board or pull-tab series is $10 or less, licensees may collect the price immediately after the play is completed.

(5) If a charitable or nonprofit organization has a regular billing system for all of the activities of its members, it may use its billing system in connection with the playing of any licensed activities as long as the organization limits play to full and active members of its organization.

(6) Charitable or nonprofit organizations may allow credit cards, issued by a state regulated or federally regulated financial institution, for payment to participate in raffles.

History

Statutory Authority: RCW 9.46.070. WSR 23-11-108, § 230-06-035, filed 5/19/23, effective 6/19/23
WSR 07-21-116 (Order 617), § 230-06-035, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-035, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-045 Conduct gambling activities on licensed business premises only.

(1) Except for raffle and enhanced raffle licensees, all other licensees, including electronic raffle licensees, must conduct all gambling activities on the licensed business premises.

(2) Charitable or nonprofit organizations licensed to conduct bingo and punch board and pull-tab games may sell punch boards and pull-tabs to customers of a licensed card room if the charitable or nonprofit organization:

(a) Shares a common wall with the card room; and

(b) Controls all doors, counters, or windows allowing customer access through the common wall between the two premises and the charitable or nonprofit organization can securely close and lock the doors, counters, or windows; and

(c) Keeps and sells the punch board and pull-tab games and redeems prizes only on their licensed business premises. Punch board and pull-tab players may take already purchased punch boards and pull-tabs into the card room area; and

(d) Allows only its employees to sell the punch board and pull-tabs; and

(e) Posts signs at the door, window, or counter common to the two business premises that clearly notify customers of the organization's identity.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-06-045, filed 10/18/21, effective 11/18/21. Statutory Authority: RCW 9.46.070, 9.46.0277. WSR 14-21-079 (Order 707), § 230-06-045, filed 10/13/14, effective 1/1/15. Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-045, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-050 Review of electronic or mechanical gambling equipment.

(1) When you are required to submit gambling equipment, supplies, services, or games for our review to verify compliance with chapter 9.46 RCW and Title 230 WAC, you must pay the application deposit before we perform the review. You must also reimburse us for any additional costs of the review. All costs must be paid in full prior to the completion of the review.

(2) The gambling equipment submitted for review must be identical or substantially similar to what will be marketed, distributed, and operated in Washington. If the equipment is not sufficient for testing and review, we may require additional equipment or information.

(3) If your application is incomplete or we request additional information, you must provide us with the required items within thirty days of notification or we may administratively close your application.

(4) You can begin accepting orders for gambling equipment when you are licensed.

(5) Only gambling equipment approved by the director or director's designee is allowed in Washington except as provided under WAC 230-06-116 and 230-11-305(3).

(6) We may include security or surveillance requirements as part of gambling equipment approval.

(7) Gambling equipment must operate as approved by the director or director's designee.

(8) We may keep equipment submitted for review to allow for continued testing and training as long as the equipment remains in play in Washington. We are not liable for any damage to equipment while in our possession.

(9) If you do not agree with the director or director's designee's decision, you may file a petition for declaratory order with the commission according to RCW 34.05.240 and chapter 230-17 WAC.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-06-050, filed 10/18/21, effective 11/18/21. Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-050, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 19-11-047, § 230-06-050, filed 5/10/19, effective 6/10/19
WSR 14-09-037 (Order 696), § 230-06-050, filed 4/11/14, effective 7/1/14
WSR 07-21-116 (Order 617), § 230-06-050, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-050, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-051 Computation of time.

(1) When a period of time is in commission rules, orders, or statute, the period begins to run on the day after the act, event, or default. The last day of the period is included, unless it is a Saturday, Sunday or a legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday or a legal holiday.

(2) When the period is less than seven days, exclude Saturdays, Sundays and legal holidays in the calculation.

(3) This section does not apply to periods of license suspension.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-051, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-052 Withdrawing gambling equipment authorization.

If the director or the director's designee withdraws authorization of gambling equipment:

(1) The director or the director's designee will give the applicant written notice and an opportunity to object to the decision. If the applicant does not agree with the decision, they may file a petition for declaratory order with the commission to be heard as a full review (de novo) by an administrative law judge, according to RCW 34.05.240 and chapter 230-17 WAC.

(2) The director or the director's designee will provide written notice to other impacted licensees who have the gambling equipment after a final decision is made.

History

Statutory Authority: RCW 9.46.070. WSR 13-15-040 (Order 689), § 230-06-052, filed 7/11/13, effective 8/11/13.

Wash. Admin. Code § 230-06-053 Approval to provide preshuffled cards.

(1) Licensed manufacturers must obtain approval by the director or director's designee prior to selling preshuffled cards in Washington.

(2) Manufacturers must ensure quality control of the preshuffled cards to protect players or licensees. To obtain approval, manufacturers must submit in writing to us the following for our review:

(a) An overview of the product;

(b) Site security provided at the facility;

(d) Procedures utilized to ensure randomness;

(e) Procedures to detect irregularities;

(f) A deposit to cover the cost of our review, which may include an on-site review to verify the above; and

(g) Identify the automated shuffling device used to preshuffle cards.

(3) Manufacturers must comply with all rules regarding preshuffled cards.

(4) If you do not agree with the director or director's designee's decision, you may file a petition for declaratory order with the commission according to RCW 34.05.240 and chapter 230-17 WAC.

History

Statutory Authority: RCW 9.46.070. WSR 18-11-058, § 230-06-053, filed 5/10/18, effective 7/1/18.

Wash. Admin. Code § 230-06-054 Notification of electronic or mechanical gambling equipment malfunctions.

Licensees must notify us, in the format we require, within seventy-two hours of identifying or becoming aware of an electronic or mechanical gambling equipment malfunction.

History

Statutory Authority: RCW 9.46.070. WSR 14-09-037 (Order 696), § 230-06-054, filed 4/11/14, effective 7/1/14.

Wash. Admin. Code § 230-06-055 Notify law enforcement of gambling activity.

(1) Licensees must notify local law enforcement agencies, in writing, that they have been licensed before they begin to conduct any activity under the license.

(2) Licensees must notify local law enforcement agencies of the:

(a) Address where they will conduct the gambling activity; and

(b) Type of gambling activity licensed; and

(d) Proposed schedule for the operation of the gambling activity if they plan to conduct the activity on a regular basis.

(3) Licensees must not conduct the activity until they have made the notification.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-055, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-055, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-065 Displaying of licenses.

(1) Licensees must prominently display originals or copies of all gambling activity licenses or permits we have issued in the gambling area of their business premises.

(2) Licensees must have the licenses and permits ready for inspection by us, other law enforcement personnel, and the public at all times.

(3) Card room employers may choose not to display employee licenses, but must maintain all card room employees' licenses, proof of licensing, or applications if we have not issued a license, on the licensed premises at all times.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-065, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-065, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-068 Problem gambling signage and posting requirements.

(1) The commission will provide licensees with problem gambling, gambling disorder, and responsible gambling informational signs, which include a responsible gambling message and a toll-free helpline number for problem gambling and gambling disorders. The signs must be conspicuously posted: At all public entrances and exits to the gambling area of the business; in or near the gambling area(s); and in any areas where cash or electronic transfers of funds are available to patrons within the designated gambling area.

(2) All advertising materials must contain a responsible gambling message.

(a) Advertising is any notice or communication to the public of any information concerning the gambling-related business of the licensee through broadcasting, publication, or any other means of dissemination.

(b) For bingo licensees conducting bingo on more than three occasions per week, advertisements must follow RCW 9.46.072.

(c) The responsible gambling message must include, at a minimum, the statement "play responsibly" or similar language and the toll-free telephone helpline number for problem gambling and gambling disorders. Provided, an alternative to the responsible gambling message would be to contain the words "If you or someone you know has been harmed by gambling and wants help, call 1-800-GAMBLER."

(3) All direct advertising, marketing, or promotional materials must include a clear and conspicuous method allowing patrons to unsubscribe from future advertising, marketing, or promotional communications.

(4) This rule does not apply to major, mid-level, or ancillary sports wagering vendors.

History

Statutory Authority: RCW 9.46.070. WSR 24-11-087, § 230-06-068, filed 5/16/24, effective 6/16/24.

Wash. Admin. Code § 230-06-070 Keep monthly records.

Every person or organization licensed to operate any gambling activity must maintain permanent monthly records of all financial transactions directly or indirectly related to gambling activities. The licensee must include all financial transactions in enough detail to prove compliance with recordkeeping requirements for the specific gambling activity.

(1) Every licensee must record for each licensed activity:

(a) The gross gambling receipts; and

(b) Full details on all expenses; and

(2) Commercial stimulant licensees must also record:

(a) Gross sales of food and drink for consumption on the business premises; and

(b) Gross sales of food and drink for consumption off the business premises; and

(3) Licensees must record each licensed activity separately and include all transactions occurring during the calendar month. Licensees must complete these records and have them available for audit or inspection by our agents or other law enforcement no later than thirty days following the end of each month.

(4) Licensees must include copies of all additional financial data which support tax reports to any governmental agency.

(5) Licensees must maintain each of these records for at least three years from the end of the fiscal year.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-070, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-071 Washington state identification and inspection stamps to be called "I.D. stamps."

We will refer to Washington state identification and inspection stamps as "I.D. stamps" throughout these rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-071, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-074 Assistance required for commission inspections.

When we arrive to conduct an inspection, the person or business under review must immediately provide:

(1) All requested documents or equipment; and

(2) A safe place with adequate space where we may perform the inspection; and

(3) Reasonable assistance to us.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-074, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-06-075 Removal of equipment or records for inspection.

(1) If we believe with a reasonable probability that you, your employees, or your members are violating or have violated the provisions of chapter 9.46 RCW, its amendments, or any of our rules, we may remove, inspect, and investigate any records, equipment, parts, and devices of any nature located on your premises that relate to the licensed activity or any other gambling activity.

(2) We also may remove records from your premises or your control in order to facilitate our review of the records.

(3) If we receive a written request from you, we will provide you with copies of retained records.

(4) After the case is resolved, we will return all records, equipment, parts, and devices to the premises or to your address.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-075, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-080 Report changes to application information and submit updated documents and information.

(1) Licensees must notify us in writing if any information filed with the application changes in any way within thirty days of the change.

(2) Licensees must submit to us any new or updated documents and information within thirty days of the effective date of the document or information, including the following:

(a) Articles of incorporation or bylaws, or any other documents which set out the organizational structure and purposes; and

(b) All oral or written contracts and agreements which relate to gambling activities or alter the organizational structure of the licensee's organization or business activities in Washington; and

(c) All cash or asset contributions, draws from lines of credit, and loans (except those from recognized financial institutions) during any calendar year which by themselves or totaled together are more than ten thousand dollars. Cash or asset contributions do not include donations to licensed charitable or nonprofit organizations; and

(d) Internal Revenue Service tax deductible status of contributions for charitable and nonprofit organizations.

History

Statutory Authority: RCW 9.46.070. WSR 13-09-047 (Order 686), § 230-06-080, filed 4/15/13, effective 7/1/13
WSR 06-17-132 (Order 601), § 230-06-080, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-081 Submitting gambling service supplier contracts for review.

Prior to executing financing, consulting, or management contracts, gambling service suppliers must submit these agreements to us for review for compliance with Title 230 WAC and chapter 9.46 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-081, filed 2/9/18, effective 7/1/18.

Wash. Admin. Code § 230-06-082 Manufacturers, distributors, gambling service suppliers, sports wagering vendors, linked bingo prize providers, and call centers for enhanced raffles reporting changes in licensed employees.

Manufacturers, distributors, gambling service suppliers, sports wagering vendors, linked bingo prize providers and call centers for enhanced raffles licensees must:

(1) Submit an application and the required fees before allowing licensed employees or sports wagering vendor representatives to begin working.

(2) Notify us in the format we require when a licensed employee or sports wagering vendor representative no longer works for them. We must receive the notice at our Lacey office within ten days of the licensed employee or representative's last day.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-082, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-082, filed 2/9/18, effective 7/1/18.

Wash. Admin. Code § 230-06-083 Card game licensees reporting changes in licensed employees.

Card game licensees must:

(1) Submit an application and the required fees before allowing a licensed card room employee to begin working.

(2) Notify us in the format we require when a licensed card room employee no longer works for them. We must receive the notice at our Lacey office within ten days of the card room employee's last day.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-083, filed 2/9/18, effective 7/1/18
WSR 08-21-087 (Order 633), § 230-06-083, filed 10/14/08, effective 1/1/09.

Wash. Admin. Code § 230-06-084 Submitting sports wagering related contracts and agreements.

Sports wagering vendors must provide contracts or agreements, or changes to contracts or agreements, with any third parties, excluding contracts or agreements with Washington state tribes, that are part of their sports wagering offerings within thirty days of the effective date of the contract or agreement. Contracts or agreements to be provided will relate to the applicant's or third-party vendor's sports wagering equipment, goods, services, and information.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-084, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-06-085 Report criminal actions filed.

(1) Licensees must report to us in writing within thirty days all criminal actions filed against the licensee, any manager of the licensed gambling activity, the business organization, or any person holding a substantial interest in the business organization.

(2) We must receive a copy of the final written decision or settlement within thirty days after the case is resolved.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-085, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-090 Report administrative and civil actions filed.

(1) All licensees must report to us in writing within thirty days all administrative actions filed against them by other gambling regulatory agencies, including those from other countries and Indian tribes.

(2) Licensed organizations must report to us in writing within thirty days all civil and administrative actions that are filed by or against any manager of the licensed gambling activity, the business organization, or any person holding a substantial interest in the business organization. Actions include, but are not limited to:

(a) Divorces; and

(b) Bankruptcy; and

(d) Business dissolutions.

(3) The report must consist of a complete copy of the original documents filed. Licensees must notify the commission of the final disposition of the case and include a copy of the final documents filed including, but not limited to, settlement agreements.

(4) For cases involving patent infringement on gambling equipment, licensees must send only the final written decision or settlement.

(5) We must receive a copy of the final written decision or settlement within thirty days after the case is resolved.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-090, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-095 Change name, trade name, or corporate name.

Licensees must notify us and pay a fee for any name change as follows:

(1) Businesses and organizations changing their trade or corporate name - at least thirty days before the actual change date;

(2) Individuals changing their name - no later than thirty days after the effective date of the change.

History

Statutory Authority: RCW 9.46.070. WSR 09-19-053 (Order 662), § 230-06-095, filed 9/11/09, effective 1/1/10
WSR 06-17-132 (Order 601), § 230-06-095, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-100 Changing business locations.

Licensees must apply to us and pay a fee to change the location of their licensed business premises. Licensees must receive our approval before changing the business location.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-100, filed 2/9/18, effective 7/1/18
WSR 06-17-132 (Order 601), § 230-06-100, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-105 Report change of management.

(1) Licensees must report in writing changes made to their organization's management, directors, officers, or any other position that makes management decisions directly affecting the operation of their licensed gambling activity. We provide the forms to report these changes.

(2) If you are a commercial business licensee, you must report within thirty days.

(3) If you are a charitable or nonprofit organization licensee, you must report the changes when renewing your annual license.

History

Statutory Authority: RCW 9.46.070. WSR 06-17-132 (Order 601), § 230-06-105, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-106 Limited transfers of ownership allowed.

Gambling licenses must not be transferred to another person or entity until the licensee requesting the transfer has received written approval from us. All requests to transfer a license must be in the format we require. Licensees may request to transfer a gambling license under the following conditions:

Commercial businesses

(1) A commercial business may request to transfer their license to another business when:

(a) The ownership is exactly the same for both businesses, for example a partnership becomes a limited liability company (LLC); and

(b) The licensed gambling activity will be conducted at the same business premises.

Charitable or nonprofit organizations

(2) A bona fide charitable or nonprofit organization may request to transfer their gambling license to another bona fide charitable or nonprofit organization after a completed merger or consolidation.

Partnerships

(3) If one partner in a partnership leaves and is not replaced, the remaining partner(s) must submit a transfer application to document the transfer of ownership to the remaining partner(s).

Sole proprietorship

(4) A sole proprietor may request to transfer their license to a partnership, corporation or LLC, which is solely owned by the same person.

Death, bankruptcy and other special circumstances

(5) A licensed operator may transfer their license when proven incapacity, death, receivership, bankruptcy or assignment for benefit of creditors to a court-appointed or court-confirmed guardian, executor or administrator, receiver, trustee, or assignee for the benefit of creditors occurs. The person to whom the license is transferred may continue to operate under the license.

(a) Transfers are allowed when:

(i) A transfer fee is paid; and

(ii) The person to whom the license is transferred is qualified to hold a gambling license; and

(iii) We give prior written approval.

(b) The license is renewable based on the original expiration date of the license; and

(c) Any transferred license will be void when the person to whom the license was transferred no longer holds the court-appointed, or court-confirmed, position.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-06-106, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-06-107 Ownership changes—Allowed.

A licensee must report any change in ownership when the change would result in any person or organization becoming a substantial interest holder. Changes in ownership are allowed under the following conditions:

Ownership changes to be reported

(1) The following changes must be reported to us when:

(a) A person or organization becomes a substantial interest holder when they were not a substantial interest holder immediately before the transaction; or

(b) A substantial interest holder purchases any additional stock.

Reporting requirements

(2) Each notification must:

(a) Be submitted in writing on a form provided by us within thirty days of the close of a change of ownership; and

(b) Include the required fee; and

(i) For corporations—A copy of the meeting minutes detailing the change of ownership; or

(ii) For limited liability companies (LLC)—An amended LLC agreement that includes the new member(s).

New owners must qualify for a license

(3) The gambling license(s) of any corporation or LLC in which a person holds or acquires a substantial interest may be revoked if the new person is not qualified to hold a gambling license.

Review and investigation

(4) An investigation of each transaction will be conducted by us to determine the details of the transaction and the qualifications of each substantial interest holder.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-06-107, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-06-108 Ownership changes—Prohibited.

All gambling licenses held by a business will become void when the following changes in ownership occur and a new license must be obtained before operating any gambling activities:

(1) A person or business becomes the owner of more than fifty percent of corporate stock or limited liability membership shares/units, when the person or business did not have at least the following substantial interest in the business immediately before the transaction:

(a) Ten or more percent ownership in a privately held corporation or limited liability company (LLC); or

(b) Five or more percent ownership in a publicly traded corporation or LLC; or

(2) The business is sold; or

(3) A sole proprietorship brings in a new person and forms a partnership, corporation or LLC; or

(4) A partnership adds another partner or changes partners; or

(5) A change in a person's ownership, together with ownership of any members of his or her immediate family, who are under the age of eighteen years of age, results in the person having more than fifty percent interest in the business when the person did not have at least the following substantial interest in the business:

(a) Ten or more percent ownership in a privately held corporation or LLC; or

(b) Five or more percent ownership in a publicly traded corporation or LLC.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-06-108, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-06-109 Sales invoices for merchandise prizes.

Operators may purchase merchandise prizes from a licensed or unlicensed distributor or business. The sales invoice or receipt must include at least the following information:

(1) The date of purchase; and

(2) The seller's name and complete address; and

(3) A full description of each item purchased; and

(4) The quantity of items purchased; and

(5) The cost per individual items purchased.

History

Statutory Authority: RCW 9.46.070. WSR 08-21-087 (Order 633), § 230-06-109, filed 10/14/08, effective 1/1/09.

Wash. Admin. Code § 230-06-110 Buying, selling, or transferring gambling or sports wagering equipment.

(1) All licensees and persons authorized to possess gambling or sports wagering equipment must closely control the equipment in their possession.

(2) Before selling gambling or sports wagering equipment, licensees must ensure that the buyer possesses a valid gambling license or can legally possess the equipment without a license.

(3) Licensees buying, selling, or transferring gambling or sports wagering equipment must ensure that it will be used pursuant to all state laws and rules, or laws and rules in the jurisdiction(s) where the activity is occurring.

(4) Before purchasing gambling or sports wagering equipment, licensees must ensure that the seller possesses a valid gambling license.

(5) Applicants for Class F or house-banked card room licenses may purchase and possess gambling equipment during the prelicensing process, but only after receiving written approval from us.

(6) Charitable and nonprofit organizations conducting unlicensed bingo games, as allowed by RCW 9.46.0321, may possess bingo equipment without a license.

(7) Group 12 amusement games can only be sold or leased to amusement game licensees by a licensed manufacturer or distributor. Amusement game licensees can lease or rent group 12 amusement games for operation at approved amusement game locations.

(8) Licensees may transfer gambling or sports wagering equipment as a part of a sale of a business as long as a condition of the sale is that the buyer receives a gambling license before the sale is complete. Licensees must make a complete record of all gambling or sports wagering equipment transferred in this manner, including I.D. stamps. Licensees must report these transfers, including a copy of the inventory record, to us.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-110, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-110, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-19-015, § 230-06-110, filed 9/8/16, effective 10/9/16
WSR 16-08-033 (Order 718), § 230-06-110, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070. WSR 08-11-044 (Order 628), § 230-06-110, filed 5/14/08, effective 7/1/08
WSR 07-21-116 (Order 617), § 230-06-110, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-110, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-112 Buying, selling, renting and leasing amusement games.

(1) Amusement game licensees can rent or lease amusement games from other amusement game licensees.

(2) Amusement game licensees can:

(a) Own and operate group 1 through 12 amusement games at their licensed premises;

(b) Buy or lease group 12 amusement games from a licensed manufacturer or distributor and lease or rent them for operation at other approved amusement game locations; and

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-112, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-19-015, § 230-06-112, filed 9/8/16, effective 10/9/16.

Wash. Admin. Code § 230-06-116 Transporting, displaying, and selling gambling equipment at trade shows.

(1) "Trade show" when used in this section means an exhibition where licensees can promote their products and services to operators of authorized gambling activities in Washington; the exhibition is not open to the public; and it is of limited duration.

(2) "Gambling equipment" as used in this section has the same meaning as in WAC 230-03-200.

(3) "Demonstration mode" when used in this section means when gambling equipment cannot be used for actual wagering and the equipment's coin or bill acceptor is removed or physically restricted from use.

(4) Licensees may transport, display, and accept orders for the sale or lease of their products at trade shows only under the following conditions:

(a) All products must be manufactured by a licensee for activities authorized by state laws or tribal-state compacts, or is Class II gaming equipment as authorized by federal law for use on tribal lands; and

(b) All gambling or sports wagering equipment physically displayed must be in demonstration mode and either:

(i) Approved for sale or lease in the state; or

(ii) Not approved by us but is only used for authorized activities under state laws or tribal-state compacts, or is Class II gaming equipment as authorized by federal law for use on tribal lands, and is transported into the state no more than ten days before a trade show begins and is removed from the state within ten days following the last day of a trade show.

(c) Equipment must have a sign posted in close proximity to the device that contains the phrase, "No one under 18 years of age is allowed to operate this machine."

(5) Licensees must provide notification that they will be transporting, displaying, or accepting orders for gambling or sports wagering equipment on a form prescribed by us at least ten days before a specified trade show.

(6) Gambling equipment and sports wagering equipment at a trade show is subject to on-site inspection by us.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-116, filed 7/30/21, effective 8/30/21.

Wash. Admin. Code § 230-06-120 Selling or transferring gambling or sports wagering equipment when no longer licensed.

(1) If we have revoked your operator, distributor, or sports wagering vendor license, your license has expired, or you have voluntarily surrendered your license, you may only sell or otherwise transfer gambling or sports wagering equipment to a licensed manufacturer, distributor, or sports wagering vendor, as applicable, and consistent with all laws and rules, including WAC 230-06-110.

(2) Transfers of gambling or sports wagering equipment in this manner are subject to the following requirements:

(a) The transfer must be complete within thirty days of the date the license became invalid; and

(b) Distributors must use the cash or credit against amounts they owe manufacturers; and

(c) Operators, distributors, or sports wagering vendors selling the equipment must report to us within ten days of the transaction a complete inventory of all the equipment transferred, including commission I.D. stamps; and

(d) Manufacturers, distributors, or sports wagering vendors receiving the equipment must prepare a credit memorandum and retain it with their records.

History

Statutory Authority: RCW 9.46.070, 9.46.075, 9.46.140, 9.46.153, 9.46.210. WSR 21-16-072, § 230-06-120, filed 7/30/21, effective 8/30/21. Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-06-120, filed 10/22/07, effective 1/1/08
WSR 06-17-132 (Order 601), § 230-06-120, filed 8/22/06, effective 1/1/08.

Wash. Admin. Code § 230-06-176 Surrendering suspended or revoked licenses.

If we suspend or revoke your license, you must, on demand, surrender the license and return it to us.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-06-176, filed 2/9/18, effective 7/1/18.

Chapter 230-07 Charitable and nonprofit rules.

Wash. Admin. Code § 230-07-001 Defining "charitable or nonprofit licensee."

In this section of the rules, "charitable or nonprofit licensees" means the same as a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-001, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-005 Defining "licensees," "licensee," "organizations," and "organization."

(1) In this chapter of the rules, "licensee" and "licensees" means those charitable or nonprofit organizations which we require to be licensed to conduct gambling activities.

(2) In this chapter, "organization" and "organizations" means:

(a) Licensees; and

(b) All bona fide charitable or nonprofit organizations conducting unlicensed gambling activities authorized by chapter 9.46 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-07-005, filed 10/22/07, effective 1/1/08
WSR 07-10-032 (Order 609), § 230-07-005, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-010 Use of gambling proceeds.

(1) Except qualified agricultural fairs, charitable or nonprofit organizations must use all net income from gambling activities remaining after paying necessary expenses of operating the gambling activities exclusively for the lawful purpose(s) of the organization stated on the organization's license application.

(2) Licensees may conduct a gambling activity for the charitable benefit of specific person(s) whom the licensee has listed as recipient(s) of the proceeds, or a specified portion of the proceeds, if licensees obtain approval from us before they conduct the activity.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-010, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-015 Regulatory group assignments.

(1) We assign charitable or nonprofit licensees to regulatory groups based on the annual gross gambling receipts for their combined licensed activities.

(2) Licensees must comply with requirements applicable to the regulatory group to which we have assigned them. The regulatory groups are:

| (a) Group I | Combined annual gross receipts up to three hundred thousand dollars. | | --- | --- | | (b) Group II | Combined annual gross receipts up to one million dollars. | | (c) Group III | Combined annual gross receipts up to three million dollars. | | (d) Group IV | Combined annual gross receipts up to five million dollars. | | (e) Group V | Combined annual gross receipts over five million dollars. |

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-015, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-020 Making "significant progress."

Charitable or nonprofit licensees must make "significant progress" toward their stated purpose. They have made "significant progress" when they have:

(1) Complied with all requirements set forth in their bylaws and articles of incorporation; and

(2) Actively engaged in providing services to the public or their members during the fiscal year under review, and the services directly relate to the stated purposes of the organization; and

(3) Held elections to select officers at least once in the previous two years; and

(4) Held a general membership meeting to conduct the business of the organization at least once in the previous two years; and

(5) Used a substantial portion of the licensees' "available resources" for providing program services during the fiscal year under review. For purposes of this section, "available resources":

(a) Include the income generated by or from:

(i) The net of all activities used to raise funds, including net gambling income; and

(ii) Grants, gifts, and contributions from private sources; and

(iii) Public support.

(b) Does not include:

(i) Funds generated in periods other than the fiscal year under review; or

(ii) Funds that are raised or contributed from outside the organization for purposes of purchasing land or capital assets or to endow future operations when those funds are specifically identified by the board or contributors as restricted and separately recorded in the organization's records; or

(iii) Net income from the sale of assets; or

(iv) Fees paid by members or the public to receive services or to participate in specific activities. (Example: Fees to attend a swimming lesson or event.) These fees must be classified as a reduction to both program service and supporting service expenses on a pro rata basis and as a reduction to resources available for providing services in the fiscal year. (Example: In the chart below, licensee X has revenue of five thousand dollars. They must calculate the pro rata reduction by adjusting the total by the percentages of support services, program services expenses, and functional expenses.)

(6) This rule will be effective for fiscal years ending on or after December 31, 2009.

| Revenue | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Fees paid by public | $5,000 | | | | | | | | | | | Calculation: | | | | | | | | | | | | Expenses | Unadjusted Amount | % of Total | Pro Rata Reduction Fees Paid by Public ($5,000) | % of Total | Adjusted Amount | | | | | | | Support Service Expense | $35,000 | | 32% | | ($1,591) | | 32% | | $33,409 | | | Program Service Expense | $75,000 | | 68% | | ($3,409) | | 68% | | $71,591 | | | Functional Expenses | $110,000 | | 100% | | ($5,000) | | 100% | | $105,000 | |

History

Statutory Authority: RCW 9.46.070. WSR 09-19-080 (Order 661), § 230-07-020, filed 9/17/09, effective 10/18/09
WSR 07-10-032 (Order 609), § 230-07-020, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-025 Additional requirements for "significant progress" for Groups IV and V.

In addition to meeting the significant progress requirements for Groups I, II, and III, Group IV and V charitable or nonprofit licensees must also prove they:

(1) Expended at least sixty percent of net gambling income earned in the licensee's most recently completed fiscal year on "functional expenses" to operate the organization's programs; and

(2) Used no more than thirty-five percent of total functional expenses to provide supporting services. If licensees used more than fifty percent of total program services expenses to provide program services through indirect methods (those which are external to the organization), such as grants, contributions, and/or scholarships, then supporting services expenses must not exceed twenty percent of functional expenses.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-025, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-030 Defining "functional expenses."

"Functional expenses" means those expenses a charitable or nonprofit licensee incurs toward accomplishing its stated purpose(s). Functional expenses include both "program services" and "supporting services."

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-030, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-035 Defining "program service expenses."

(1) "Program service expenses" means those expenses relating to providing care, support, or assistance to individuals, or sponsoring or conducting activities that directly relate to the licensee's stated purpose(s).

(2) We consider "program service expenses" services the licensee provided:

(a) Directly through programs to the public or the licensee's members; or

(b) Indirectly through:

(i) Contributions to individuals or to other service-providing organizations; or

(ii) Funding scholarships; or

(iii) Sponsoring activities directly related to any organizational purposes.

(3) We consider soliciting new members or volunteers, or announcements and publications intended to educate the public about specific services or programs to be program service expenses.

(4) Expenses allocated to more than one service must be divided out according to their function. Licensees must document the methods of allocation and make them available for our review.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-035, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-040 Defining "supporting service expenses."

(1) "Supporting service expenses" means those expenses relating to activities that are essential to the general operation of the licensee's programs, but which are not directly identifiable to a specific program. Supporting service expenses typically include:

(a) Management; and

(b) General overhead; and

(2) We consider the following supporting service expenses:

(a) Wages and benefits for persons involved in the general operation of the organization, such as:

(i) Executive directors and other management; or

(ii) Support personnel like secretaries, receptionists, and bookkeepers; and

(b) Expenses related to:

(i) Providing an administrative office, including rent, depreciation, interest, utilities, taxes, insurance, and supplies; and

(ii) General management functions of the organization such as planning and budgeting, recruiting and training staff, and purchasing and distributing materials; and

(iii) Scheduling and conducting board, committee, and membership meetings; and

(iv) Publicizing the general organization; and

(v) Outside supporting services such as accounting, audit, and legal; and

(vi) Soliciting contributions or grants; and

(vii) Any net loss from nongambling fund-raising activities.

(3) Supporting service expenses do not include items which are unusual and infrequent in nature, for example, repairs from a fire.

(4) Expenses allocated to more than one service must be divided out according to their function. Licensees must document the methods of allocation and make them available for our review.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-040, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-045 Obtaining a waiver for significant progress requirements.

(1) If a charitable or nonprofit licensee is unable to demonstrate that it has made significant progress, the licensee may request, in writing, a waiver for all, or a portion, of the requirements.

(2) In the waiver request, the organization's board must:

(a) Acknowledge that it is aware of the circumstances; and

(b) Show it has taken steps to correct the situation which prevented compliance; and

(d) Show that the organization expended at least twenty-five percent of its net gambling income to provide program services in the period under review. We may consider the purchase of nondepreciable assets for program purposes as part of this percentage.

(3) When deciding to approve or deny a waiver, we consider whether the licensee:

(a) Had a temporary inability to comply due to unusual circumstances; and

(b) Is reserving funds to start or expand specific programs in the future; and

(c) Used a substantial amount of capital assets that are not subject to depreciation or amortization to provide program services, for example, fully depreciated building or equipment; fully amortized leasehold improvements; assets which are not normally depreciated, such as land used for athletic fields, riding areas, or parks; and

(d) Conducted a substantial portion of its services through volunteers.

(4) If we deny the waiver, the licensee may request a brief adjudicative hearing before an administrative law judge under the provisions of Title 230 WAC and chapter 34.05 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-045, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-050 Defining "excessive reserves."

(1) "Excessive reserves" means the total amount of the licensee's cash, cash equivalents, and other assets that would not normally be associated with providing programs or fund-raising activities is greater than the sum of:

(a) The licensee's current liabilities, which means debts due within one year; plus

(b) Total functional expenses during the most recently completed fiscal year; plus

(c) The average net income or loss from combined gambling and retail sales conducted in conjunction with gambling activities for a three-month period. This average is calculated by dividing annual net gambling and retail sales income or loss by four.

(2) However, we may approve the exclusion of funds reserved to start or expand specific programs from the computation of excessive reserves.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-050, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-051 Accumulating excessive reserves.

A charitable or nonprofit organization must not accumulate excessive reserves. Organizations accumulating excessive reserves may be deemed as organized primarily for purposes of gambling. Reserves must be computed by using the financial data most recently filed with us. We will not treat funds as excessive reserves if the following restrictions are met:

(1) A majority of the organization's membership approves the accumulation of excessive reserves; and

(2) The funds are expressly dedicated for funding new programs, capital projects, or to endow service-providing activities; and

(3) The funds are saved according to a plan that includes the amount to be reserved, the purpose for which the funds are being reserved, and the estimated time the reserves will be used; and

(4) The organization's officers or board of directors approves the plan; and

(5) The organization submits the plan to us for review and approval; and

(6) The total amount of excessive reserves may exceed four million dollars only if the organization petitions the director to exceed this limitation and the director approves the petition. The director may disapprove with written comments or approve a modified level based on facts presented. The director's decision may be appealed to the commission. Appeal of this decision will be heard at a regular public meeting of the commission. The commission's decision shall be final. Petitions for relief must include:

(a) The reason for the request, including whether the increased reserves are for charitable or nonprofit purposes and planned timelines for use; and

(b) The total amount of reserves requested; and

(d) Alternative sources of funding available.

History

Statutory Authority: RCW 9.46.070 (1), (10), (16) and 9.46.0209 (1)(b)(iii). WSR 15-23-065 (Order 716), § 230-07-051, filed 11/13/15, effective 12/14/15. Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-07-051, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-07-055 Prorating expenses when gambling funds are not kept separate.

When charitable or nonprofit organizations do not keep gambling income separate from all other income of the organization, the amount of net gambling income required to provide functional expenses in the fiscal year under review must be the pro rata portion of net gambling income compared to the total net revenue from all sources. (Example: In the chart below, Organization X has revenue of five thousand dollars. They must calculate the pro rata reduction by adjusting the total by the percentages of support services, program services, and functional expenses.)

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-055, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-060 Independent management structure required.

(1) Charitable or nonprofit organizations and their officers or board of directors have an affirmative responsibility to conduct gambling activities according to the legislative intent in chapter 9.46 RCW.

(2) Organizations must develop and maintain an independent management control system that ensures they:

(a) Create an operating environment that makes it possible to implement the policies of the officers or board of directors; and

(b) Supervise and operate gambling activities according to gambling laws and our rules; and

(d) Use gambling proceeds solely to advance the purposes of their organization.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-060, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-065 Group III, IV, and V management control system.

Charitable or nonprofit licensees assigned to Groups III, IV, and V must develop and implement a management control system that:

(1) Is overseen by an independent group of officers or board of directors who have been elected by a process in which all full and regular members have a single vote; and

(2) Includes written policies which set the responsibilities of and establish the scope of authority delegated to officers, board of directors, and employees; and

(3) Includes affirmative management and accounting controls to ensure that all funds and other assets directly or indirectly obtained with gambling proceeds are protected from misuse, are dedicated solely to the purposes of the organization, and do not inure to the private use of any person. For purposes of this section, we do not consider the following uses of gambling proceeds inurement:

(a) Providing program services to members or the public; or

(b) Costs for necessary expenses, including salaries or wages for services to perform the purposes of the organization. Salaries or wages paid to members, officers, board of directors, or their direct relatives, are not inurement if they are necessary, reasonable, and an independent management system makes the decision to pay them; and

(4) Includes a planning process to set goals for uses of gambling proceeds and allows the officers or board of directors to monitor progress toward those goals. Organizations reserving funds in endowments or trust funds must have a formal business plan or budget outlining uses of those funds; and

(5) Includes a system of internal accounting controls designed to reduce errors, minimize the risk of embezzlement, and safeguard assets. The licensee's officers or board of directors must implement procedures to monitor established controls for compliance. The internal accounting control system must include at least:

(a) Management approval for expenditures; and

(b) Access to assets is restricted to those individuals management authorizes; and

(c) Recording procedures for all transactions in accordance with generally accepted accounting principles (GAAP). Licensees must record transactions with enough detail to maintain accountability for assets; and

(d) Periodic comparison of recorded assets to physical assets and reconciliation of all differences. "Reconcile" means the licensee must compare the two balances, resolve any differences, and document the comparison and the differences in writing. Licensees must keep the reconciliation as part of their records.

(6) Is documented and available for our review.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-065, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-070 Defining "direct relatives."

"Direct relative" means spouses, parents, grandparents, uncles, aunts, children, siblings, nieces, or nephews, whether by blood, adoption, or marriage.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-070, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-075 Conflicts of interest.

(1) Charitable or nonprofit organizations have an independent operating environment when their officers or board members and supervisory level employees have completely separated their personal interests from the interests of the organization.

(2) If individual officers or board members acknowledge potential conflicts of interest and abstain from voting on issues that directly or indirectly affect their personal interest, the organization is operating independently.

(3) The governing board of the organization must review any potential conflicts of interest involving supervisory level employees. They must record all discussions or balloting regarding potential conflicts of interest in the official meeting minutes.

(4) We will presume organizations lack an independent operating environment if the governing board fails to approve and document in the official meeting minutes any of the following by the officers, board members, or supervisory level employees:

(a) Receiving, directly or indirectly, financial or personal benefit from the organization or share in gambling proceeds of the organization; or

(b) Supervising, directly or indirectly, or having decision-making authority over transactions that may result in direct or indirect financial or personal benefit to:

(i) Their direct relatives; or

(ii) Persons with whom they maintain a common household; or

(iii) Persons with whom they have a business relationship; or

(c) Allowing others, directly or, through lack of action, indirectly, to receive or share in the gambling proceeds of the organization.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-075, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-080 Qualification reviews for Groups III, IV and V.

(1) We may review charitable or nonprofit licensees assigned to Group III and may prepare a summary of the organization's qualifications for the commissioners' review.

(2) We will review licensees assigned to Group IV and V and prepare a summary of the organization's qualifications for the commissioners' review at a public meeting every three years. At least one representative from the organization must attend the meeting when staff presents their qualification review.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-080, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-085 Compensating gambling management and operations personnel.

(1) Charitable or nonprofit licensees must not base compensation for any employee taking part in the management or operation of the gambling activities on a percentage of the receipts or income derived from the operation of the gambling activity.

(2) Licensees must pay employees taking part in the management or operation of gambling activity a wage that is reasonable under the prevailing local wage scale for comparable employment. Wages greater than the local prevailing wage create a presumption of a violation.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-085, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-090 Keeping and depositing all gambling funds separate from other funds.

Charitable or nonprofit licensees must protect all funds generated from gambling activities and keep these funds separate from their general funds.

(1) Licensees must:

(a) Keep a separate gambling receipts account(s) in a recognized Washington state bank, mutual savings bank, or credit union; and

(b) Deposit only gambling receipts into that account. Licensees may deposit receipts from nongambling activities operated in conjunction with bingo games into the gambling receipts account if the licensee keeps detailed receipting records of the nongambling receipts; and

(c) Deposit all gambling receipts first into the account before spending or transferring them into other accounts, except for prize pay outs; and

(d) Deposit funds received from commercial amusement game operators operating amusement games on their premises in the licensee's gambling receipts account no later than the second banking day after they receive the receipts; and

(e) Make all deposits of net gambling receipts from each activity separately from all other deposits, and keep the validated deposit receipt as a part of their records. Deposit receipts are a part of the applicable daily or monthly records and licensees must make them available for our inspection; and

(f) Deposit all net gambling receipts which they are holding, pending pay out:

(i) From bingo, no later than the second banking day after they receive them. Licensees may withhold bingo receipts from deposits for "jar," "pig," or other special game prizes if the total of all such prize funds does not exceed two hundred dollars, enter the amount withheld each session in the bingo daily record, and record the reconciliation of the special game fund on the bingo daily record. "Reconcile" means the licensee must compare the two balances, resolve any differences, and document the comparison and the differences in writing. Licensees must keep the reconciliation as part of their records; and

(ii) From raffles, excluding electronic raffles, at least once a week. This includes those raffles:

(A) With gross gambling receipts over fifty thousand dollars in their initial year;

(B) With gross gambling receipts over fifty thousand dollars in their previous license year; and

(iii) From electronic raffles within two banking days of the drawing date; and

(iv) From amusement games with gross gambling receipts over fifty thousand dollars in their previous license year, at least each week; and

(v) From punch board and pull-tabs, including cost recovery for merchandise prizes awarded, no later than two banking days after they remove the board or series from play; and

(g) Record the Washington state identification number assigned to the punch board or pull-tab series and the amount of net gambling receipts on the deposit slip/receipt. Licensees may record the number and the receipts on a separate record if they record the bank validation number and maintain the record with the deposit slip/receipt; and

(2) These requirements do not apply to organizations who:

(a) Conduct only one or more of the following activities:

(i) Raffles under the provisions of RCW 9.46.0315;

(ii) Bingo, raffles, or amusement games under the provisions of RCW 9.46.0321;

(iii) Bingo, raffle, and amusement game licensees with gross gambling receipts of fifty thousand dollars or less in their previous license year, excluding electronic raffles; and

(b) Do not have any other license(s) from us.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-07-090, filed 10/18/21, effective 11/18/21
WSR 20-08-095, § 230-07-090, filed 3/30/20, effective 4/30/20
WSR 18-05-029, § 230-07-090, filed 2/9/18, effective 7/1/18
WSR 07-10-032 (Order 609), § 230-07-090, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-095 Fund-raising events and members only raffles exempt from deposit requirements.

Bona fide charitable or nonprofit organizations that conduct only fund-raising events or members only raffles and have no other gambling licenses are exempt from having a separate gambling receipts account, but they must:

(1) Make no expenditures, other than for prizes, until the receipts have been deposited;

(2) Deposit all net gambling receipts within two banking days; and

(3) Keep the validated deposit receipt with their gambling records.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-095, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-100 Special banking exemption for Point Roberts Peninsula.

Charitable or nonprofit licensees that conduct activities on Point Roberts Peninsula, Washington, may deposit funds in British Columbia branches of Canadian banks. Licensees must provide us and their Canadian bank a written release for us to have unrestricted access to the licensee's Canadian bank records and the Canadian bank must provide written confirmation of its intent to honor the licensee's release.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-100, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-105 Safeguarding prize inventory.

(1) Charitable or nonprofit organizations must safeguard and prevent misuse or misappropriation of all assets, including items purchased, or donated, to use as prizes for gambling activities.

(2) Licensees must maintain an inventory control record for each item purchased or donated to use as prizes for gambling activities in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-105, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-106 Insuring prizes.

(1) We prohibit basing contracts for prize insurance on a percentage of the gambling activity.

(2) We allow prize insurance based on a flat fee or monthly fee.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-07-106, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-07-110 Supervision requirements.

Charitable or nonprofit organizations must closely supervise all persons involved with the conduct of gambling activities to ensure that they follow all gambling laws and rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-110, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-115 Duties of charitable or nonprofit gambling managers.

Charitable or nonprofit gambling managers must:

(1) Be knowledgeable of the laws and rules that relate to the operation of the gambling activities and the restrictions on the use of funds made from gambling activities for which they are responsible; and

(2) Supervise the gambling activity, including all secondary activities, such as retail sales, conducted along with gambling activities; and

(3) Ensure:

(a) The business premises are maintained in a safe condition and persons participating in the activity are reasonably protected from physical harm; and

(b) Fair and equal participation by players in gambling activities; and

(d) All funds are disbursed or invested according to the directions of the officers or governing board and are used solely to further the charitable or nonprofit purpose(s) of the organization; and

(4) Protect:

(a) The public from fraud; and

(b) The organization from players or workers committing illegal acts; and

(5) Safeguard funds or other assets made from gambling and secondary activities for which he or she is responsible until directly deposited in the organization's bank account.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-115, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-120 Notifying us of changes in responsibilities of charitable or nonprofit gambling managers.

(1) A charitable or nonprofit organization must notify us in writing when a gambling manager:

(a) Has been assigned primary responsibility for operating any gambling activity or disbursing funds; or

(b) Has terminated employment or responsibilities.

(2) Individuals required to be licensed under WAC 230-03-235 must immediately submit a license application.

(3) Licensees assigning gambling managers who do not require a license under WAC 230-03-145(4) must notify us in writing within ten days of changes in responsibilities by submitting:

(a) The full name and date of birth of the gambling manager; and

(b) The date the gambling manager was assigned new responsibilities or the date employment or responsibilities terminated; and

(d) The highest ranking elected officer or the individual assigned the responsibility of supervising the gambling manager must sign the notification.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-120, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-125 Recordkeeping requirements for lower volume charitable or nonprofit organizations.

(1) Organizations operating without a license under RCW 9.46.0315 or 9.46.0321 and lower volume charitable or nonprofit licensees must keep a set of permanent monthly records of the gambling activities. Lower volume licensees include:

(a) Fund-raising events;

(b) Bingo with gross gambling receipts of one hundred fifty thousand dollars or less in their previous license year;

(c) Raffles, excluding electronic raffles, with gross gambling receipts of fifty thousand dollars or less in their previous license year;

(d) Amusement games with gross gambling receipts of fifty thousand dollars or less in their previous license year; and

(e) Nonhouse-banked card games.

(2) The monthly records must include, at least:

(a) The gross gambling receipts from each activity;

(b) The gross gambling receipts from group 12 amusement games;

(d) The total of the cost to the licensee of all merchandise prizes actually paid out for each activity;

(e) A summary of all expenses related to each of the activities; and

(f) The net income received from the activity, the purpose(s) for which the net income was raised, and the amount paid to each recipient.

(3) Licensees must keep these records for three years from the end of the license year for which the record was created.

(4) Organizations operating under RCW 9.46.0315 or 9.46.0321 must maintain their records for one year.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-07-125, filed 10/18/21, effective 11/18/21
WSR 18-05-029, § 230-07-125, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-22-049, § 230-07-125, filed 10/28/16, effective 11/28/16. Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-125, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-130 Additional recordkeeping for charitable or nonprofit licensees.

(1) Charitable or nonprofit licensees, except agricultural fairs, must maintain records which clearly show how the licensee used or disbursed the funds from each licensed activity. These records must provide an audit trail satisfactory for us to verify that the funds were used for the licensees' stated purpose(s). These records must include, at least, canceled checks for the disbursements.

(2) Charitable or nonprofit licensees must keep these records for three years from the end of the license year for which the record was created.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-130, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-135 Recording gifts.

Charitable or nonprofit licensees must keep a written record for each gift which they have given to customers with an actual cost over one hundred dollars. Authorized "gifts" are defined in WAC 230-06-035. The record must include:

(1) How they selected the recipients;

(2) The number of gifts; and

(3) The total cost of each gift.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-135, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-140 Minimum accounting records for bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year and licensees with combined activities over five hundred thousand dollars in their previous license year.

Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year and licensees with over five hundred thousand dollars in gross gambling receipts from combined gambling activities in their previous license year must keep accounting records necessary to document all receipts, costs, and disbursements, including, at least, those related to gambling activities.

Requirements for accounting records

For these accounting records, licensees must:

(1) Conform to generally accepted accounting principles (GAAP) except as modified by other commission rules; and

(2) Include, at least:

(a) A cash disbursements journal and/or check register;

(b) A cash receipts and/or sales journal;

(d) A listing of all liabilities;

(e) A complete general ledger system; and

(f) A list of all donated items valued at more than two hundred fifty dollars; and

(g) Bank statements, related deposit slips, and canceled checks or facsimiles of canceled checks; and

Donated items

(3) Document donated items. Licensees must:

(a) Use the fair market value at the time of donation;

(b) Add items to the list no later than thirty days after receiving them;

(d) Not remove an item from the list, even if it has become obsolete or completely depreciated, until management has completed and documented appropriate review. A depreciation schedule for all capitalized items is sufficient; and

(e) Add items to the list when they convert items from gambling merchandise prize inventory to licensee use. This list must include, at least:

(i) A description of the item;

(ii) The date purchased, acquired by donation, or converted from the gambling prize pool;

(iii) The cost at the time of purchase or, if donated, the fair market value at the time received; and

(iv) The date and method of disposition of the item; and

Method of accounting

(4) Use the accrual method of accounting; and

(5) The cash, modified cash, or tax basis accounting methods may be used only if that method accurately represents the licensee's financial position, the results of operations, and the licensee does not have substantial liabilities or expenses, such as depreciation or amortization expenses, which require a current outlay of cash; and

Expenditures for nongambling activities

(6) Sufficiently document all expenditures relating to nongambling activities in order to provide a satisfactory audit trail and to allow us to verify that the funds were used for the licensee's stated purpose(s); and

Expenditures for gambling activities

(7) Sufficiently document all of the licensee's expenditures relating to gambling activities. Canceled checks or facsimiles of canceled checks, and bank statements are not sufficient documentation for expenditures without additional support. Licensees must provide additional support for expenditures, including:

(a) Invoices or other supporting documents from commercial vendors or service agencies with at least:

(i) The name of the person or entity selling the goods or providing the services;

(ii) A complete description of goods or services purchased;

(iii) The amount of each product sold or services provided;

(iv) The price of each unit;

(v) The total dollar amount billed; and

(vi) The date of the transaction.

(b) Documentation, in the form of checks and other written records of disbursements in excess of twenty-five dollars made directly to individuals who do not furnish normal, business type, invoices or statements. The written records must indicate at least:

(i) The name of the person receiving the payment;

(ii) The amount;

(iii) The date; and

(iv) The purpose; and

(8) Document allocated expenditures that relate to more than one function to the various functions. Licensees must document their methods of allocation and make them available for our review; and

Capitalizing assets

(9) Include a capitalization policy based on materiality and expected life of operating assets. To determine a minimum level for capitalizing assets, licensees must:

(a) Capitalize and depreciate, or amortize over the useful life of the asset, any assets of more than two thousand dollars that have a useful life of more than one year; and

(b) Capitalize and depreciate, or amortize over sixty months, beginning with the first month that bingo games are conducted, preoperating start up costs related to bingo games of more than six thousand dollars; and

(c) Amortize, over a period not longer than the life of the lease, any leasehold improvements related to gambling activities that are more than six thousand dollars. Licensees may extend the amortization period to include any lease option periods if the licensee's management states a reasonable expectation that they will use the lease option; and

(d) Charge all unamortized leasehold improvements as an expense of the gambling activities in the year that the lease expires.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-07-140, filed 2/9/18, effective 7/1/18
WSR 08-03-062 (Order 623), § 230-07-140, filed 1/14/08, effective 2/14/08
WSR 07-10-032 (Order 609), § 230-07-140, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-145 Reporting annual progress.

Charitable or nonprofit licensees in Groups III, IV, V, and electronic raffle licensees must report annually their progress toward meeting their stated purpose in the format we prescribe.

(1) The report must explain the type and scope of activities which licensees conducted during their last annual fiscal accounting period; and

(2) The report must include, at least:

(a) A brief history of the licensed organization, including its stated charitable or nonprofit purpose(s); and

(b) A written statement setting out their goals for meeting their stated charitable or nonprofit purpose(s) in the future; and

(d) A list of contributions, scholarships, grants, or sponsorships made during the period. This list must include:

(i) The name of each organization or individual receiving a contribution from the licensee. The licensee may use the phrase "individual contribution" in place of the recipient. If the recipient is not named in the report, the licensee must maintain records to verify and identify the recipient of each individual contribution; and

(ii) Whether funds awarded were from gambling income or other funds;

(e) Gross income from all nongambling activities and the source of the income; and

(f) The revenue and expenses for any nongambling sales activities, presented separately, when conducted primarily in conjunction with gambling activities; and

(g) Total expenses for both charitable or nonprofit services; and

(h) The percentage or extent to which the licensee used net gambling income for charitable as distinguished from nonprofit purposes; and

(i) The details of any loans, contracts, or other business transactions with related parties that accumulatively exceed one thousand dollars during the period. "Related parties" means officers, board members, key employees, or members of the licensed organization, including direct relatives of each; and

(3) The report must be submitted no later than one hundred twenty days following the end of the organization's fiscal year.

(4) We may grant an organization additional time to submit the report if a written request is received before the due date. The president of the organization must sign any request for additional time and include a statement explaining the hardship causing the delay, and the expected date the required report(s) will be submitted.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-07-145, filed 10/18/21, effective 11/18/21
WSR 10-09-021 (Order 666), § 230-07-145, filed 4/13/10, effective 7/1/10
WSR 07-10-032 (Order 609), § 230-07-145, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-07-150 Financial statements required for Groups III, IV, V, and electronic raffle licensees.

(1) In addition to information required in WAC 230-07-145, charitable or nonprofit licensees in Groups III, IV, V, and electronic raffle licensees must also submit complete financial statements prepared in accordance with generally accepted accounting principles (GAAP).

(2) Licensees in Groups IV and V must have the financial statements prepared by an independent certified public accountant.

(3) The statements and all required disclosures or footnotes no later than one hundred twenty days following the end of the licensee's fiscal year.

(4) The financial statements must include:

(a) A statement of financial position;

(b) A statement of activities. This statement may be presented in a consolidated form if licensees provide the details of each component as supplemental information. Licensees must present revenue and expenses for each activity separately as follows:

(i) Each gambling activity; and

(ii) Retail sales conducted in conjunction with gambling activities;

(d) A statement of functional expenses;

(e) In addition to all disclosures required by GAAP, the financial statements must disclose the following:

(i) Loans to or from officers, board members, and employees: We will not consider employee salary advances of five hundred dollars or less as loans. Details of all terms, including interest rates and payment schedules, must be disclosed;

(ii) All civil penalties, fines, bribes, or embezzlements incurred or discovered during the period; and

(iii) An explanation of any adjustments made to prior period capital accounts or net asset balances;

(f) An explanation of material differences between amounts reported on gambling activity reports and the financial statements.

(5) We may require additional information to ensure completeness of the information reported.

(6) We may grant an organization additional time to submit the information required if a written request is received before the due date. The president of the organization must sign any request for additional time and include a statement explaining the hardship causing the delay, and the expected date the required report(s) will be submitted.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-07-150, filed 10/18/21, effective 11/18/21. Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 08-11-037 (Order 626), § 230-07-150, filed 5/14/08, effective 7/1/08. Statutory Authority: RCW 9.46.070. WSR 07-10-032 (Order 609), § 230-07-150, filed 4/24/07, effective 1/1/08.

Chapter 230-09 Fund-raising event rules.

Wash. Admin. Code § 230-09-001 Purpose.

Licensees may only hold fund-raising events (FREs) to raise funds for organizational purposes. Licensees must operate the FRE with a profit motive. A "profit motive" means a gambling activity conducted for purposes of obtaining funds for a charitable or nonprofit organization's programs. FRE licensees must make a good faith effort to ensure that the expenses paid for all phases of the FRE are less than the total gross receipts received.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-001, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-005 Notify local law enforcement.

Licensees must notify local law enforcement agencies in writing of the time and place of the FRE at least ten days before conducting the FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-005, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-007 Canceling, changing time, date, or location of fund-raising events.

(1) If a fund-raising event (FRE) licensee cancels an FRE, they must:

(a) Notify us and local law enforcement in advance; and

(b) Return the original license to us.

(2) If a licensee changes the time, date, or location of an FRE, they must:

(a) Notify us in writing at least ten days in advance. The notice must include a signed statement from the chief executive officer that the appropriate law enforcement agency has been notified of the change; and

(b) Pay the appropriate fee; and

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-09-007, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-09-010 Ten thousand dollars net receipts limit.

(1) The calendar year net receipt limits of RCW 9.46.0233 apply to all FRE licensees. Net receipts are all wagers and bets received minus money used to purchase prizes and pay out cash prizes.

(2) Any licensees exceeding the calendar year net receipt limit must distribute excess net receipts within thirty days to another bona fide charitable or nonprofit organization that either:

(a) We license; or

(b) Meets the criteria set forth in RCW 9.46.0209.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-010, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-015 Fund-raising events on December 31.

Licensees who hold FREs which continue past midnight on December 31 into the new calendar year may treat each hour of the event held as if the hours had occurred solely in the calendar year recorded on their license application. These hours are counted in computing and applying limits on the net receipts and on the number of FREs, or consecutive hours of those FREs, in the calendar year for which the license was issued.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-015, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-020 Post house rules.

Licensees must develop house rules to govern the scope and manner of all gambling activities they will conduct during the FRE and prominently post these rules in the area where they will conduct the FRE. At a minimum, these rules must include:

(1) Game rules; and

(2) Wager limits; and

(3) Payout restrictions; and

(4) That tipping is prohibited.

History

Statutory Authority: RCW 9.46.070. WSR 08-21-087 (Order 633), § 230-09-020, filed 10/14/08, effective 1/1/09
WSR 06-22-051 (Order 604), § 230-09-020, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-022 Wagering limits for fund-raising events.

(1) Wager limits must not exceed ten dollars. However, raffle wagers must not exceed the limits in RCW 9.46.0277; and

(2) There are no limits on wagers made using scrip or poker tournament chips.

History

Statutory Authority: RCW 9.46.070. WSR 08-21-087 (Order 633), § 230-09-022, filed 10/14/08, effective 1/1/09.

Wash. Admin. Code § 230-09-025 No wagering among participants.

Licensees must not allow any participants at FREs to wager money or other items of value against any other participant, such as in side bets in poker, at the FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-025, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-030 Use chips or scrip.

Licensees must use chips or scrip or coin for wagering at FREs. Limited FRE licensees must use chips and scrip only. Licensees must issue the chips or scrip only during and at the FRE itself. Licensees must not redeem chips or scrip after the FRE has concluded.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-030, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-035 Prepare membership list.

FRE licensees must prepare a list of all persons from their organizations participating in the management or operation of the FRE. The list must be available on the premises of the FRE and contain, at a minimum, the name, address, telephone number, and a brief statement signed by the chief executive officer certifying that each member listed is a full and regular member of the organization.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-035, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-040 Separation of duties for central accounting system required.

Licensees must set up and maintain a central accounting system in a format we prescribe for all activities conducted at the FRE. Licensees must obtain accounting forms from us. The central accounting system must provide for the following minimum separation of duties:

(1) A cashier to handle the beginning bank, provide chips to the games, redeem chips and cash checks for the players; and

(2) A runner to transport money, chips, and lock boxes between gambling stations at the event; and

(3) Floor supervisors to supervise not more than six gambling stations each and who must supervise the transfer of lock boxes and chips and change trays to the count room; and

(4) Gambling station operators to control the activity at a specific gambling station.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-040, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-045 Counting money.

Licensees must have an area for counting money separate from the area where gambling is taking place. Licensees must use the forms and format we prescribe for the count. Licensees must:

(1) Bring all money from the FRE to the counting area; and

(2) Assign three cashiers to count the money. Two cashiers must be in the counting area at all times money is present; and

(3) Have at least two cashiers verify the beginning count and sign the record; and

(4) Restrict access to the counting area to the cashiers and to the runner(s) who transport money or chips to or from those stations; and

(5) Transfer all money and chips to the counting area at the end of the day or event for final tabulation, reconciliation, and verification; and

(6) Have at least three bankers or cashiers verify the final tabulation and reconciliation and sign the verification.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-045, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-050 Use lock boxes and money paddles.

Licensees must have numbered games stations with separate lock boxes and money paddles for each station. "Money paddle" means a wooden or plastic implement used to push money into the lock box slot.

(1) The money paddle must remain in the lock box slot whenever it is not in use. The money slot of the lock box must not exceed three and one-half inches in length and one-half inch in width; and

(2) Dealers must exchange all currency presented by the players for coin or chips and the dealer must immediately place it in the lock box; and

(3) Licensees must keep the keys to all lock boxes in the counting area at all times; and

(4) Only cashiers may open the lock boxes and they must open them only in the counting area.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-050, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-055 Maintain records of net receipts.

Licensees must maintain records in sufficient detail to determine the net receipts of each gambling station operated. Licensees must:

(1) Record a reconciliation of the ending cash on hand to net receipts; and

(2) Deposit the ending cash on hand within two banking days of the conclusion of the fund-raising event and must include a validated deposit slip as part of the records; and

(3) Not spend any of the ending cash before the deposit.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-055, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-060 Winners must be present and participating to win.

Winners must be present and participating to win at a fund-raising event.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-060, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-065 Use only full and regular members to operate the fund-raising event.

(1) Licensees must use only full and regular members of the charitable or nonprofit organization to manage or assist in the operation of an FRE. "Full and regular membership" is defined in WAC 230-03-140.

(2) Licensees may also use "members" and "bona fide members" as defined in RCW 9.46.0261 to manage or assist in the operation of an FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-065, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-070 Compensation of other authorized employees.

Generally, licensees must not pay people to work at an FRE. However, in the following circumstances, licensees may compensate people:

(1) Licensees may allow people who are not members of the organization to perform incidental functions, which we will not consider "management or operation" under RCW 9.46.120. These incidental functions include:

(a) Serving food and drink to participants in the FRE; or

(b) Parking cars; or

(d) Detecting people cheating, as long as that employee is a commissioned law enforcement officer with the power to make arrests in the jurisdiction in which the FRE is being held or is the employee of a commercial securities service firm licensed to provide these services by the city, town, or county in which the FRE is being conducted; or

(e) Providing janitorial functions; or

(f) Supervising these people, as long as the licensee does not pay these employees more than the local prevailing level of payment for supervising at events other than FREs.

(2) Licensees may also furnish food and nonalcoholic beverages to full and regular members who volunteer as long as the food or drink does not exceed twenty dollars per volunteer per FRE.

(3) If a licensee's employee is also a full and regular member of the organization or its auxiliary and is not scheduled for assigned employee duties at the time of the FRE, the employee may assist in the FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-070, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-075 Workers must wear name tags.

All fund-raising event workers must wear a name tag at all times. Name tags must include at least the member's first initial and last name or first name and first initial of the last name and the name of the organization.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-075, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-080 Holding fund-raising events on commercial business premises.

(1) Licensees may operate FREs on commercial business premises only if:

(a) The commercial business is closed to the public at all times during which the licensee conducts the FRE; or

(b) The portion of the business premises in which the licensee conducts the FRE is separate and apart from the portion used by the commercial business. In this rule, "separate and apart" means having a permanent or temporary partition. The partition must:

(i) Have not more than two designated openings to limit pedestrian flow; and

(ii) Provide a solid, distinct separation between the portion of the premises where the licensee conducts the FRE and the portion of the premises the commercial business uses.

(2) Licensees must not conduct an FRE on or within a commercial business premises while any other organization is conducting an FRE on or within the same commercial business premises.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-080, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-085 Commercial business must not participate in fund-raising events.

(1) Licensees must ensure the owners, managers, or employees of the commercial business premises used for the FRE do not participate in the operation of any of the FRE activities.

(2) Licensees must not hold an FRE on the premises of a commercial business if any of the licensee's officers are owners, managers, or employees of the commercial business.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-085, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-090 Control of premises.

Licensees must have, and exercise, complete control over the portion of the premises where the FRE takes place at all times they conduct the FRE. However, if the sale, service, or consumption of liquor is permitted in that portion of the premises, the liquor licensee or permittee must be responsible for compliance with liquor laws and regulations.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-090, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-095 Using, leasing, or renting equipment.

(1) FRE licensees must purchase, lease, or rent gambling equipment only from a licensed distributor or another FRE licensee.

(2) FRE licensees may sell their equipment to other FRE licensees or distributors.

(3) FRE licensees may loan or rent their own equipment for up to four events per year without obtaining an FRE equipment distributor license if:

(a) The FREs take place within the twelve calendar month period following the licensee's last FRE; and

(b) The licensee ensures their equipment is only used in FREs or other authorized activities, such as bingo.

(4) FRE equipment distributor licensees must sell, rent, or lease gambling equipment, premises, or services for use in an FRE on commercially reasonable terms.

(5) Licensees must make all rentals at a lump sum or hourly rate and rentals must not be based on a percentage of the income or profit from the FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-095, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-100 Pull-tabs authorized.

Licensees must operate pull-tabs solely under their FRE license, not under a separate pull-tab license. If licensees sell pull-tabs, they must:

(1) Purchase the pull-tabs for specific use at FREs and record the identification and inspection services stamps on the form we provide; and

(2) Mix the pull-tabs and sell them out of a clear container. Licensees must not use a coin-operated dispensing device; and

(3) Use the manufacturer's set price for each specific series; and

(4) Have no more than three pull-tab series out for play at one time; and

(5) Sell all pull-tabs from a booth or similar confined area which prohibits public access to the pull-tabs; and

(6) Treat each pull-tab series as a separately numbered gambling station. Each series must have a separate corresponding lock box, money paddle, and chip tray for making change and payment of prizes. The attendant(s) on duty must immediately place all currency, coins, or chips used to purchase pull-tabs in the corresponding lock box. All change given back to players must be in the form of chips or coins from the chip tray; and

(7) Deface all winning pull-tabs when they are cashed in and put them in the corresponding lock box; and

(8) Pay winning pull-tabs in chips and coins only, or players may cash in winning pull-tabs for additional pull-tabs only from the same series; and

(9) Comply with all other rules and laws for pull-tabs in Title 230 WAC and chapter 9.46 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-100, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-105 Processing pull-tabs after play.

When attendants remove a series from play, a runner must take the series, including the flare, the corresponding lock box, and chip tray to the count room.

(1) Cashiers must immediately record all gross gambling receipts collected, prizes paid, and tabs sold and write the totals on the pull-tab accounting report we furnish according to the instructions attached; and

(2) After completing the count, cashiers must package or band winning pull-tabs separately and place them with the unused portion of that particular series in the original shipping container. The licensee must retain the used series for one year; and

(3) At the completion of the FRE, licensees must:

(a) Take all series still out for play to the count room and follow count room procedures; and

(b) Return all unopened pull-tab series to the licensed distributor who sold the series for a full refund. Licensees must not sell or operate the unopened series under their separate pull-tab license.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-105, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-110 Punch boards not authorized.

Fund-raising event licensees must not operate punch boards as part of the FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-110, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-115 Bingo authorized.

Licensees must operate bingo solely under their FRE license, not under a separate bingo license. If licensees operate bingo, they must:

(1) Count income from bingo against the maximum net receipts authorized for FREs; and

(2) Comply with all of our rules for bingo licensees with gross gambling receipts of one hundred fifty thousand dollars or less in their previous license year.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-09-115, filed 2/9/18, effective 7/1/18
WSR 06-22-051 (Order 604), § 230-09-115, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-120 Disposable bingo cards at fund-raising events.

(1) Licensees that have a separate bingo license and use disposable bingo cards at the FRE must follow the inventory control procedures for disposable cards in the bingo rules chapter.

(2) Licensees that do not have a separate bingo license must keep all unused disposable cards or packets as part of the FRE record. Licensees may return unused cards or packets to the distributor if there are no breaks in the consecutive card/control numbers. Licensees must receive documentation from the distributor of the total number of cards or packets returned and the beginning and ending card/control numbers.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-09-120, filed 10/22/07, effective 1/1/08
WSR 06-22-051 (Order 604), § 230-09-120, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-125 Raffles authorized.

(1) Licensees may operate raffles at FREs in one of two ways:

(a) Solely under their fund-raising event license. Licensees must conduct all aspects of the raffle during the FRE. Income from this raffle counts toward the FRE limits; or

(b) Under a separate raffle license. Licensees must sell all tickets for the raffle and deposit all tickets in the drawing receptacle before the FRE and hold the raffle drawing at the FRE.

(2) For raffles conducted under an FRE license, licensees must:

(a) Not sell single FRE raffle tickets for more than twenty-five dollars per ticket; and

(b) Not require a person to buy more than one ticket; and

(d) Ensure that each ticket has a separate and equal chance to win; and

(e) Randomly draw the winning ticket; and

(f) Operate and account for raffles as independent gambling stations at the FRE; and

(g) Maintain records to verify gross sales of tickets; and

(h) Report all FRE raffle income, prizes awarded, and other expenses and these amounts count toward the maximum net receipts authorized for FREs.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-09-125, filed 2/9/18, effective 7/1/18
WSR 06-22-051 (Order 604), § 230-09-125, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-130 Blackjack or "21" authorized.

Licensees may operate blackjack or "21" at licensed FREs according to the following requirements:

(1) Dealers must deal all cards from a dealing shoe. The deal must begin with a shoe containing at least four full decks of cards and proceed until the cards are reshuffled, withdrawn for examination, or replaced. The shoe must then be refilled with at least four decks of cards and the process repeated; and

(2) Dealers must deal cards to the players face up on the table; and

(3) Players must not pick up, shuffle, or cut the cards; and

(4) Licensees must use only standard size playing cards; and

(5) Dealers may shuffle the cards using a device, apparatus, or mechanism.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-130, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-131 Poker tournaments authorized.

Licensees may operate poker tournaments at fund-raising events. Licensees must:

(1) Adopt and prominently post tournament rules; and

(2) Count all money paid to enter a tournament or purchase chips as a wager when determining their ten thousand dollar net receipts limits; and

(3) Not allow chips used in poker tournaments to have a monetary value; and

(4) Allow chips to be redeemed for cash and/or merchandise prizes; and

(5) Maintain a record of all prizes awarded, including, at least:

(a) The amount paid for each prize; and

(b) For donated prizes, the name of the donor and a description of the prize(s) donated; and

History

Statutory Authority: RCW 9.46.070. WSR 09-11-086 (Order 647), § 230-09-131, filed 5/18/09, effective 7/1/09
WSR 06-22-051 (Order 604), § 230-09-131, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-135 Joining together with other licensees to conduct a fund-raising event.

FRE licensees may jointly conduct an FRE if they:

(1) Do not exceed their individual FRE limit for the calendar year or a single event; and

(2) Prepare a list of all persons from their organizations participating in the management or operation of the FRE. The list must be available on the premises of the FRE and contain, at a minimum, the name, address, telephone number, and a brief statement signed by the chief executive officer certifying that each member listed is a full and regular member of the organization; and

(3) Keep records which clearly disclose the amount of money received and spent in connection with the joint FRE.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-135, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-140 Lead organization responsibilities.

The lead organization must:

(1) Be responsible for the central accounting system; and

(2) Comply with all recordkeeping and reporting rules; and

(3) Deposit the ending cash on hand; and

(4) Prepare and submit a fund-raising event report; and

(5) Disburse all funds due to any participating organizations by check within thirty days following the event.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-140, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-145 Limited fund-raising event defined.

A limited FRE means:

(1) Only members and guests of the organization may participate in a limited FRE. A limited FRE is not open to the public; and

(2) Only merchandise prizes, not cash, are awarded; and

(3) The organization may hire a licensed FRE equipment distributor to provide the equipment and staff to operate gambling stations; and

(4) The organization may deduct the cost of equipment rental and services when calculating the FRE net receipts limits.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-145, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-150 Operating a limited fund-raising event.

(1) Licensees must:

(a) Require participants to purchase scrip with cash; and

(b) Exchange scrip at gambling stations for chips; and

(d) Disclose the prizes offered. The costs of prizes must not exceed fair market value. The organization may advertise the prize to the participants at the retail value; and

(e) Prevent the cost of all prizes from exceeding ten percent of the gross revenue of the event; and

(f) Comply with all other FRE rules.

(2) Licensees may allow unlimited wagering when using scrip and poker tournament chips.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-150, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-155 Recordkeeping at limited fund-raising events.

Limited FREs licensees must comply with WAC 230-06-070. In order to show compliance with FRE limits, licensees also must provide details regarding how much of the admission fees from the limited FRE they allocate to gambling scrip and how much they allocate to other activities, such as meals and entertainment.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-155, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-160 Fund-raising event distributor rules at limited fund-raising events.

(1) The FRE equipment distributor must not share in any way in the proceeds of the FRE.

(2) Employees of the FRE equipment distributor must:

(a) Wear a name tag with, at a minimum, their first name and the full name of the distributor; and

(b) Not handle cash transactions; and

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-160, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-09-165 Restrictions on gambling activities at limited fund-raising events.

(1) Licensees must not sell pull-tabs at limited FREs.

(2) Licensees may operate poker tournaments. Tournament rules must be established and prominently posted.

(3) Licensees must ensure that participants play only for merchandise prizes.

(4) Licensees may allow participants to exchange chips or scrip for raffle tickets at the end of a limited FRE to determine who will win merchandise prizes.

(5) Licensees may only sell bingo cards to participants in exchange for scrip.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-051 (Order 604), § 230-09-165, filed 10/27/06, effective 1/1/08.

Chapter 230-10 Bingo rules.

Wash. Admin. Code § 230-10-001 Defining "licensees," "licensee," "organizations," "organization," "operators" and "operator."

(1) In this chapter of the rules, "licensee" and "licensees" means those charitable or nonprofit organizations which we require to be licensed to conduct gambling activities.

(2) In this section of the rules, "organization" and "organizations" means:

(a) Licensees; and

(b) All bona fide charitable or nonprofit organizations conducting unlicensed gambling activities authorized by chapter 9.46 RCW.

(3) In this section of the rules, "operator" and "operators" mean licensees, organizations, and individuals.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-001, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-001, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-005 Agricultural fair bingo game licensees must only allow a permittee to operate bingo under their license.

An agricultural fair licensed for the operation of bingo must not allow any person to conduct bingo under the fair's license unless that person has applied for and received an agricultural fair bingo permit from us.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-005, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-010 Defining "bingo game."

"Bingo game" means a game using bingo cards where bingo balls are drawn to determine a winner. All bingo games must have a winner determined by the matching of numbers on a bingo card with numbers on the balls called by the operator.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-010, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-015 Defining "bingo session."

"Bingo session" means a continuous series of bingo games with no breaks except for short intermissions.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-015, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-020 Defining "bingo occasion."

"Bingo occasion" means a period of time beginning when the first number in the first bingo session is called and ending when the last winning number on the final winning bingo card of the last bingo session has been verified. This is also known as a "bingo day."

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-020, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-025 Defining "bingo equipment."

(1) "Bingo equipment" means all equipment for use in bingo games for which consideration is charged to play and prizes are awarded to winners. Bingo equipment includes, at least:

(a) Bingo ball mixers that use air flow (blowers) or other mechanical means to mix balls and allow balls to be randomly drawn; and

(b) Electronic flashboards that interface with the mixing and selection devices; and

(d) Electronic bingo card daubers, including the software and equipment connected with them; and

(e) Any other device commonly used in the direct operation of the game.

(2) Bingo equipment does not mean general purpose equipment, such as:

(a) Tables, chairs, or card stands; or

(b) Audio or video equipment used only to communicate progress of the game to players; or

(d) General supplies, such as glue sticks, daubers, and other items for resale to players; or

(e) Bingo games manufactured and sold for recreational purposes.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-025, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-030 Bingo card definitions.

For purposes of this title:

(1) "Card" means a unique group and configuration of numbers printed on paper, cardboard, or other material used in bingo games. This is also called a "face."

(2) "Card number" means the number the manufacturer assigns to identify a single card or face. The "card number" is also called a "face" or "perm" number.

(3) "Number" means numeral or symbol printed on the card.

(4) "Collate" means the process of cutting or assembling master sheets or precut sheets of cards from one or more sets of cards into packets or books for marketing purposes. "Collate" is also called "finish" or "finishing."

(5) "Collation" means a group of packets or books of cards assembled from more than one set of cards.

(6) "Cut" means the layout or orientation of cards or sheets of cards divided from a master sheet of cards. A "cut" may be either square, horizontal, or vertical.

(7) "Disposable bingo card" means a nonreusable paper bingo card manufactured by a licensed manufacturer.

(8) "Duplicate cards" means two or more cards that are imprinted with the same numbers.

(9) "On" means the number of cards imprinted on a sheet. (Example: "Three on.")

(10) "Pack" means a group of cards or sheets of cards collated into a book and each page or sheet is intended to play a separate bingo game, including "on-the-way" games, within a session. This is also called a "packet."

(11) "Product line" means a specific type of card identifiable by unique features or characteristics when compared to other types of cards the manufacturer markets. A "product line" includes all series and all cards within each series the manufacturer identifies.

(12) "Consecutively numbered" means a numbering system normally beginning with the number one, increased by one for each individual unit added to the group, and ending with a number identical to the total number of units assigned to that group.

(13) "Serial number" means a number the manufacturer assigns for identification and tracking purposes to a set of cards. The same number must not identify another set of cards from the same product line, color, border pattern, and series in less than 999,999 occurrences or twelve months, whichever occurs first. If the product line is used as a determining factor for assignment of a serial number, the difference between various product lines must be readily identifiable by observation.

(14) "Series" of cards means a specific group of cards that a manufacturer assigns consecutive card numbers. The first and last card numbers in a series typically identify the group of cards. (Example: The "1 to 9000 series.")

(15) "Set" of cards means a specific group of cards from the same product line, which are the same color, border pattern, and imprinted with the same serial number. A "set" of cards may include more than one series of cards.

(16) "Sheet number" means the number the manufacturer assigns to identify an arrangement of more than one card that results from dividing master sheets of cards to help marketing.

(17) "Skip" means the standard spread or difference between card or sheet numbers at different page levels in packs or packets.

(18) "Subset" means a portion of a set of cards or collation of packets that a licensed distributor divides to help marketing.

(19) "Up" means the number of pages or sheets collated into each packet or book of cards. (Example: "Eight up.")

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-030, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-030, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-035 Bingo card requirements.

Bingo cards must:

(1) Be preprinted cards manufactured by a licensed manufacturer or electronically generated cards produced by the operator using a printer interfaced with an electronic database system; and

(2) Not have the same serial number, color/border pattern, and card number as any disposable bingo cards on the premises. This includes player selection, keno, and speed bingo cards; and

(3) Have twenty-five spaces imprinted with numbers one of which may be a free space, arranged in five even columns headed with the letters B, I, N, G, and O, unless they are player selection or speed bingo cards.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-035, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-040 Disposable bingo cards—Additional requirements.

(1) Disposable bingo cards must:

(a) Meet all bingo card requirements; and

(b) Be imprinted with a unique set and configuration of numbers on each card; and

(d) Include a control system in each set which:

(i) Identifies that specific set and each specific card within that set; and

(ii) Allows tracking of the transfer of cards from the point of manufacture to the operator; and

(iii) Facilitates sale by the operator to the player.

(2) Bingo licensees using the combination receipting method may divide sets or collations of cards into no more than ten subgroups. Licensees must follow disposable bingo card inventory control requirements for each subgroup.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-10-040, filed 3/30/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-040, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-045 Disposable bingo card inventory control.

Bingo licensees must control and account for all disposable bingo cards they purchase or otherwise obtain.

(1) All licensees must keep:

(a) All purchase invoices, or photocopies of the invoices, for received disposable bingo cards on the bingo premises; and

(b) All manufacturer packing records as part of the inventory control record.

(2) Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must prepare an inventory control record in the format we require immediately after purchase of disposable bingo cards or before the next bingo session. We may approve alternative formats, such as electronically generated forms, if the licensee requests it in writing.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-045, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-045, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-050 Electronically generated bingo cards—Additional requirements.

(1) "Electronically generated bingo cards" means bingo cards for which a licensed manufacturer has predetermined the numbers and the sequence of arrangement and stored them electronically for computer access. Electronically generated bingo cards must:

(a) Meet the requirements for bingo cards; and

(b) Be printed by the licensed bingo operator, during the bingo session on a printer interfaced with the computer; and

(c) If printed before the time of sale, be sold consecutively at each individual sales point, beginning with the lowest card, sheet, or transaction number; and

(d) Have a master verification system that provides a facsimile of each card. The master verification system must display the exact numbers and the location or configuration of numbers on the card.

(2) The bingo licensee must keep cards or sheets of cards not issued consecutively during a session as a part of their daily bingo records.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-050, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-050, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-055 Bingo cards required for licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year.

Bingo licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year must use disposable bingo cards, electronically generated bingo cards, player selection bingo cards, or three number speed bingo cards.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-055, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-055, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-060 Bingo ball requirements.

Bingo balls must be:

(1) A set of seventy-five balls bearing the numbers one through seventy-five and the letters B, I, N, G, or O, though the letters B, I, N, G, O need not appear if the operator is playing three number speed or hidden face bingo games; and

(2) Available for inspection by the players before a bingo session begins to determine that all are present; and

(3) The same weight as each of the other balls and free from any defects; and

(4) Distinguishable from all other sets of balls in play.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-060, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-065 Bingo ball mixer required.

Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must use a machine that mixes balls and selects balls using air flow (a blower). The blower must:

(1) Allow players full view of the mixing action of the balls; and

(2) Not allow changes to the random placement of the balls in the exit tube of the blower except when it is shut off.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-065, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-065, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-070 Bingo flashboard required.

(1) Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must use flashboards to display numbers. The flashboards must be visible to all players and clearly indicate all numbers that have been called; and

(2) If a flashboard malfunctions, licensees must repair it before using it in any other bingo occasion.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-070, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-070, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-075 Licensed bingo manager required.

A licensed bingo manager must be on the premises and supervising bingo operation during all hours bingo games are conducted, except bingo games conducted:

(1) Under RCW 9.46.0321; or

(2) At a qualified agricultural fair; or

(3) By licensees with gross gambling receipts of one hundred fifty thousand dollars or less in their previous license year; or

(4) At a special bingo property we authorize.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-075, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-075, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-080 Supervision required for bingo workers.

Bingo licensees must closely supervise all persons involved in the conduct of gambling activities to ensure that they follow chapter 9.46 RCW and Title 230 WAC.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-080, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-085 Members or employees only to work bingo.

(1) Bingo licensees must not allow anyone except full and regular members or employees of the organization to take part in managing or operating bingo games.

(2) Licensees may allow:

(a) Persons other than the primary bingo manager to participate in bingo games for another bingo licensee. We do not consider a licensed assistant gambling manager to be a manager for this section; or

(b) Primary managers to manage or operate bingo for more than one licensee with gross gambling receipts of one hundred fifty thousand dollars or less in their previous license year as long as the managers do not receive payment for services from more than one licensee; or

(3) Qualified agricultural fairs licensed to operate bingo are not required to meet these management or operation restrictions.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-085, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-085, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-090 Workers not playing in bingo games.

(1) Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must not allow persons who participate in operating or managing their bingo games to play in any of their bingo games.

(2) Persons who work without compensation for bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year may play bingo, but they must not play during bingo sessions they are operating or managing.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-090, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-090, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-095 Compensation limits for bingo employees.

(1) Bingo licensees must not compensate employees who manage, operate, or otherwise work at bingo games more than what is reasonable under the local prevailing wage scale or local salary scale for a similar position.

(2) Organizations operating unlicensed bingo games must not pay wages to anyone operating or managing bingo activities.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-095, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-100 Hours for bingo games.

(1) Bingo licensees must not allow the use of their premises for bingo games between the hours of 2:00 a.m. and 6:00 a.m. unless we approve different hours or they are operating at an authorized agricultural fair or under RCW 9.46.0321.

(2) Licensees may request, in writing, different hours of operation. Once the request is received, we will consult with the local law enforcement agency having jurisdiction over the licensee's business and with other state agencies involved in regulation of the business. We may allow licensees to adjust closing hours, but licensees must:

(a) Observe a four-hour period of closure at the end of each business day before beginning the next period of operation; and

(b) Comply with any other terms and conditions we require.

(3) We may deny the request for extended hours or revoke hours already approved if:

(a) Any local law enforcement agency or state agency objects in writing; or

(b) We determine that the licensee has violated any provisions of chapter 9.46 RCW, any other commission rule, or any of the terms set forth in subsection (1) of this section.

(4) The licensee must submit all objections to revocations of operating hours in writing.

(5) We allow the licensee an opportunity for a brief adjudicative proceeding (BAP) before denying or revoking the licensee's authorization for extended bingo hours. An administrative law judge hears the BAP, under the provisions of Title 230 WAC and chapter 34.05 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-100, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-105 Posting bingo rules.

(1) Bingo licensees must inform players by prominently posting:

(a) All costs to play; and

(b) All prizes available, including any extra cost or conditions of ownership related to prizes, the minimum amount of an individual prize, the prize pool, or the portion of a prize pool available for each bingo game before the players purchase a bingo card; and

(c) The licensee's cost or the retail value of all noncash prizes greater than five hundred dollars. If licensees use the retail value, they must explain that the amount is the "retail value" or "manufacturer's suggested retail price" (MSRP); and

(d) All rules concerning winning the prizes (the house rules). If a bingo is determined to be valid, the licensee must pay a prize which is equal to the prize posted for that game. If the bingo is valid, we will resolve disputes in favor of the player; and

(e) Any unforeseen event that might change the cost to play or prizes available; and

(f) If duplicate cards are in play.

(2) Licensees must inform players in broadcast or published advertisements or other distributed printed information if there are any possible events which might change game schedules, prizes awarded, or cost to play. Advertised bingo prizes and game formats may be changed in case of inclement weather, natural disaster, or other unforeseen emergencies if the licensee informs players before they purchase cards.

(3) If players may still participate in the game after the winner of any one of the prizes offered has been determined, licensees must remove the prize won from any display and list of prizes posted on the premises. During a bingo session, licensees may use the public address system and prominent display of the game name or number to inform players of prizes already won.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-105, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-110 Changing prize amounts in bingo games.

(1) The bingo manager may increase the minimum prize before the start of a game.

(2) During the game, the bingo manager may increase the minimum prize through one or more of the following plans:

(a) Games using standard bingo equipment and cards, but determining a winner by:

(i) The number of numbers called; or

(ii) The specific number called; or

(iii) The specific letter called; or

(iv) The specific position of winning combinations on the card; or

(v) The specific position of the card on the sheet of cards; or

(vi) Odd or even numbers; or

(vii) The number of numbers matched within a specific number of calls; or

(b) Preprinted games on disposable cards that determine a win by calling a specific number during a game; or

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-110, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-115 Selling bingo cards.

(1) Operators must sell bingo cards before they select the first number for a specific game:

(a) If operators sell cards after the start of the game, they must ensure that the late sale does not allow any player an advantage over another player; and

(b) Bingo hard cards purchased or exchanged after the first number is selected for a specific game may only be used during later games; and

(c) Operators must not allow players to select specific bingo cards after the first number is selected for a specific game.

(2) Operators must sell all cards for a specific prize for the same price. The cards sold for a specific prize must be distinctive and easy to tell apart from all other bingo cards in play.

(3) Operators may sell similar cards used to participate for the same prize at a volume discount if they record each separate discount price with an identification code or cash register key that provides for an audit trail.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-115, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-120 Duplicate bingo cards not sold for bingo games.

(1) Bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must not sell duplicate cards in bingo games. Licensees using cards from multiple manufacturers may result in duplicate cards because the majority of cards in the "1 to 9000 series" are duplicate, regardless of the manufacturer.

(2) Licensees must:

(a) Inform players of limits on prizes if duplicate cards win because Braille cards are in play; and

(b) Not be held responsible for duplicate cards caused by Braille cards in play.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-120, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-120, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-125 Duplicate bingo cards pay out and documentation for bingo games.

(1) If bingo licensees with gross receipts over one hundred fifty thousand dollars in their previous license year inadvertently sell duplicate bingo cards, they must:

(a) Pay all winners with duplicate cards the entire prize amount that would be due if there were no duplicate cards; or

(b) Compute and pay all winners with duplicate cards using the following guidelines:

(i) If the game provides a bonus for a single winner and all winners have duplicate cards, then the licensee must pay all winners the bonus; or

(ii) If the game results in multiple winners and some of the players have duplicate cards, then the licensee must calculate the split of the prize pool by counting all duplicate card winners as one. All winners will be paid according to the calculated prize split; or

(iii) If the prize pool contains noncash or merchandise prizes, then the licensee may use the cost or retail value of the merchandise, whichever is posted in the game schedule, to calculate the amount added to the prize pool to make the split. Manufacturers are not responsible for reimbursement to this noncash or merchandise prize pool; or

(iv) If the prize is more than one thousand dollars, then the licensee must increase the total prize pool by no more than fifty percent or five thousand dollars, whichever is less. We authorize this limitation only once within a twelve-month period; and

(2) Licensees may deduct increases to prize pools caused by card manufacturers from prize pay outs when calculating cash flow.

(3) Licensees must document details of circumstances that resulted in duplicate cards being sold and maintain that documentation as a part of the daily bingo record for the session.

(4) Licensees must notify us within forty-eight hours after discovery of a duplicate card sale if:

(a) Manufacturer printing, packaging, or collation errors caused the duplication. Licensees must request reimbursement from the manufacturer responsible for duplicate card errors; or

(b) The licensee did not pay any winning player with a duplicate card the entire prize amount.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-125, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-125, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-130 Reserve only Braille bingo cards.

(1) Operators must not reserve any bingo cards, except Braille cards or other cards used by people with visual impairments.

(2) Operators may inspect, and reject, any personal Braille cards.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-130, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-135 Bingo cards sold on premises only.

All sales of bingo cards must take place on the premises during or immediately before the bingo session for which the player is buying the card.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-135, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-140 Drawing, calling, and posting bingo numbers.

(1) Except for linked bingo prize games, operators must draw bingo balls on the premises and in the presence of players.

(2) After drawing a ball, the caller must immediately display the number of the ball to players.

(3) Operators must call the number before another ball is drawn. After it is called, the operator must light the number on the flashboard(s), if they have one.

(4) If the number on the ball is not applicable to the game being played, operators may choose not to call the number.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-140, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-145 Determining bingo winners.

(1) A bingo game ends when a player achieves a specific pattern on a bingo card or when the bingo operator has called a specific number of bingo balls.

(2) Operators must use a separate drawing process for each game, except for:

(a) Interim or "on-the-way" games, including "instant winner" games in which players win by matching a predetermined number, the number of balls called, or a predetermined pattern within an established number of calls; or

(b) Games in which cards are sold for different prices and players win a different prize depending on the price they paid to play; or

(c) Bonus games played at the same time as other bingo games where the player wins by calling a valid bingo that includes a predetermined number.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-145, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-150 Multiple bingo winners.

If more than one player wins a designated prize pool at the same time, the operator must divide the prize pool equally among the multiple winners.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-150, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-155 Verifying bingo winners.

When a player declares a winning bingo, the operator must:

(1) Have a bingo worker and at least one neutral player inspect the card or electronic dauber; or

(2) Have a bingo worker verify the card or electronic dauber by entering the bingo card number into an electronic verifier which will broadcast the winning card onto video screens for all players to view. Any player may request to see the actual winning card and the operator must allow the player to do so; or

(3) If the game is an "instant winner" and pays a prize of no more than fifty dollars, no neutral player needs to verify the card if the operator keeps an audit trail which identifies the winning combination called.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-155, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-160 Shutting off the bingo ball blower.

When a player declares a winning bingo, operators must draw the next ball out of the blower before shutting the blower off. If the bingo is not valid, the operator must call the next ball.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-160, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-165 Awarding bingo prizes.

After licensees validate a winning bingo, they must:

(1) Require the prize winner to provide proof that they have purchased the winning bingo card. The licensee must review the winner's bingo card purchase receipt and determine that the player properly purchased all cards played, including the winning card; and

(2) Require proof of identification necessary to establish the prize winner's identity before paying any prize. The winner must provide proof to the licensee that all information this rule requires is true and accurate. Licensees may withhold prizes until the winner provides adequate identification; and

(3) Award the prize and record it on a prize receipt. Licensees must record the complete address and tax payer identification number of each winner for prizes valued at $1,200 or more.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-165, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-170 Prizes paid for and available before bingo game starts.

(1) Bingo operators must:

(a) Have paid for all merchandise prizes in full before offering the prizes in a bingo game; and

(b) Have the prizes available before starting the game; and

(c) Award the prizes before the end of the related bingo session, except for the main linked bingo prize and linked bonus prizes, which must be paid within forty-eight hours.

(2) Operators may enter into contracts to purchase merchandise immediately if it is awarded as a prize. The contract may be revocable if:

(a) Winners have an option to receive a cash prize; or

(b) The prize is no longer being offered.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-170, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-175 Defining "electronic bingo card daubers."

"Electronic bingo card daubers" means electronic equipment players use to identify bingo cards that contain numbers that a player inputs.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-175, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-180 Electronic bingo card daubers requirements.

(1) Electronic bingo card daubers must:

(a) Be manufactured by licensed manufacturers; and

(b) Be sold, leased, and serviced by licensed distributors or manufacturers. Operators may perform routine maintenance; and

(c) Be unable to modify the computer program which operates the dauber units or the electronic database which stores the bingo cards; and

(d) Store preprinted bingo cards a player purchases. The electronic images of cards stored in daubers are for player convenience only and are not bingo cards for purposes of this title; and

(e) Use cards that meet all requirements of bingo cards and electronic bingo cards; and

(f) Allow players to input the numbers called; and

(g) Compare input numbers to bingo cards stored in an electronic database; and

(h) Identify to the player those stored bingo cards that contain the input numbers.

(2) Operators providing electronic daubers must have the cards printed, placed in a master index, and available for on-site inspection at the request of law enforcement agencies, customers, or us.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-10-180, filed 3/30/18, effective 7/1/18
WSR 07-21-116 (Order 617), § 230-10-180, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-10-185 Electronic bingo card daubers restrictions.

(1) Electronic bingo card daubers must not allow a player to play more than one hundred forty-four cards on the dauber at one time; and

(2) Players must:

(a) Input each number the operator calls into the memory of the dauber separately. Automatic or global marking of numbers is prohibited; and

(b) Call the bingo without using the dauber or the associated system; and

(d) Not play more than one dauber at any point in time. However, a player may play one dauber and an unlimited number of bingo cards at the same time.

History

Statutory Authority: RCW 9.46.070 and 9.46.0205. WSR 11-19-032 (Order 676), § 230-10-185, filed 9/9/11, effective 10/10/11. Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-185, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-190 Discount marketing for electronic bingo card daubers.

(1) Bingo licensees may use a single discount level for each type of card sold on electronic bingo card daubers, if they:

(a) Have a minimum purchase requirement; and

(b) Apply the discount to all additional cards bought; and

(2) If a licensee offers volume discount marketing for bingo cards, players must not use electronic bingo daubers.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-190, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-195 Leasing electronic bingo card daubers.

If a bingo licensee leases electronic bingo daubers from a manufacturer, the lease must not be based on, in whole or in part, the bingo card sales or the rental income from the daubers. However, manufacturers may base fees on the number of cards placed on a dauber for player selection games.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-195, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-200 Reserving and assigning electronic bingo card daubers.

(1) Bingo operators using electronic bingo card daubers must reserve at least one dauber for players with disabilities that restrict their ability to mark cards. The disabilities must be consistent with definitions in the Americans with Disabilities Act (ADA). If there are no requests for use of this dauber fifteen minutes before the scheduled start of the session, operators may allow any player to use the dauber.

(2) If operators use a drawing to assign daubers to players, they must ensure that the players know the method of drawing and have an equal chance to win.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-200, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-205 Electronic bingo card dauber fees.

(1) Bingo operators may charge either no fee or a flat fee for players to use electronic bingo card daubers.

(2) Operators must not:

(a) Charge a rental fee to players with disabilities that restrict their ability to mark cards if the disabilities are consistent with the ADA; or

(b) Make players with disabilities comply with minimum purchase requirements for daubers. However, players with disabilities must comply with any minimum purchase required of all other players.

(3) Operators must report rental fees for daubers as bingo receipts.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-205, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-210 Player selection bingo games authorized.

Bingo licensees may offer player selection bingo games. "Player selection bingo game" means a bingo game where players select their own numbers. Licensees must use bingo cards with controls that provide an audit trail adequate to determine all winning combinations are valid.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-210, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-215 Player selection bingo game requirements.

If bingo licensees offer player selection games, they must use:

(1) Two-part disposable cards and then they must:

(a) Use the disposable card method of receipting for income; and

(b) Establish and prominently post house rules setting out conditions for adding to, deleting from, or changing a card before it is separated from the copy. A worker authorized by the bingo manager must verify all changes to the card; and

(c) Ensure that players mark their numbers on each card in a distinct, clear, and legible manner before separating the duplicate and the original. Licensees must not allow anyone to alter the copies after the duplicate and original cards are separated; and

(d) Place all original cards in lockboxes to ensure no one places cards in the lockbox after the first bingo ball is called; and

(e) Ensure the player retains and plays the duplicate copy; or

(2) Electronically generated cards and then they must:

(a) Use the electronically generated bingo card method of receipting for income; and

(b) Ensure that players do not mark or deface the card in any manner that prevents reading of the bingo numbers or any of the data imprinted on the card; and

(3) Keep all winning cards and any duplicate copies as part of the daily bingo records.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-215, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-220 Player selection bingo game card requirements.

(1) Bingo cards used in player selection bingo games:

(a) Must be printed on two-part, self-duplicating paper to include an original and a duplicate copy. The duplicate copy must be given to the player and the operator retains the original as a part of the daily bingo records; and

(b) Must include a control system in each set which:

(i) Identifies that specific set; and

(ii) Numbers each sheet of cards within a set consecutively; and

(iii) Allows tracking of the transfer of cards from the point of manufacture to the operator and from the operator to the player; and

(i) The primary activity of the manufacturer is producing nongambling products; and

(ii) The cards meet the general bingo cards requirements; and

(iii) The licensee assumes responsibility for complying with all requirements for player selection cards; and

(iv) The invoice transferring these cards includes the beginning and ending card number in addition to meeting all other sales invoice requirements; and

(d) If electronically generated, may be single copy cards if all information from the cards is either printed on a continuous transaction journal retained in the card generating equipment or stored on the computer hard drive in a database and printed out at the end of each session.

(2) Operators offering an "instant winner" game under player selection bingo must:

(a) Meet all requirements for awarding bingo prizes; and

(b) Award prizes of not more than twenty-five percent of the total prize pool or two hundred fifty dollars, whichever is less; and

(i) Have the winner sign the winning card on the back to verify a winner; and

(ii) If using a two-part card, record a neutral player's name and complete address on the back of the original card to verify the winning card was paid.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-220, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-220, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-225 Player selection bingo game restrictions.

(1) Bingo licensees offering player selection bingo games must not pay as winners incomplete cards, altered cards that were not verified per WAC 230-10-155, or cards where all required information is not displayed and legible. Incomplete, incorrect, altered, and unreadable cards are the players' responsibility and operators must not allow refunds.

(2) Bingo managers may make a one-for-one exchange when errors are discovered before the start of the game or before the player selection card is separated. In this case, the operator must mark "void" on the original card, initial next to the player's initials, and keep the voided card as part of the daily bingo records.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-225, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-230 Hidden face bingo games authorized.

Bingo licensees may offer hidden face bingo games. "Hidden face bingo game" means a bingo game that uses cards that prevent the numbers printed on the card from being viewed or known before the player opens the card.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-230, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-235 Hidden face bingo game requirements.

(1) Hidden face bingo cards must meet the requirements for disposable bingo cards and each card or sheet of cards must:

(a) Be printed, folded, and sealed in a manner that prohibits anyone from viewing or knowing the numbers, configuration of numbers on the card, or the card number before the player opens it; and

(b) Have a separate numbering system that is randomly distributed when compared to the card number imprinted in the "free" space. Manufacturers must use procedures that mix cards or sheets of cards so that:

(i) No consistent relationship exists between the "card numbers" and separate numbering system within a set or subset; and

(ii) No patterns or consistent relationships exist in the location of a specific card number between subsets from different sets; and

(iii) The serial number and the additional card or sheet number must be imprinted on the outside of the cards or sheets of cards and visible for recording without opening the card or sheet of cards; and

(iv) Each set of cards must contain at least six thousand unique faces or patterns of numbers; and

(2) Bingo licensees must:

(a) Use the disposable bingo card receipting method for sales of hidden face bingo cards; and

(b) Meet all inventory requirements for disposable bingo cards and disposable bingo card receipting; and

(c) Comply with rules about sequentially issuing bingo cards to ensure that duplicate cards are not sold during a game. Licensees must sell each complete set or subset of cards before they issue any cards from a different set or subset. Licensees may sell cards from more than one set during a game if care is taken to ensure that no duplicate cards are sold; and

(d) Complete all play during a single session and only use cards that are sold during that session; and

(e) Select and call a new set of numbers for each game or set of games (example: "On the way" games); and

(f) Have a separate display board, visible to the players, for displaying numbers called. The numbers must be displayed until the game is completed. Licensees may use alternative displays if the numbers are displayed on the electronic flashboard during all number selection periods; and

(g) Document and prominently post the requirements for a completed game; and

(3) Licensees offering an "instant winner" game under hidden face bingo must:

(a) Meet all requirements for awarding bingo prizes; and

(b) Award prizes of not more than twenty-five percent of the total prize pool or two hundred fifty dollars, whichever is less; and

(i) Have the winner sign the winning card on the back to verify a winner; and

(ii) If using a two-part card, record a neutral player's name and complete address on the back of the original card to verify the winning card was paid; and

(4) Players who have paid to participate in the game must be present when the numbers are selected.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-235, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-10-240 Three number speed bingo authorized.

Bingo licensees may offer three number speed bingo games. "Three number speed bingo" means a bingo game where:

(1) Operators use a reduced number of balls and special bingo cards with three spaces; and

(2) Bingo numbers are called rapidly; and

(3) The price to play includes an ante, retained by the operator, and a wager that begins at three units and decreases by one for each number covered on a player's card; and

(4) An "ante" is the fee retained by the licensee which allows a patron to play three number speed bingo; and

(5) A "wager" is the total dollar value of chips used to cover the numbers on a player's card; and

(6) Players compete against all other players for a pool of prizes that varies according to the numbers covered by other players during the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-240, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-245 Three number speed bingo restrictions.

(1) Bingo licensees offering three number speed bingo must:

(a) Make the price to play no more than seven dollars per card, per game, including the ante and wagers; and

(b) Collect the same price to play for each card; and

(c) Licensees who charge a flat fee per session must determine the per game fee by dividing the fee per session by the minimum number of games to be played; and

(d) Not retain any part of players' wagers; and

(e) Pay to the winner(s) all wagers not covering a called number on a player's card. If there is more than one winner, licensees must equally split wagers among all winners. Licensees may develop a formula for splitting odd numbers of chips between winners; and

(f) Count only the ante as gross gambling receipts; and

(2) Licensees may contribute to accrued prize funds or progressive jackpots on three number speed bingo games, if they:

(a) Meet all requirements for accrued prize fund games as explained in the bingo records packet; and

(b) Fund the prize fund or jackpot solely from the ante.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-245, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-250 Operating three number speed bingo.

To play three number speed bingo:

(1) Bingo licensees must use:

(a) Special bingo cards that have three spaces imprinted with numbers that correspond to the numbers on the balls; and

(b) Thirty numbered balls, with numbers one through seventy-five available for use; and

(2) Licensees may charge a set amount for each card for the entire session or an amount per card for each game; and

(3) Each player pays the bingo licensee one ticket for each speed bingo card played for each game; and

(4) When the licensee charges a per session fee, the player's ticket and cash register receipt must remain visible and on the table at all times during the game; and

(5) Each player's beginning wager is three chips for each card played during any single game. A player must have three chips for each card being played before beginning the game; and

(6) During the game, players place a wagering chip on each number on their cards that matches a called number. Once a wagering chip covers a valid number, the player keeps it and the game winner(s) may no longer win it. Players must leave all chips on the number on the card until the licensee collects all losing wagers. The bingo worker collecting wagers must verify that covered numbers are valid; and

(7) The first player to cover all three numbers on any card is the winner; and

(8) After the winning card is verified, bingo workers collect all unprotected chips from all players and pay them to the winner.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-250, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-255 Wagers and prizes required in chips for three number speed bingo.

In three number speed bingo, wagers must be made and prizes paid in chips only.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-255, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-260 Chip standards for three number speed bingo.

(1) Bingo licensees must supply all chips used in three number speed bingo games. All chips must be conventional size and design, and include safeguards that maximize the integrity of the bingo games.

(2) The licensee must supply chips that:

(a) A licensed manufacturer produced; and

(b) A licensed manufacturer or distributor sold to the licensee; and

(d) Clearly indicate the value of the chip.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-260, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-265 Banking services for three number speed bingo.

(1) Bingo licensees must redeem all chips for the amount for which they were sold.

(2) Licensees must collect the money taken in on chips sold and antes collected and keep these funds separate from all other money they receive.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-265, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-270 Ticket sales and receipting for three number speed bingo income.

(1) Bingo licensees must:

(a) Use the ticket method of receipting for bingo income; and

(b) Account for all tickets sold for per session fees using the combination receipting method; and

(2) All tickets sold and collected must be canceled by stamping the calendar date on the ticket at the time of sale or permanently defacing the tickets when collected; and

(3) Licensees must reconcile tickets sold and collected from players to cash for each session.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-270, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-275 Exceptions to other bingo rules for three number speed bingo.

The following rules do not apply to three number speed bingo:

(1) Prize disclosure before players pay to play. Licensees must still disclose the per card cost to play and the amount required to wager on a single card; and

(2) Number of balls used to conduct the game; and

(3) Number of spaces required on each bingo card; and

(4) Requirements that licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year use disposable bingo cards; and

(5) Requirements to account for all income at the time it is received; and

(6) Requirements of WAC 230-10-145 about drawing and physically displaying bingo numbers. However, licensees offering three number speed bingo must display the number on a flashboard and use the audio system to announce the number; and

(7) Recordkeeping for prizes awarded.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-275, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-275, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-280 Drawings for prizes, good neighbor prizes, and second element of chance prizes as part of bingo games.

Bingo licensees may award prizes to winners of other activities authorized by this section when they conduct these activities as part of a bingo session. All players paying to play must compete equally and licensees must treat all prizes awarded as bingo game prizes for minimum cash flow reporting requirements.

Drawings

(1) Licensees may award prizes by:

(a) Drawing tickets randomly; or

(b) Using other random selection methods involving the ticket numbering system, if they are using the ticketing method of receipting for bingo income; or

(2) Licensees must prominently post for players all rules regarding drawings, including, at least:

(a) Requirements to qualify for the drawing; and

(b) Time and date of the drawing; and

(3) Licensees must:

(a) Award tickets for drawings only to players who bought cards to play bingo and:

(i) Pay an amount not more than one dollar per ticket. If a licensee elects to charge for entry in drawings, the licensee must not combine the drawing with other means of entry; or

(ii) Are winners of a bingo game during the bingo occasion; or

(iii) Are "good neighbor" winners; or

(iv) Meet other criteria we approve; and

(b) Not collect tickets for drawings for longer than thirty days.

(4) Licensees must record the gross gambling receipts, prizes, and expenses and report these totals as bingo activities.

(5) Licensees must not require the player to be present to win at a drawing held at a different session for which the tickets were purchased.

"Good neighbor" prizes

(6) Licensees may award prizes based on the seating location of a player or players with regards to a bingo winner. Before awarding "good neighbor" prizes, licensees must:

(a) Prominently post all rules regarding drawings, including, at least:

(i) The amount each "good neighbor" or group of "good neighbors" wins; and

(ii) All requirements to qualify for a prize.

(b) Licensees must complete a record setting out:

(i) The criteria for awarding "good neighbor" prizes; and

(ii) The number of prizes awarded during each bingo session; and

(iii) All details required as part of the daily bingo records.

Second element of chance prizes

(7) Licensees may award prizes using a second element of chance game if:

(a) Licensees prominently post and clearly explain to the players before they purchase a card to play all rules about play of the game. Licensees must disclose at least:

(i) The minimum odds of winning the highest prize; and

(ii) How they determine a winner; and

(iii) Any possibility or special requirement that might affect the outcome; and

(iv) The cash value of the highest prize available; and

(v) Any financial burden that the winner must bear, such as taxes or registration fees; and

(b) The second element of chance game does not involve the use of gambling devices; and

(d) Every possible outcome of the second element of chance game provides the player with an additional prize; and

(e) The player's minimum odds of winning the highest prize is equal to or greater than one winner out of one hundred twenty-five chances or the probability of winning the highest prize is .008 or greater; and

(f) Licensees maintain supporting records about the second element of chance game that provides for an audit trail.

(8) Licensees must:

(a) Keep an inventory record in the format we require for all tickets on the premises for conducting drawings, "good neighbor," and second element of chance games; and

(b) Record the criteria for granting tickets, and the number of tickets awarded during each session in the daily bingo record for each session; and

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-280, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-285 Selling entry guarantee tickets for special event bingo.

Bingo licensees may sell entry guarantee tickets to players to reserve the right to play in special event bingo games if licensees:

(1) Use entry guarantee tickets to document the sale. Entry guarantee tickets must be preprinted with, at least:

(a) The name of the sponsoring organization; and

(b) The time, date, and location of the event; and

(d) The total number of entries available for the event; and

(e) The cost of the entry; and

(f) Any conditions or events that might prevent the buyer from redeeming the entry ticket, affect the refund, or cancel the event; and

(2) Sell the tickets sequentially beginning with the lowest numbered ticket; and

(3) Use the ticket receipting method to record all income from these entry guarantee tickets; and

(4) Sell the entry guarantee tickets no more than sixty days before the event; and

(5) Record the name, mailing address, and phone number of each person buying an entry guarantee ticket; and

(6) Limit the sales of entry tickets to the seating capacity of the licensed premises; and

(7) Limit the cost of the entry guarantee ticket to no more than fifty percent of the minimum buy-in for the event.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-285, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-290 Controlling entry guarantee tickets.

Bingo licensees must:

(1) Treat all unaccounted-for entry guarantee tickets as cash shortages in the amount of the redemption value; and

(2) Maintain a record of all entry guarantee tickets sold; and

(3) Redeem entry guarantee tickets on the licensed premises and only for bingo cards during the bingo session for which the player bought the entry guarantee ticket; and

(4) Immediately cancel entry guarantee tickets redeemed for bingo cards using a hand stamp that prints "redeemed" on each ticket; and

(5) Treat entry guarantee tickets redeemed as gross gambling receipts for bingo at the session where they are redeemed; and

(6) Modify the cash reconciliation section of the daily bingo records to document the number and dollar value of entry guarantee tickets redeemed; and

(7) Deposit gross receipts from the sale of entry guarantee tickets separately into the gambling account no later than two banking days after they are received; and

(8) Keep the entry guarantee ticket numbers relating to the funds deposited as a part of the deposit record; and

(9) After thirty days, consider all unredeemed entry guarantee tickets void and record them as contributions to the organization.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-290, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-295 Canceling bingo special events with entry guarantee tickets.

Bingo licensees may cancel the special event before the start of the scheduled bingo session. When an event is canceled, licensees must:

(1) Refund the entire purchase price of the entry guarantee ticket(s) to the ticket buyer; and

(2) Make all refunds by check payable to the buyer; and

(3) Record the entry guarantee ticket number on the check; and

(4) Mail the check to the customer no later than three days following cancellation of the special event.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-295, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-300 Refunding entry guarantee tickets.

A customer may request a refund before the start of the special event bingo session. Bingo licensees must:

(1) Require the person requesting the refund to sign the back of the ticket; and

(2) Refund the entire purchase price of the ticket to the customer; and

(3) Make all refunds by check payable to the customer; and

(4) Record the entry guarantee ticket number on the check; and

(5) Mail the check to the customer no later than thirty days following the event; and

(6) Retain all refunded tickets as a part of the records for the event.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-300, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-305 Gift certificates as bingo prizes.

When issuing gift certificates as bingo prizes, bingo operators must:

(1) Issue the gift certificates consecutively; and

(2) Not exceed fifty dollars per bingo prize in value; and

(3) Not issue gift certificates exclusively for punch boards or pull-tabs; and

(4) Record the value of each gift certificate as a bingo prize in the daily bingo records under the session awarded; and

(5) Keep the bingo prize receipt for the gift certificates as a part of the daily bingo records.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-305, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-305, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-310 Selling gift certificates.

When selling gift certificates, bingo operators must:

(1) Issue the gift certificates consecutively; and

(2) Ensure that the gift certificates are paid for in full at the time of purchase; and

(3) Deposit all funds collected separately into the gambling account within five banking days; and

(4) Include each gift certificate number with the deposit record.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-310, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-310, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-315 Gift certificates requirements.

Bingo operator must purchase gift certificates from a commercial printer or licensed distributor.

(1) The gift certificates must have at least the following information printed on them:

(a) A predetermined gift certificate number; and

(b) A predetermined dollar value; and

(d) Any conditions for the redemption of the gift certificate.

(2) Purchase invoices for the gift certificates, which must include, at least:

(a) Name of the organization; and

(b) Date the gift certificates were purchased; and

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-315, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-320 Redeeming gift certificates.

When redeeming gift certificates, bingo operators must:

(1) Record the dollar value and total number of gift certificates redeemed in the cash reconciliation section of the daily bingo records; and

(2) Keep redeemed gift certificates as part of that day's daily bingo records.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-320, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-325 Reconcile gift certificates monthly.

Bingo operators must reconcile gift certificates monthly. Operators must have a gift certificate inventory log, which includes, at least:

(1) Each gift certificate number; and

(2) Dollar value of each gift certificate; and

(3) Date the gift certificate was sold or awarded as a bingo prize; and

(4) Date the gift certificate was redeemed.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-325, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-330 Recordkeeping requirements for bingo licensees with gross gambling receipts less than one hundred fifty thousand dollars in their previous license year, agricultural fairs, and other organizations.

Licensees must immediately account for all income from bingo games. Bingo licensees with gross gambling receipts less than one hundred fifty thousand dollars in their previous license year, organizations conducting bingo under the provisions of RCW 9.46.0321, and bingo activities conducted at a qualified agricultural fair must follow the recordkeeping requirements in WAC 230-07-125 or any of the receipting methods for bingo income required for bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year.

History

Statutory Authority: RCW 9.46.070. WSR 18-22-063, § 230-10-330, filed 10/31/18, effective 12/1/18
WSR 18-05-029, § 230-10-330, filed 2/9/18, effective 7/1/18
WSR 07-21-116 (Order 617), § 230-10-330, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-330, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-335 Bingo daily records.

Bingo licensees must prepare detailed records for each bingo session during that session in the format we require. Daily records must include, at least:

(1) A copy of the schedule of games and prizes available for the session. Licensees must note any changes to the advertised and printed game and prize schedule that occur during a session and the bingo manager assigned primary responsibility for supervising the session and another bingo worker on duty during the session must verify and sign the change. If licensees note the effective dates of each game schedule, they may maintain it separately and update it only when a change occurs; and

(2) An attendance record indicating the number of people participating; and

(3) All bingo numbers selected and called during any game that offers a prize greater than two hundred dollars. Licensees must record the numbers in the sequence selected. They may use a computer generated "call sheet" instead of a manual record if a printout of results is made; and

(4) The winning card number(s) for each individual prize awarded greater than two hundred dollars. If the game is played using disposable bingo cards, the winning card may be retained instead of the card numbers; and

(5) The gross gambling receipts collected for each separate type of sale, of any kind, for bingo games including, but not limited to, regular games, early bird games, blackout games, special games, or pick up games. Licensees using the combination receipting method for bingo income must reconcile the extended value of all disposable cards, packets of cards, and electronically generated cards sold to the amount of sales recorded per the cash register; and

(6) The amount paid out or accrued for prizes awarded for each bingo game. Each session record must contain at least the following regarding prizes awarded:

(a) The game number; and

(b) The dollar amount or the actual cost of each prize; and

(d) The consecutive number of the prize receipt issued for each prize; and

(e) The duplicate copy of the prize receipt issued for all prizes awarded during the session or the merchandise prize receipt log; and

(f) The check number of all checks used to pay winners of bingo games. If the payment must be made by check, licensees must maintain the duplicate copy as a part of the session records; and

(g) Full details of prizes accrued; and

(7) The net gambling receipts from each bingo session; and

(8) The cash on hand at the beginning and the end of each session; and

(9) A reconciliation of cash on hand, net gambling receipts, and the bank deposit of net revenue for each session. Licensees must include a validated copy of the bank deposit receipt. Licensees must document all steps taken to reconcile overages or shortages of more than twenty dollars for any session.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-335, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-340 Daily records review by gambling manager.

The gambling manager assigned primary responsibility for supervising the bingo session(s) must review all session records for accuracy, determine that required information is provided, and confirm the required deposit amount(s). After this review, that gambling manager must sign the record before leaving the premises on the day of the session.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-340, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-345 Retaining daily records.

Bingo licensees must keep daily records for two years. Licensees must keep the session summary for three years.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-345, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-350 Recording bingo winners.

Organizations conducting bingo under the provisions of RCW 9.46.0321, and bingo activities conducted at a qualified agricultural fair, and bingo licensees with gross gambling receipts of seventy-five thousand dollars or less in their previous license year do not have to follow this rule if they meet the requirements for lower volume charitable or nonprofit organizations in WAC 230-07-125. All other bingo licensees must report all prize payments for bingo games and drawings for prizes, good neighbor prizes, and second element of chance prizes at bingo games and record payment on a prize receipt.

(1) Licensees must use prize receipts printed by a commercial printer. The receipts must:

(a) Be two-part, self-duplicating paper that provides for an original and a duplicate copy; and

(b) If the licensee has gross gambling receipts of over six hundred fifty thousand dollars in their previous license year, be imprinted with the name of the licensee and a consecutive ascending number that does not repeat in at least 100,000 occurrences; and

(c) If the licensee has gross gambling receipts of six hundred fifty thousand dollars or less in their previous license year, the receipt is not required to be imprinted with the licensee's name and the consecutive ascending number may repeat in 1,000 occurrences; and

(d) Provide space for the licensee to record the information we require.

Prize receipt

(2) Operators must complete the prize receipt including, at least:

(a) Date; and

(b) Game number; and

(d) Complete address of the winner, if the prize is over twenty dollars; and

(e) Dollar amount of the prize or the operator's cost, if noncash prize; and

(f) Full description of all noncash prizes; and

(g) Check number, if any portion of the prize is paid by check; and

(h) Initials of the bingo worker making the payout; and

(i) Initials of the cashier making the payment.

Prize log

(3) Licensees may receipt prizes of twenty dollars or less on a single prize log. Licensees must:

(a) Maintain a separate prize log for each session; and

(b) Record the same information required on prize receipts; and

Linked bingo prizes

(4) Except for linked bingo prizes, licensees may omit an address for the winner if:

(a) The licensee pays all prizes greater than $300 by check or a combination of cash and check; and

(b) Checks are drawn on the licensee's gambling bank account; and

(c) Checks used are of a type that provides a duplicate copy. The copies must be kept as a part of the daily bingo records; and

(d) Checks are made payable only to the winner. Licensees may make checks for prizes won by players under age eighteen payable to the guardian or immediate family member accompanying the player; and

(e) Licensees note the game number and prize receipt number on the check; and

(f) The bank returns all original checks to the licensee. Licensees must have the original checks available for our inspection on demand; and

(g) The licensee does not cash or otherwise redeem prize checks.

(5) Licensees must record the complete name and address of the winner of linked bingo prizes.

(6) Licensees must:

(a) Issue prize receipts consecutively in an ascending order; and

(b) Void and retain with the daily records any prize receipts bearing a lower number than the highest number issued during a session; and

(d) Keep a duplicate copy as a part of their records for not less than three years; and

(e) Account for and document all prize receipts purchased or otherwise obtained on a vendor's invoice; and

(f) Keep the vendor's invoice, or a photocopy of it, on the premises and have it available for our inspection. The purchase invoice must document, at least:

(i) Name of the vendor;

(ii) Name of the purchasing organization;

(iii) Date of purchase;

(iv) Number of receipts purchased; and

(v) The beginning and ending receipt number.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-350, filed 2/9/18, effective 7/1/18
WSR 08-03-062 (Order 623), § 230-10-350, filed 1/14/08, effective 2/14/08
WSR 07-10-033 (Order 610), § 230-10-350, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-355 Charitable or nonprofit organizations purpose and spending limits for bingo operations.

To ensure that bingo licensees meet the intent of RCW 9.46.010 and provide adequate funds to promote charitable and nonprofit programs, bingo licensees must not allow their bingo operation to award excessive prizes or pay excessive expenses. The governing board of the organization must specifically approve all capital expenditures for the bingo operation that exceed six thousand dollars.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-355, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-360 Defining "bingo operation."

"Bingo operation" means bingo games and all associated activities conducted with bingo games at the premises, including punch boards, pull-tabs, other authorized drawings, snack bar, retail sales activities, and rental of the bingo premises.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-360, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-365 Defining "adjusted cash flow from the bingo operations."

"Adjusted cash flow from the bingo operation" means the combined gross income of the bingo operation minus all prizes and expenses, whether paid or accrued. Operators must not consider depreciation or amortization an expense of the bingo operation for the purposes of computing expenses.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-365, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-375 Failing to maintain a positive cash flow.

(1) Bingo licensees must measure adjusted cash flow to ensure that they maintain a positive cash flow and are not operating primarily for gambling purposes.

(2) If a licensee does not maintain a positive cash flow from the bingo operation as reflected in their annual financial statement as prepared in accordance with WAC 230-07-150, the director will take administrative action to revoke the organization's bingo license.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 14-23-049 (Order 710), § 230-10-375, filed 11/14/14, effective 12/15/14. Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-375, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-385 Receipting of bingo income required.

Bingo licensees must account for all income from bingo games at the time they receive the income. Licensees must issue each player a receipt for the amount paid to play in each game or set of games at the time of payment. Players must keep this receipt to prove that they have properly purchased the number of cards they are playing.

(1) Licensees with gross gambling receipts of one hundred fifty thousand dollars or less in their previous license year, organizations conducting bingo under the provisions of RCW 9.46.0321, and bingo activities conducted at a qualified agricultural fair may use the receipting method for bingo income in WAC 230-07-125 or any of the methods for receipting bingo income required for licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year; and

(2) Licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year must use the receipting method for bingo income required for the bingo games they are offering:

(a) The disposable bingo card receipting method; or

(b) The cash register receipting method; or

(d) The ticket receipting method; or

(e) The combination receipting method.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-385, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-385, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-390 Disposable bingo card method for receipting bingo income required when disposable bingo cards used.

Bingo licensees must use the disposable bingo card method to receipt for bingo income when disposable bingo cards are used. Licensees using the disposable bingo card method to receipt for bingo income must:

(1) Use bingo cards that meet all disposable bingo card requirements; and

(2) Complete the inventory control record; and

(3) Record for each set of cards or sheets intended for playing a single game, including on-the-way games:

(a) Serial number; and

(b) The color and/or border pattern; and

(d) The lowest consecutive card or sheet number issued as a receipt; and

(e) The last card or sheet number issued as a receipt; and

(f) Missing cards or sheets per the manufacturer's packing record; and

(g) The number of cards returned and not issued; and

(h) The number of cards issued as receipts; and

(i) The total gross gambling receipts from all cards issued as receipts; and

(4) Record for each set or collation of packs or packets of cards sold and intended for playing a defined set of games:

(a) The serial number of the top sheet or page of the packet; and

(b) The color and/or border pattern of the top sheet or page of the packet; and

(d) The card, sheet, or packet number of the last or highest packet issued as a receipt; and

(e) The number of packets issued as receipts; and

(f) The number of packets returned and not issued; and

(g) Missing packets per the manufacturer's packing record; and

(h) The value of each packet; and

(i) The total gross receipts from all packets issued as receipts; and

(5) Record each disposable card issued for each type of sale separately. When more than one card or sheet number appears on a sheet of cards, licensees must use the manufacturer's designated control system to determine the beginning and ending number sold. Each time the numbering of the sheets breaks in the set, licensees must make a separate entry in the records; and

(6) Consecutively issue each disposable card or sheet or packet of cards from the same set at each individual sales point. Licensees may sell these cards, sheets, or packets not issued during a session only at the next bingo session. Otherwise, licensees must retain these cards, sheets, or packets of cards for at least one year; and

(7) Return unsold cards issued to the operator for a linked bingo prize to the linked bingo prize provider. The linked bingo prize provider must store these cards six months or until we have examined and approved them for destruction, whichever is less. Unopened blocks of two hundred fifty cards may be reissued.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-390, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-390, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-395 Cash register method of receipting for bingo income.

Bingo licensees may use a cash register to record bingo income if the cash registers:

(1) Have separate keys to record each type of sale; and

(2) Store and compute a total for each type of sale recorded and is capable of providing the total on request; and

(3) Retain in the memory unit all transactions recorded during a session, regardless of whether or not the cash register power source is interrupted; and

(4) Record all transactions, customer receipt numbers, and control totals on the internal tape retained in the cash register. The licensee must keep the internal tape, showing these transactions, as part of the daily bingo records; and

(5) Assign and imprint on the customer receipt and internal tape a minimum four-digit consecutive number for every sales transaction processed. Only cash register service personnel may reset this numbering system and the numbering system must not return to zero at the conclusion of any period of use or power interruption. If licensees receive written approval from us before use, they may use cash registers that do not meet these requirements but have adequate alternative control features; and

(6) Licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year, must imprint a minimum three-digit consecutive number on the customer receipt and internal tape to note each time transactions are totaled or when a set of transactions are totaled and closed. If licensees receive written approval from us before use, they may use cash registers that do not meet these requirements but have adequate alternative control features.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-395, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-395, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-400 Customer receipts for cash register method of receipting for bingo income.

Bingo licensees must imprint at least the following on customer receipts:

(1) The date; and

(2) The name of the licensee operating the activity; and

(3) The separate amount of money paid to play each type of game; and

(4) The total amount of money paid; and

(5) The consecutive customer receipt number.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-400, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-405 Retaining cash register receipts for cash register method of receipting for bingo income.

(1) Bingo licensees must keep all cash register receipts for voids, overrings, returns, "no sales," and any other receipts not issued to a player as part of the daily bingo records.

(2) If a cash register is used to receipt activities other than bingo, licensees must keep the internal cash register tapes for not less than two years and have them available for our review on request.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-405, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-410 Electronically generated bingo card method of receipting bingo income.

Bingo licensees may use the electronically generated bingo card method of receipting to document bingo income if the sales transaction and issuing cards to players are completed at the same time. Otherwise, licensees must use the combination receipting method.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-410, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-415 Electronically generated bingo card method of receipting for bingo income requirements.

Bingo licensees using the electronically generated bingo card method of receipting to document bingo income must:

(1) Summarize and print all transactions recorded during a bingo session in a permanent record at the end of each session. This record must provide, at least:

(a) The beginning and ending card number; and

(b) The beginning and ending transaction number; and

(d) The total number of sales transactions; and

(e) The total dollar amount of sales for each type of sale; and

(f) The total dollar amount of sales; and

(g) The number and dollar amount of all voids, overrings, or sale returns;

(2) Imprint all electronically generated cards or sheets of cards with a control system that includes, at least:

(a) A card number assigned to each card. Each sheet of cards must be assigned a consecutive transaction number that does not repeat in less than 999,999 transactions; and

(b) The name of the licensee; and

(d) The game number; and

(e) The amount paid for the opportunity to play each game; and

(f) The total amount paid; and

(g) The manufacturer assigned numbers and card number or, if printed for a player selection game, the numbers the player selected; and

(3) Use a computer to store bingo cards and interface with a printer. The computer must:

(a) Retain in memory a record of all transactions occurring during a session until the operator has totaled, printed, and cleared the transactions, regardless of whether the primary power source is interrupted; and

(b) Compute a total of all transactions occurring during the current session and print out the total on request; and

(c) Maintain and control the time and date of sale and transaction number in a manner that prohibits change or resetting except by the manufacturer or qualified service personnel. Licensees must retain a detailed record, supported by service documents for each service call involving a change of the time, date, or transaction number; and

(d) Secure the electronically stored bingo cards in a manner that prevents an operator or player from modifying them. Licensees must not exchange, transfer, refund, or modify the price of cards issued to a player in any way after completion of the sales transaction. Cards must be stored on erasable programmable read only memory (EPROM), compact disc read only memory (CDROM), write once read many disc drives (WORM), or other systems we approve.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-415, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-420 Ticket method of receipting bingo income.

Bingo licensees may use tickets to document receipts of bingo income. Tickets must be:

(1) Manufactured by a commercial printer and imprinted with:

(a) At least four digit numbers in a consecutive series. Licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year must use tickets with numbers that do not repeat in at least 99,999 occurrences; and

(b) Each ticket on a roll must represent the same dollar value or amount of money; and

(c) The name of the licensee operating bingo with gross gambling receipts over six hundred fifty thousand dollars in their previous license year; and

(2) If used by licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year, purchased from a licensed distributor or manufacturer; and

(3) Issued consecutively from each roll, starting with the lowest numbered ticket; and

(4) Accounted for by the licensee. If purchased from a commercial business or licensed distributor, documentation must be on the sales invoice. This invoice, or a photocopy, shall be maintained on the premises and available for inspection. Document the following information on the sales invoice for each roll of tickets purchased:

(a) Name of distributor; and

(b) Name of purchasing licensee; and

(d) Number of rolls of tickets purchased; and

(e) The color, dollar value, total number of tickets, and beginning ticket number for each roll; and

(5) Recorded in the daily records in the format we require; and

(6) Retained by the licensee as a part of the bingo daily records for those not issued as receipts and that bears a number falling below the highest numbered ticket issued during that session and not be used to receipt for any type of income; and

(7) Not be the same color and imprinted with the same ticket number as any other ticket on the premises.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-420, filed 2/9/18, effective 7/1/18
WSR 07-21-116 (Order 617), § 230-10-420, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-420, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-425 Ticket method of bingo receipting for bingo income restrictions.

(1) All bingo licensees may use the ticket method of receipting bingo income for drawings and good neighbor prizes offered at their bingo games.

(2) Licensees with gross gambling receipts of six hundred fifty thousand dollars or less in their previous license year may use the ticket method for games operated with hard cards and for bonus games.

(3) Licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year may use the ticket method for bonus games as a part of the combination receipting method.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-425, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-425, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-430 Keeping an inventory record for the ticket method of bingo receipting.

(1) Bingo licensees must keep an inventory record in the format we require for all tickets used for income receipting.

(2) Licensees must enter all ticket information on the inventory record in the format we require before the beginning of the next bingo occasion.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-430, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-435 Combination receipting method of receipting bingo income.

(1) Bingo licensees may use a receipting method that combines cash register receipting with another approved method of receipting bingo income.

(2) Licensees with gross gambling receipts over six hundred fifty thousand dollars in their previous license year must use combination receipting for income from sales of:

(a) Disposable bingo card packets; and

(b) Disposable bingo card sheets from a set of bingo cards divided into subgroups; and

(c) Electronically generated bingo cards, if sales transactions and issuing of cards are not completed and documented at the same time; and

(d) Bonus games.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-435, filed 2/9/18, effective 7/1/18
WSR 07-10-033 (Order 610), § 230-10-435, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-440 Combination receipting method for bingo income requirements.

(1) Bingo licensees using the combination method of receipting for bingo income must follow all requirements for cash register receipting; and

(2) Licensees may sell similar cards used to play for the same prize at a volume discount, but they must record each separate discount price using a separate cash register or sales identification key to provide an audit trail; and

(3) If receipting for the sale of disposable bingo cards, licensees must:

(a) Follow all requirements for disposable bingo card receipting; and

(b) In addition to those requirements, record the following for each session where sets of cards are sold:

(i) The session number and date; and

(ii) The beginning and ending control numbers of the top page of the packets; and

(iii) Adjustments for any missing packets, compared to the manufacturer's packing record; and

(iv) The number of packets distributed to sales points and returned as unsold; and

(v) Total packets sold; and

(vi) The value of each packet; and

(vii) The extended value obtained by multiplying total packets issued times the value of each packet; and

(viii) The cumulative number of packets issued from the series to date; and

(c) Consecutively issue each disposable card or sheet or packet of cards from the same set at each individual sales point. If sets are divided into subgroups, then licensees must issue packets or sheets of cards within each subgroup consecutively from each subgroup. Licensees may sell these cards, sheets, or packets not issued during a session only at the next bingo session. Otherwise, licensees must retain these cards, sheets, or packets of cards for at least one year; and

(d) Record all required information in the inventory control record; and

(e) Carry forward the totals from the transaction record to the daily bingo summary and reconcile sales against the cash register record; and

(4) If receipting for electronically generated bingo cards, licensees must:

(a) Follow all requirements of electronically generated bingo card receipting; and

(b) Carry forward the totals from the transaction record to the daily bingo summary and reconcile sales against the cash register record; and

(5) If receipting for bonus games, licensees must:

(a) Follow all requirements of ticket receipting; and

(b) Consecutively issue tickets from each sales point. Licensees must retain tickets from each sales point with control numbers lower than the highest ticket issued at that sales point as a part of the daily bingo records; and

(c) Carry forward the totals from the transaction record to the daily bingo summary and reconcile sales against the cash register record.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-440, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-440, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-445 Linked bingo games.

(1) A linked bingo prize provider must request and receive approval from us before allowing a bingo operator to participate in a game that offers a linked bingo prize.

(2) Operators must not offer more than one linked bingo game per session or no more than three linked bingo games per day.

(3) The linked bingo prize provider must notify us within seven days when an operator stops participating in linked bingo prize games.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-445, filed 10/22/07, effective 1/1/08
WSR 07-10-033 (Order 610), § 230-10-445, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-446 Defining "linked bingo prize."

"Linked bingo prize" means a prize that is awarded to a player who is competing against players from multiple participating bingo halls. The categories of prizes are:

(1) The main prize, which is the prize paid each time the game is played to the first verified winner(s);

(2) The consolation prize, which is the prize paid at each participating licensed bingo hall after the main prize has been determined; and

(3) The bonus prize, which is a prize awarded when a player achieves the winning pattern in a predetermined number of calls or on a specific predetermined number.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-10-446, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-10-447 Prizes in linked bingo prize games.

(1) Operators may have up to forty-eight hours to award a main or bonus prize to the winner(s); and

(2) Linked bingo prize providers may establish a consolation prize amount paid at each participating location. Participating licensees whose sales volume does not meet the minimum set out in WAC 230-10-455(2) may pay a consolation prize that is less than this amount; and

(3) For all linked bingo prize games, a winner must be determined at each premises which sells cards to participate in the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-447, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-10-451 Recordkeeping for linked bingo prize games.

(1) All linked bingo licensees must maintain all records required for bingo licensees with gross gambling receipts over one hundred fifty thousand dollars in their previous license year for all their bingo operations; and

(2) For funds contributed to accrued linked bingo prizes, licensees must modify each bingo game daily record to include, at least:

(a) The amount of the contribution; and

(b) The amount of any consolation prize the licensee paid for a linked bingo prize game; and

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-10-451, filed 2/9/18, effective 7/1/18
WSR 07-21-116 (Order 617), § 230-10-451, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-10-456 Additional accounting records for linked bingo prize providers.

In addition to other accounting records, linked bingo prize providers must keep records in the format we require for:

(1) Each prize offered; and

(2) Equipment installed at participating licensees' locations that includes at least:

(a) The name and address of the licensee where the equipment is installed; and

(b) A physical description of the equipment and its cost; and

(3) All bingo cards purchased or otherwise obtained, where the cards were distributed, and the date the cards were used; and

(4) Video recording of each drawing in the previous one-year period that shows, at least:

(a) The ball selection process, including the numbers drawn; and

(b) All body movements of the caller.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-10-456, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-10-460 Shared bingo facilities.

Multiple bingo licensees must enter into a written agreement before sharing a facility. Before operating in a shared facility, licensees must:

(1) Send us written notification of intent to share facilities at least 30 days before operating bingo in a shared facility. The notification must include, at least:

(a) The name of all organizations sharing the facility; and

(b) Names and signatures of the highest ranking officer for each organization involved; and

(d) The method used to share expenses.

(2) Maintain management over their individual gambling activities.

(3) Be solely responsible for their individual records, inventory, management, equipment, and operation of the gambling activities for which they hold a license.

(4) Complete a separate quarterly activity report according to the gambling receipts and expenses it is responsible for under the terms of the written agreement between the licensees.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-015, § 230-10-460, filed 9/22/23, effective 10/23/23
WSR 07-10-033 (Order 610), § 230-10-460, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-465 Sharing facilities and using the cash register system of receipting bingo income.

Multiple bingo licensees sharing a facility may use a single cash register if the licensees maintain a log of, at least, the following:

(1) Name of the organization using the register; and

(2) Date; and

(3) Beginning and ending transaction numbers; and

(4) Beginning and ending time; and

(5) Name and signature of the cashier at the end of use.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-465, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-470 Sharing management and accounting for shared bingo facilities.

Before operating under shared management and facilities, bingo licensees must meet the following requirements:

(1) No more than three bingo licensees may share a facility.

(2) Licensees must send us a written notification of the intent to share facilities at least thirty days before operating in a shared facility. The notification must include, at least:

(a) The name of the lead organization and lead manager; and

(b) Name of all organizations sharing the facility; and

(d) Copies of any written agreements between organizations; and

(e) The method for sharing the gross gambling receipts, net income, expenses, and prizes among the licensees.

Management

(3) All managers of the bingo operation must be full and regular members or employees of at least one of the participating organizations.

(4) Nonprofit gambling managers must not participate in the operation of bingo games at more than one bingo facility.

Accounting

(5) The lead organization must maintain the records clearly disclosing the amount of money the bingo operation received and expended. Expense records must make known the purposes for which the organization spent money.

(6) The lead organization must establish and maintain a separate bank account to which it will deposit all proceeds from the bingo operation and from which it will pay all of the expenses in connection with the bingo operation, including at least, all payments of prizes.

(7) Each licensee must keep records of gambling proceeds received from the bingo operation and the use of those proceeds towards the stated purpose of the organization.

(8) Each licensee must complete a separate quarterly activity report according to the percentage of gambling receipts and expenses it is responsible for under the terms of the written contract between the licensees.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-470, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-10-475 Operating bingo in a for-profit business premises.

(1) Bingo licensees may operate bingo in a for-profit business if the:

(a) Bingo portion is separate and apart from the for-profit business portion. A transparent or solid barrier not less than seven feet high with no more than two openings must separate the two portions. Each opening must be no more than six feet in width; or

(b) For-profit business is closed when bingo games are operated.

(2) When the sale, service, or consumption of liquor is permitted in the for-profit business, the liquor licensee or permittee is responsible for complying with liquor laws and regulations.

(3) Commercial stimulant pull-tab licensees must not sell pull-tabs in the bingo portion of the premises. Pull-tab players may take the pull-tabs into the bingo portion. Players must select and purchase the pull-tabs and operators pay prizes in the for-profit business portion.

(4) The owner, manager, or any employee of the for-profit business must not be an officer of the organization or participate in the operation of the bingo games on those premises.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-033 (Order 610), § 230-10-475, filed 4/24/07, effective 1/1/08.

Chapter 230-11 Raffles.

Wash. Admin. Code § 230-11-001 Defining "licensees," "licensee," "organizations," and "organization."

(1) In this chapter, "licensee" and "licensees" means those charitable or nonprofit organizations which we require to be licensed to conduct raffles.

(2) "Organization" and "organizations" means all bona fide charitable or nonprofit organizations conducting unlicensed raffles authorized by chapter 9.46 RCW, including those authorized by RCW 9.46.0209, 9.46.0315 and 9.46.0321.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-11-001, filed 10/22/07, effective 1/1/08
WSR 06-20-040 (Order 602), § 230-11-001, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-002 The definition of raffle as used in this chapter.

"Raffle" as used in this chapter means raffle as defined in RCW 9.46.0277 and enhanced raffle as defined in RCW 9.46.0323.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-002, filed 10/18/21, effective 11/18/21. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-002, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-11-005 Display the raffle license.

Licensees conducting a raffle must prominently display the raffle license or a copy of the license at the site and time of the drawing.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-005, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-006 Requiring raffle ticket purchase for membership prohibited.

Organizations must not require a person to buy a raffle ticket or pay to participate in any gambling activities in order to become a member of the organization.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-006, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-010 Number tickets consecutively.

All raffle tickets must:

(1) Be consecutively numbered; or

(2) Be printed with numbers which do not repeat within the population of all tickets sold for a particular raffle. All aspects of the raffle must take place during the same event at the same location and you must maintain a raffle ticket distribution log in the format we require; or

(3) Be printed with letters or symbols which do not repeat within the population of all tickets sold for a particular raffle.

History

Statutory Authority: RCW 9.46.070, 9.46.0277. WSR 13-03-062 (Order 682), § 230-11-010, filed 1/11/13, effective 2/11/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-010, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-012 Licensees may conduct a joint raffle.

Except for enhanced raffles, raffle licensees may jointly conduct a raffle if:

(1) Licensees maintain in writing the method by which the income, expenditures for prizes, and all other expenses, received and expended in connection with the raffle will be divided among them; and

(2) One licensee sets up a separate bank account into which all of the proceeds from the raffle are deposited and from which all of the expenses in connection with the raffle, including but not limited to, all payments for prizes, are made; and

(3) Participating licensees keep records which clearly disclose the amount of money received or each licensee expends in connection with the raffle and the purpose(s) for which the money was spent; and

(4) Licensees count all gross receipts that each participating licensee received toward their gross receipts limit.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-012, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-012, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-013 Conducting a raffle by a credit union.

The following requirements apply when a credit union organized and operating under state or federal law conducts a raffle:

(1) All revenue received from raffles, less prizes and expenses, must be devoted to purposes authorized in RCW 9.46.0209(1); and

(2) Tickets for such raffles can be sold only to, and winners are determined only from among, the regular members of the credit union; and

(3) All recordkeeping requirements outlined in this chapter must be met; and

(4) A license must be obtained if gross revenues from all such raffles held by the credit union during a calendar year exceed five thousand dollars.

History

Statutory Authority: RCW 9.46.070. WSR 19-23-071, § 230-11-013, filed 11/18/19, effective 12/19/19.

Wash. Admin. Code § 230-11-014 Maximum raffle ticket price.

(1) Raffle tickets must not be sold for more than one hundred dollars each; and

(2) Enhanced raffle tickets must not be sold for more than two hundred fifty dollars each.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-014, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 09-19-052 (Order 663), § 230-11-014, filed 9/11/09, effective 10/12/09
WSR 06-20-040 (Order 602), § 230-11-014, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-015 Provide rules to participants.

At the time of purchase, organizations must inform all participants by either printing on the participant's portion of the ticket or otherwise providing to each participant, in writing, the following:

(1) All rules by which prizes may be won in the raffle; and

(2) The cost of each ticket; and

(3) All prizes available, whether cash or merchandise; and

(4) Date, time, and location of drawing; and

(5) Whether a participant is required to be present at the raffle drawing in order to be eligible to win a prize; and

(6) Name of the organization conducting the raffle.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-015, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-020 Record information on ticket stub.

If an organization sells raffle tickets to the general public or conducts raffles that do not require the winner to be present at the drawing, the organization must include a stub or other detachable section bearing a number, letter, or symbol matching the number, letter, or symbol on the ticket or object representing the participant's ticket. The organization's portion must include the participant's name, complete address, telephone number, and other information necessary to notify the winner. Licensees operating an enhanced raffle may provide a receipt that includes ticket confirmation numbers in lieu of a ticket stub.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-020, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-11-020, filed 10/22/07, effective 1/1/08
WSR 06-20-040 (Order 602), § 230-11-020, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-025 Bundling and selling tickets at a discount.

(1) Licensees may put tickets together in a bundle and sell them at a discount level if they:

(a) Create the discount levels before selling any raffle tickets; and

(b) Do not change the discount levels during the raffle; and

(d) Use up to three discount levels for each raffle; and

(2) Booklets of bundled discounted tickets must contain the number of tickets named in the discount levels; and

(3) Licensees must not remove tickets from a booklet to sell them individually; and

(4) Each booklet of bundled tickets must have the following information printed on the cover:

(a) A description of the discount levels; and

(b) The number of tickets in the booklet; and

(d) A consecutive number; and

(5) Licensees must establish controls and accounting procedures necessary to determine gross gambling receipts from ticket sales.

History

Statutory Authority: RCW 9.46.070. WSR 21-05-062, § 230-11-025, filed 2/16/21, effective 3/19/21
WSR 06-20-040 (Order 602), § 230-11-025, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-030 Restrictions on ticket sales.

(1) Only the following people, who are at least eighteen years old, may sell raffle tickets:

(a) Members of the organization, except as explained in subsection (2) of this section; and

(b) Volunteers under the supervision of a member; and

(2) Organizations may allow members under the age of eighteen to sell tickets when the organization has:

(a) Development of youth as a primary purpose; and

(b) At least three members or advisors who are at least eighteen years old and who supervise the operation of the raffle; and

(3) Organizations must sell tickets for a particular raffle for the same price unless offering an authorized discount plan; and

(4) Organizations must not:

(a) Sell raffle tickets via the internet; or

(b) Require anyone to purchase more than one raffle ticket; or

(d) Give an opportunity to participate in a raffle drawing to a person who has not purchased a ticket.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-030, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 09-09-065 (Order 643), § 230-11-030, filed 4/13/09, effective 7/1/09
WSR 06-20-040 (Order 602), § 230-11-030, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-035 Incentives for selling tickets.

(1) Organizations must not pay members or volunteers for selling tickets or managing or operating a raffle, unless the person is a full-time or part-time employee of the organization with duties other than selling tickets or managing or operating raffles.

(2) Licensees may provide members or volunteers with noncash incentives for selling tickets if the licensee:

(a) Bases the incentives on the number of tickets sold; and

(b) Gives incentives that do not exceed five percent of the gross gambling receipts of the raffle; and

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-035, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-040 Place ticket stubs in receptacle for drawing.

Each person who sells a raffle ticket must give the organization all tickets, ticket stubs or other detachable sections of all tickets sold. The organization must place each ticket, ticket stub or other detachable section of each ticket sold into a receptacle from which the organization will draw the winning tickets unless they use one of the authorized alternative drawing formats.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-040, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-040, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-045 Draw winning tickets randomly.

A "drawing" means a random selection process for determining winners in a raffle. To be random, each ticket in the drawing must have an equal and fair chance of being drawn as a winner. Organizations must design the ticket drawing receptacle so that each ticket has an equal opportunity to be drawn.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-045, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-050 Using alternative drawing formats.

Except for enhanced raffles, licensees may use alternative drawing formats that randomly determine winners if licensees:

(1) Fully disclose to each player the random selection process used in the alternative drawing format before selling tickets; and

(2) Maintain a copy of the disclosure with the permanent raffle records; and

(3) Use controls and accounting procedures that:

(a) Provide the ability to audit gross gambling receipts from ticket sales; and

(b) Have sufficient controls to prevent manipulation of the random selection process; and

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-050, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-050, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-055 Authorized alternative drawing formats.

Except for enhanced raffles, licensees may use the following types of alternative drawing formats or similar random selection processes:

(1) Mock races. The licensee sells participants consecutively numbered tickets that identify a specific corresponding numbered mock animal(s), ball(s), or other similar object(s) that can use natural elements to move the objects (water, gravity, wind) in a race. All objects must be identical in weight, size, and shape, to have an equal opportunity to win. The licensee must release all objects simultaneously at a start line. The first numbered object to cross the finish line wins.

(2) Poker runs. The licensee sells participants consecutively numbered tickets or poker tally sheets to participants. Participants travel a predetermined course with predetermined drawing stations (typically five drawing stations). At each drawing station, participants draw one playing card for each ticket purchased. Station attendants must verify the card drawn and record the card value on the poker ticket tally sheet. After all participants have completed the course, the participant with the best recorded poker hand wins.

(3) Ball drops. The licensee sells participants consecutively numbered tickets that identify a specific corresponding numbered ball. All balls must be equal in size, weight, and shape, to have an equal opportunity to win. The licensee suspends all purchased numbered balls in the air and simultaneously releases them over a target zone. The ball, closest or first, to hit the predetermined target wins.

(4) Animal plops. The licensee sells participants consecutively numbered tickets that identify a specific corresponding square on a numbered grid. The licensee releases the animal into the grid area until the animal has completed its plop. The numbered square containing the plop wins.

(5) Multiple stage drawings. The licensee sells participants consecutively numbered tickets. The licensee uses multiple drawing phases to eliminate participants until the licensee declares the remaining ticket holder(s) the winner(s). The licensee may use second element of chance plans as long as the plans meet the criteria set out in WAC 230-11-060.

(6) Bucket raffles. The licensee sells participants consecutively numbered tickets. Participants place their tickets into any number of separate buckets or other receptacles for separate prizes. We consider the multiple drawings one single raffle. If licensees use different tickets for each receptacle, we consider each drawing an individual raffle.

(7) Calendar raffles. The licensee sells participants consecutively numbered calendars with removable stubs. The licensee places all sold calendar stubs into the drawing receptacle. On predetermined dates identified on the calendar, the licensee conducts drawings. The licensee places all winning stubs back into the drawing receptacle for future drawings.

(8) Heads/tails raffles. The licensee sells participants consecutively numbered tickets. Every participant who purchased a ticket stands up and places their hands on either their head or their tail. The licensee then flips a coin to determine heads or tails. Participants who selected the losing outcome (heads or tails) must sit down. The process is repeated until there is only one participant standing and they win the prize.

(9) Number raffles. The licensee sells participants consecutively numbered tickets. The participants select a number from a spot or square on a grid or from a list of numbers. The licensee then draws a number(s) that corresponds to the numbers on the grid or list to determine the winner(s).

History

Statutory Authority: RCW 9.46.070. WSR 21-05-062, § 230-11-055, filed 2/16/21, effective 3/19/21. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-055, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-055, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-060 Using a second element of chance in alternative drawing format raffles.

Licensees may use second elements of chance in alternative drawing format raffles to:

(1) Determine the final prize winner. For example: Ten finalists are drawn and each finalist chooses a key. The finalist with the key that starts the vehicle wins; or

(2) Determine which prize is awarded among a group of prizes. For example: Each winner selects one of three keys and each wins the contents of the safe which the key unlocks; or

(3) Increase the prize award. For example: The winning ticket matches a predetermined sequence of numbers and wins an additional prize.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-060, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-065 Raffle prizes.

(1) Organizations must own the prizes offered to winners before the date of the drawing. However, if the winner has an option to receive a cash prize instead of the merchandise, the organization may enter into a contract to purchase the merchandise prize after the winner chooses his or her option. The organization must have the funds to make the purchase on account before the date of the drawing.

(2) At the time and date of any raffle drawing, the organization must have on deposit an unencumbered amount of money that is equal to or greater than all cash prizes being offered in the raffle. The organization must have these funds deposited in the gambling receipts account, if required, or in a recognized Washington state depository authorized to receive funds. The organization must not reduce the balance of funds available from this account below the required amount before awarding the prize(s).

(3) Raffle prizes must:

(a) Be available at the time and place of the drawing; and

(b) If cash, be United States currency or an equivalent amount of negotiable instruments; and

(c) For licensees, not exceed $60,000 per prize or $400,000 in total raffle prizes in a license year, except as authorized in WAC 230-11-067.

(4) For enhanced raffles, a purchase contract is not necessary for smaller noncash prizes, but the bona fide charitable or nonprofit organization must be able to demonstrate that such a prize is available and sufficient funds are held in reserve in the event that the winner chooses a noncash prize.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-065, filed 3/25/24, effective 4/25/24. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-065, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 12-05-067 (Order 677), § 230-11-065, filed 2/15/12, effective 3/17/12. Statutory Authority: RCW 9.46.070. WSR 10-11-086 (Order 668), § 230-11-065, filed 5/17/10, effective 7/1/10
WSR 06-20-040 (Order 602), § 230-11-065, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-067 Requesting commission approval prior to offering raffle prizes exceeding $60,000 per prize or $400,000 in a license year.

(1) The commissioners may vote to approve a licensee to exceed raffle prize limits if a licensee shows good cause in writing.

(2) Prior to offering raffle prizes that exceed $60,000 per prize, the licensee must submit a raffle plan to us that includes at least the following information:

(a) The organization's goals for conducting the raffle; and

(b) A brief overview of the licensee's mission and vision including the type of programs supported by the licensee and clients served; and

(i) Date of the drawing; and

(ii) Cost of raffle tickets; and

(iii) Prizes available; and

(iv) Security of prizes; and

(v) Plans for selling raffle tickets; and

(vi) Description of how the licensee protects the integrity of the raffle; and

(d) An explanation of how the proceeds from the raffle will be used; and

(e) A plan to protect the licensee in the event of low ticket sales and other risks. Provided, that if the organization determines that ticket sales are below the number of tickets disclosed in the raffle plan required to award the grand prize, the winner must receive at least 50 percent of the net proceeds in excess of expenses; and

(f) An explanation of how the licensee will purchase the prize(s) for the raffle; and

(g) A projected budget including:

(i) Estimated gross gambling receipts, expenses, and net income for the raffle; and

(ii) Minimum number of projected ticket sales to break even; and

(iii) Corresponding sales and prize levels with projected revenues and expenses for each level; and

(iv) Minimum and maximum prizes available; and

(h) Any other information that we request or any information the licensee wishes to submit.

(3) Prior to offering raffle prizes that exceed $400,000 in a license year, the licensee must submit a raffle plan that includes:

(a) The organization's goals for conducting raffles; and

(b) A brief overview of the licensee's mission and vision including the type of programs supported by the licensee and clients served; and

(d) Brief overview of prizes awarded; and

(e) Estimated gross gambling receipts, expenses, and net income for the raffles; and

(f) Any other information that we request or any information the licensee wishes to submit.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-067, filed 3/25/24, effective 4/25/24. Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 12-05-067 (Order 677), § 230-11-067, filed 2/15/12, effective 3/17/12. Statutory Authority: RCW 9.46.070. WSR 10-11-086 (Order 668), § 230-11-067, filed 5/17/10, effective 7/1/10.

Wash. Admin. Code § 230-11-070 Defining "members-only" raffles.

A "members-only raffle" means a raffle where the organization sells tickets only to full and regular members and a limited number of guests and does not include enhanced raffles. Except for members-only progressive raffles, all aspects of the raffle must take place during the same event at the same location. Winners must be determined from among those members and guests that have purchased tickets.

History

Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 14-17-056 (Order 703), § 230-11-070, filed 8/15/14, effective 9/15/14. Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-070, filed 9/16/13, effective 10/17/13. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-070, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-075 Limit number of guests for members-only raffles.

If guests are allowed to participate in the raffle, the total number of guests at the event must not exceed 50 percent of the total attendance. The organization must maintain records to show compliance with this requirement.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-075, filed 3/25/24, effective 4/25/24
WSR 06-20-040 (Order 602), § 230-11-075, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-080 Post rules of play for members-only raffles.

Organizations must post a sign at each point where they sell tickets to provide participants with all rules of play or print the required disclosures on the raffle ticket.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-080, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-085 Modified pricing plans for tickets for members-only raffles.

(1) Licensees may use modified ticket pricing plans at members-only raffles when gross revenues do not exceed $5,005. One type of modified pricing plan is a penny raffle. A penny raffle is a raffle where licensees sell 500 consecutively numbered tickets. Participants randomly choose tickets and pay the consecutive number of the ticket multiplied by a predetermined cost, for instance, one penny.

(2) In modified pricing plans, licensees may sell tickets to enter a raffle for different values, not to exceed $10 for a single ticket, if the licensee:

(a) Discloses to the participants the pricing plan before selling them a ticket to participate. The licensee must disclose to the participant the total number of tickets in the population available and the number of tickets at each price level; and

(b) Allows participants to randomly select their ticket from the population of remaining tickets and pay the amount printed on the ticket they select; and

(d) Holds no more than two such drawings during a meeting or event.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-085, filed 3/25/24, effective 4/25/24
WSR 07-21-116 (Order 617), § 230-11-085, filed 10/22/07, effective 1/1/08
WSR 06-20-040 (Order 602), § 230-11-085, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-086 Discounted pricing plans for tickets to members-only raffles.

In discounted pricing plans, licensees may sell tickets for a discounted price based on the number of tickets a player purchases if:

(1) The amount of the discount is set before any raffle tickets are sold; and

(2) Participants are allowed to purchase a single ticket; and

(3) There is only one discount plan for each raffle; and

(4) The cost of a single ticket, without a discount, does not exceed $100; and

(5) The cost of a single ticket is printed on each ticket (for example, one dollar each); and

(6) The discounted tickets are identified by a unique ticket audit numbering system; and

(7) The licensee establishes an audit system that includes internal controls and procedures to determine gross gambling receipts from the sale of tickets using a discounted pricing plan.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-086, filed 3/25/24, effective 4/25/24
WSR 06-20-040 (Order 602), § 230-11-086, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-087 Other pricing plans for members-only raffles.

(1) Licensees may sell multiple tickets to enter one or more drawings as a package.

(2) Licensees may include tickets to enter a raffle as a part of a package that includes dues, entertainment, or other fund-raising activities if:

(a) The package discloses the value of each component of the package to the purchaser; and

(b) The value of each individual raffle ticket does not exceed $100.

(3) Individual tickets must be available for purchase for all raffles.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-087, filed 3/25/24, effective 4/25/24
WSR 17-23-170, § 230-11-087, filed 11/21/17, effective 12/22/17
WSR 06-20-040 (Order 602), § 230-11-087, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-090 Authorized alternative drawing formats for members-only raffles.

Licensees may use alternative drawing formats set forth in WAC 230-11-055 for members-only raffles as long as the licensee meets all requirements set out in that rule. Licensees also may use the following alternative drawing formats or similar random selection processes for members-only raffles:

Mock animal races.

(1) The licensee sells participants consecutively numbered tickets to wager on a specific mock animal in a field of mock animal racers, typically five to ten racers. The mock animals race in individual lanes divided into equal spaces or squares; for example, bingo boards are sometimes used as race lanes. Animals move forward based on the numbers rolled on dice or balls drawn from a set of bingo balls. The first mock animal to cross the finish line is the winner. All winning ticket holders split the prize pool or the licensee may hold a drawing of winning tickets to determine a single winner.

Video races.

(2) The licensee sells participants consecutively numbered tickets/race forms to wager on the outcome of an unknown videotaped race, typically horse races. The previously taped races must be obtained from an outside source and participants must have no knowledge of the specific race outcome before conducting the video race drawing. Participants wager on the specific racers, identified by numbers, or a specific race lane. All participants holding a winning race number ticket or winning lane number ticket are the winners. All winning ticket holders split the prize pool or the licensee may hold a drawing of winning tickets to determine a single winner.

Paddle wheel raffles.

(3) The licensee sells participants numbered paddles or numbered tickets that correspond to numbered spaces on a balanced, spinning wheel. The licensee spins the wheel at least one full revolution. The ticket that matches the number that the wheel stops on is the winning ticket.

Card deck raffle.

(4) The licensee sells participants a single playing card or similar object. The card is then torn or cut in half and one half is placed in the drawing receptacle. The participant holds the other half until the drawing takes place. The holder of the matching half to that drawn is the winner.

History

Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-090, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-091 Members-only progressive raffle.

A "members-only progressive raffle" is a raffle in which winner(s) of one or more members-only raffles may, without further purchase, receive an entry into another members-only raffle.

History

Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 14-17-056 (Order 703), § 230-11-091, filed 8/15/14, effective 9/15/14.

Wash. Admin. Code § 230-11-100 Recordkeeping requirements for raffle licensees.

(1) Licensees conducting raffles with gross gambling receipts of fifty thousand dollars or less in their previous license year and organizations conducting unlicensed raffles under the authority of RCW 9.46.0315 or 9.46.0321 must keep a record by month of the following:

(a) Gross receipts; and

(b) Prizes paid; and

(d) Documentation of expenses; and

(e) Documentation of how the proceeds were used.

(2) Licensees conducting raffles with gross gambling receipts over fifty thousand dollars in their initial license year, with gross gambling receipts over fifty thousand dollars in their previous license year, offering prizes that require approval per WAC 230-11-067, or conducting raffles using alternative drawing formats must prepare a detailed record for each raffle they conduct. Licensees must:

(a) Record all data required in the standard format we provide; and

(b) Maintain the following:

(i) Validated deposit receipts for each deposit of raffle proceeds; and

(ii) All winning tickets; and

(iii) Name, address, and telephone number of all winners of a prize with a fair market value of more than fifty dollars; and

(iv) All ticket stubs for raffles that participants are not required to be present at the drawing; and

(v) All unsold tickets for individual raffles for which gross gambling receipts exceed five thousand dollars; and

(vi) Invoices and other documentation recording the purchase or receipt of prizes; and

(vii) Invoices and other documentation recording the purchase of tickets and other expenses of the raffle; and

History

Statutory Authority: RCW 9.46.070. WSR 20-08-095, § 230-11-100, filed 3/30/20, effective 4/30/20
WSR 18-05-029, § 230-11-100, filed 2/9/18, effective 7/1/18
WSR 06-20-040 (Order 602), § 230-11-100, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-102 Recordkeeping requirements for enhanced raffles.

Licensees conducting enhanced raffles must prepare a detailed record for each raffle they conduct. Licensees must:

(1) Prepare detailed records in the format we require; and

(2) Maintain the following:

(a) Validated deposit receipts for each deposit of raffle proceeds; and

(b) All winning tickets; and

(c) Name, address, and telephone number of all winners of a prize with a fair market value of more than fifty dollars; and

(d) All enhanced raffle tickets placed in the receptacle; and

(e) All unsold tickets; and

(f) Invoices and other documentation recording the purchase or receipt of prizes; and

(g) Invoices and other documentation recording the purchase of tickets and other expenses of the raffle; and

(3) Complete all records no later than thirty days following the drawing.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-102, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-11-103 Independent audit required for enhanced raffles.

(1) Charitable or nonprofit licensees conducting enhanced raffles must have an independent audit conducted on each enhanced raffle and the associated smaller raffles.

(2) Licensees must hire an independent, certified public accountant or firm licensed by the Washington state board of accountancy to conduct the audit.

(3) The licensee must submit the auditor's report no later than sixty days following the date of the enhanced raffle grand prize drawing.

(4) We may grant an organization additional time to submit the information required if a written request is received before the due date. The president of the organization must sign any request for additional time and include a statement explaining the hardship causing the delay, and the expected date the required report(s) will be submitted.

(5) The independent auditor's report must include:

(a) For the enhanced raffle grand prize drawing and each associated smaller raffles:

(i) Date of the drawing;

(ii) Location of the drawing;

(iii) Gross receipts; and

(iv) Prizes awarded;

(b) List of all expenses used to calculate net proceeds;

(d) Source of funds for purchasing prizes and conducting the enhanced raffle;

(e) The amount of funds that the charitable or nonprofit licensee used or that will be used towards their stated purpose;

(f) Report any state or federal regulatory actions taken in relation to enhanced raffles in Washington; and

(g) Any other information we require to ensure completeness of the information reported.

History

Statutory Authority: RCW 9.46.070 and 9.46.0209. WSR 13-19-056 (Order 692), § 230-11-103, filed 9/16/13, effective 10/17/13.

Wash. Admin. Code § 230-11-105 Retain and store raffle records.

(1) Records for unlicensed raffles must be kept for one year following the date of the raffle drawing.

(2) Records for licensed raffles must be kept for three years from the end of the licensees' fiscal year in which the raffle was completed, with the exception of the following records, which must be retained for one year from the end of the licensee's fiscal year in which the raffle was completed:

(a) All ticket stubs for raffles that participants are not required to be present at the drawing; and

(b) All unsold tickets for individual raffles for which gross gambling receipts exceed $5,000.

(3) Organizations must keep all records at the main administrative or business office of all organizations that are located in Washington and have the records available for our review or audit.

(4) Organizations that do not have an administrative or business office must have and designate a records custodian that resides in Washington. The records custodian is responsible for retaining all raffle records in Washington state after the raffle has been completed. The organization will provide us with the following information:

(a) The name, address, and telephone number of the records custodian; and

(b) The address of the location where records will be maintained.

(5) We may allow an organization to maintain records outside the state of Washington if the organization submits a written request. We may withdraw this permission at any time. The request must include the following information:

(a) The reason records need to be maintained outside of the state of Washington;

(b) The name, address, and telephone number of the records custodian; and

(6) Records approved to be maintained outside the state of Washington must be delivered to us within seven days of our request.

History

Statutory Authority: RCW 9.46.070. WSR 24-08-022, § 230-11-105, filed 3/25/24, effective 4/25/24. Statutory Authority: RCW 9.46.070 and 9.46.0277. WSR 14-21-079 (Order 707), § 230-11-105, filed 10/13/14, effective 1/1/15. Statutory Authority: RCW 9.46.070. WSR 06-20-040 (Order 602), § 230-11-105, filed 9/26/06, effective 1/1/08.

Wash. Admin. Code § 230-11-300 Definitions.

The following definitions apply to electronic raffles:

(1) "Electronic raffle" means a licensed raffle, as defined in RCW 9.46.0277, that uses an electronic raffle system for sales, accountability, and printing of tickets. Electronic raffles must only be conducted during a home game of a qualified sports team. The total prize amount must be one half (i.e., 50 percent) of the gross gambling receipts collected from the sale of raffle tickets. If deducting expenses prior to prize calculation, only actual, documented expenses up to $2,000.00 may be deducted per raffle. Only electronic raffle licensees are authorized to conduct electronic raffles.

(2) "Home game" means a live sports event held in Washington state that is designated as a home game in an official schedule distributed by the league of a qualified sports team at a home game authorized location.

(3) "Home game authorized location" means a sports facility where spectators gather within an arena or stadium where the home game is being conducted and where a home game ticket is required for admission. This does not include ancillary areas, buildings, or facilities, such as parking areas or areas where a ticket is not required for entry.

(4) "Electronic raffle system" means the system that connects to and consists of servers located in the home game authorized location, associated network equipment, software, raffle sales units, raffle ticket printers, and related equipment used by an electronic raffle licensee to generate and account for the sale of raffle tickets.

(5) "Raffle sales unit" means a portable, remote hard-wired connected device, or an attendant operated station that is used as a point of sale for raffle ticket sales. Raffle sales units can only use a closed network with no access to the internet to conduct raffle ticket sales within the home game authorized location except for credit card transactions as authorized in WAC 230-11-310.

(6) "Manual draw" or "drawing" means the method used for the selection of a raffle ticket to determine the raffle winner. A manual draw requires the winning raffle ticket be hand-picked from the receptacle that contains every raffle ticket sold and provides an equal chance for every ticket to be selected.

(7) "Raffle ticket" means a ticket generated by the electronic raffle system that is placed in a receptacle for the manual draw to determine the winner of the raffle prize.

(8) "Raffle ticket number" means the unique number recorded on every raffle ticket and raffle ticket receipt.

(9) "Raffle ticket receipt" means a printed receipt and record of entry into an electronic raffle provided to the participant which contains the raffle ticket number and a unique validation number and/or barcode information.

(10) "Unique validation number" or "barcode information" means a number or barcode generated by the electronic raffle system as a secondary means of verifying the raffle ticket is legitimate.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-300, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-305 Electronic raffle system standards.

(1) Electronic raffle system manufacturers must submit an application and deposit for our review as outlined in WAC 230-06-050 prior to electronic raffle systems being authorized for operation in this state.

(2) Under WAC 230-06-050, as part of the application process, the manufacturer must provide a letter from an independent testing laboratory licensed by us certifying that the electronic raffle system was tested and was found to be compliant with Gaming Laboratories International's GLI-31: Standards for Electronic Raffle Systems, and all laws and rules relating to electronic raffles prior to the electronic raffle system being brought into this state.

(3) The electronic raffle system will be tested for approval under WAC 230-06-050 at the home game authorized location. This will also apply to any changes made to the electronic raffle system after initial approval.

(4) An application and deposit under WAC 230-06-050, along with an updated letter from an independent testing laboratory certifying compliance, must be submitted to us prior to installing any changes to the electronic raffle system. Changes will be tested by us within five days of installation.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-305, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-310 Electronic raffle system requirements.

The electronic raffle system must be approved by us prior to operation and must:

(1) Operate on a secure network independent from the home game authorized location network. This network must be a closed network with no connection to outside components or systems. The only exceptions to the closed network include remote access as outlined in WAC 230-16-153, credit card transactions as authorized in WAC 230-06-035, and prize display communication to a screen(s) in the home game authorized location which will only occur during the live electronic raffle; and

(2) Ensure security for all communications and data to prevent unauthorized access and raffle information manipulation. These security measures should include, but are not limited to, current encryption standards for critical information, isolation from public networks, and use of firewalls; and

(3) Have a way to independently identify the software version and signature to verify the firmware or software operating on the electronic raffle system; and

(4) Not allow for raffle sales to be conducted via the internet; and

(5) Be located, stored, and secured at the home game authorized location to prevent unauthorized access at all times; and

(6) Be accessed only by the electronic raffle licensee and licensed manufacturer; and

(7) Be overseen and supervised by a qualified member or volunteer who can address technical problems before, during, and after the manual drawing and who can provide technical support for the networks and electronic raffle system; and

(8) Require each user to sign in using a unique identification or username and password that is not shared with other users and limit user access permissions to only those which are essential to perform their duties; and

(9) Log all user activity and communicate and log all significant events; and

(10) Save critical data should the following occur: System failure, power failure, or power interruption; and

(11) Have a method for verifying valid winning ticket; and

(12) Print all raffle tickets sold for a manual drawing. Automatic drawings, such as the use of a random number generator, are not authorized; and

(13) Print unique raffle ticket numbers. Numbers may not be duplicated; and

(14) Print one raffle number per ticket; and

(15) Print tickets of equal size and shape to give each ticket an equal opportunity to be drawn.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-310, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-315 Access to home game authorized locations for electronic raffles.

We must be allowed access to:

(1) Home game authorized location before, during, and after an electronic raffle; and

(2) Records; and

(3) Restricted areas controlled by the electronic raffle licensee.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-315, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-320 Electronic raffle operating requirements.

Electronic raffle licensees must:

(1) Ensure the electronic raffle system and all other equipment used to conduct the raffle is functioning properly and fully operational by testing it using the form, prescribed by us, prior to each electronic raffle. If issues are identified, electronic raffle licensees must notify the licensed gambling manager immediately. If the issues cannot be resolved, the licensee must not conduct the electronic raffle; and

(2) Ensure that if any of the components of the electronic raffle system, such as the raffle sales unit, printers, or associated network, fail to function properly prior to or during the sale of any raffle ticket, they must notify us within 24 hours; and

(3) Hold only one raffle per home game; and

(4) Ensure that prior to the sale of raffle tickets, all members or volunteers assisting in operating the electronic raffle and equipment are trained to operate any equipment necessary to carry out their assigned duties and are fully informed of all pertinent laws and rules associated with electronic raffles; and

(5) Ensure a sufficient number of trained personnel are present to fulfill at least the following duties such as raffle ticket sales, count and reconciliation, manual draw, and electronic raffle system management; and

(6) Ensure the time during which the raffle tickets will be sold for each electronic raffle are established and posted; and

(7) Provide members and volunteers sufficient time to ensure that all sales reconciliation and eligible raffle ticket verification can be completed prior to the manual draw; and

(8) Not sell raffle tickets earlier than when spectators are allowed entry; and

(9) Not print raffle tickets before they are sold; and

(10) Ensure all ticket sales are final; and

(11) Not change ticket prices after the first ticket is sold; and

(12) Sell raffle tickets using a raffle sales unit operated by authorized ticket sellers; and

(13) Reconcile cash to raffle ticket transactions in a secure location within the home game authorized location; and

(14) Determine gross gambling receipts and the prize amount and announce to the public the prize amount prior to the drawing; and

(15) Have at least one qualified member or volunteer overseeing the raffle ticket printers at all times who can address any technical problems; and

(16) Ensure the manual drawing is completed before the end of the home game; and

(17) Have a member or volunteer of the electronic raffle licensee draw the winning raffle ticket with the licensed gambling manager present; and

(18) Video record the entire manual draw process and retain the recording with the required records.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-320, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-325 Internal controls for electronic raffles.

Electronic raffle licensees must:

(1) Submit internal controls to us in the format we require for review and approval; and

(2) Follow internal controls at all times; and

(3) Make internal controls available to all members and volunteers for their individual functions; and

(4) Ensure that all members and volunteers follow internal controls.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-325, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-330 Supervision of electronic raffles.

(1) Electronic raffle licensees must designate one or more licensed gambling managers to oversee each electronic raffle.

(2) At least one licensed gambling manager must be on-site during the operation of the electronic raffle and observe the manual drawing.

(3) Only members or volunteers who are supervised by a licensed gambling manager can restart a raffle sales unit or otherwise adjust any associated network equipment for any reason.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-330, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-335 Wearing nametags.

Anyone participating in the management or operation of an electronic raffle must wear a nametag. The nametag must:

(1) Be provided by the electronic raffle licensee; and

(2) Display at least the person's first name; and

(3) Display the electronic raffle licensee's name; and

(4) Be clear and visible.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-335, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-340 Provide rules to electronic raffle participants.

Electronic raffle licensees must post rules at stationary point of sales locations and on their website. In addition, rules must be made available from ticket sellers. Raffle rules must include at least the following:

(1) The cost of each ticket including discount levels; and

(2) Prize calculation including whether expenses are deducted from the prize calculation; and

(3) Time the ticket sales will begin and end; and

(4) Time of the drawing; and

(5) Disclosure stating the participant is not required to be present to win the prize; and

(6) Details of where the winning ticket number will be displayed on the licensee's website; and

(7) Information about how to claim the electronic raffle prize and any restrictions including the time limit to claim the prize; and

(8) Name of the electronic raffle licensee conducting the raffle; and

(9) The statement, "If you or someone you know has a gambling problem, call the Washington State Problem Gambling Helpline at 1- 800-547-6133 for confidential help 24 hours a day."; and

(10) Any additional information we request.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-340, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-345 Electronic raffle prize payout requirements.

Electronic raffle licensees must comply with the following prize payout requirements:

(1) Post and announce the winning raffle ticket at the home game authorized location; and

(2) Ensure only actual expenses up to a maximum of $2,000.00 are deducted from prize payouts. Actual expenses:

(a) Include equipment costs and supplies; and

(b) Must be documented in the format we require; and

(3) Require the winner to present the raffle ticket receipt for verification; and

(4) Ensure the winning raffle ticket number matches the raffle ticket receipt; and

(5) Verify the winning raffle ticket was not voided; and

(6) Post the winning raffle ticket number on the electronic raffle licensee's website within 48 hours of the drawing and for the duration of the redemption period or until the prize is paid, whichever occurs first; and

(7) Verify and record the winner's identity and record the prize amount in the format we prescribe; and

(8) Pay prizes within 24 hours after notification and verification of the winning raffle ticket; and

(9) If the winner does not claim the prize at the home game, the licensee must allow a minimum of 30 days from the date of the drawing for winners to claim prizes. Prizes not claimed within the disclosed time period will become the licensee's proceeds.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-345, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-350 Raffle drawing postponement.

If for any unforeseen reason (e.g., weather delay, power outage, or other reasonably unforeseen event) the electronic raffle is not completed on the day of the home game at which the raffle tickets are sold, the manual drawing of the winning raffle ticket must be completed the first business day when normal business operations resume. No additional raffle tickets may be sold after the unforeseen event occurs, only the manual draw may take place. Notice of the winning raffle ticket number must be posted on the electronic raffle licensee's website.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-350, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-355 Joint raffles prohibited.

Electronic raffle licensees are not permitted to conduct joint raffles as outlined in WAC 230-11-012.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-355, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-360 Raffle ticket requirements.

Raffle tickets must include the following information:

(1) Name of the electronic raffle licensee; and

(2) Raffle ticket number; and

(3) Unique validation number or barcode information; and

(4) Purchase date and time (in 24 hour format showing hours and minutes).

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-360, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-365 Raffle ticket receipt requirements.

Raffle ticket receipts must include the following information:

(1) Name and contact information of the electronic raffle licensee; and

(2) Raffle ticket number(s); and

(3) Unique validation number or barcode information; and

(4) Raffle sales unit identifier; and

(5) Date and time issued; and

(6) Total cost and quantity; and

(7) Website where the electronic raffle rules are available and winning raffle ticket number will be posted; and

(8) The statement, "Ticket holders need not be present to win."; and

(9) Date the prize must be claimed by.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-365, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-370 Authorized ticket sellers.

(1) Only members of the electronic raffle licensee and volunteers under the supervision of a member, who are least 18 years old, may sell raffle tickets.

(2) Electronic raffle licensees must not pay members or volunteers for selling tickets or managing or operating the electronic raffle unless the person is a full-time or part-time employee of the electronic raffle licensee with duties other than selling electronic raffle tickets or managing or operating electronic raffles.

(3) Electronic raffle licensees may provide members or volunteers with noncash incentives for selling tickets if the licensee:

(a) Bases the incentives on the number of raffle tickets sold; and

(b) Gives incentives that do not exceed five percent of the gross gambling receipts of the raffle; and

(c) Maintains a record of the name, address, and telephone number of each person and a description of each incentive they receive. This record should be made available upon our request.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-370, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-375 Restrictions on ticket sales.

(1) Electronic raffle licensees must sell tickets for the electronic raffle for the same price unless offering an authorized discount plan; and

(2) Electronic raffle licensees must not:

(a) Sell tickets via the internet; and

(b) Sell tickets outside of the home game authorized location; and

(d) Give away raffle tickets; and

(e) Allow members or volunteers to purchase raffle tickets for the event they work.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-375, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-380 Selling tickets at a discount.

Electronic raffle licensees may sell raffle tickets at a discount if they:

(1) Use discount levels identified in internal controls; and

(2) Do not change the discount levels during the electronic raffle; and

(3) Offer only discount levels based on the number of tickets sold. Promotional discounts based on other criteria are not allowed; and

(4) Use up to no more than four discount levels for each electronic raffle; and

(5) Account for and document the number of raffle tickets sold at each price point and discount level.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-380, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-385 Recordkeeping requirements for electronic raffles.

(1) Electronic raffle licensees must complete records, in the format we prescribe, for each raffle within 72 hours after each drawing; and

(2) Licensees must record all data in ink, on storage media, or in other permanent form; and

(3) Print, or back up in a permanent form, all the original sales data supporting the raffle drawing; and

(4) Separately maintain the drawing's printed raffle tickets for a minimum of 30 days or until the prize is awarded, whichever is greater; and

(5) Keep all winning tickets; and

(6) Keep the video recording of each drawing; and

(7) Keep the test form we prescribe for each electronic raffle; and

(8) Keep any and all electronic raffle system reports listed in GLI-31; and

(9) Retain all invoices or receipts for raffles prizes and expenses.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-385, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-390 Electronic raffle—Monthly records.

Electronic raffle licensees must maintain accounting records as required in WAC 230-07-130. In addition, electronic raffle licensees must keep a set of permanent monthly records of electronic raffle activity to include at least:

(1) The drawing date; and

(2) Gross receipts; and

(3) Prizes paid; and

(4) Net income; and

(5) Documentation of expenses; and

(6) Documentation of how the proceeds were used; and

(7) Cash over/short.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-390, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-11-395 Keeping and making records available.

Electronic raffle licensees must:

(1) Keep required, completed records from electronic raffles for at least three years from the end of the license year for which the records were completed; and

(2) Retain records at the main administrative or business office of the electronic raffle licensee located in Washington state and have the records available for our review or audit.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-11-395, filed 10/18/21, effective 11/18/21.

Chapter 230-13 Amusement game rules.

Wash. Admin. Code § 230-13-001 Defining "operator."

In this chapter, "operator" means the licensee or unlicensed charitable or nonprofit organization operating the amusement game.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-001, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-005 Amusement games authorized.

(1) We authorize the approved groups of amusement games set forth in this chapter. Operators must only operate amusement games that meet the standards of at least one of the authorized groups.

(2) Commercial businesses or nonprofit or charitable organizations may apply for licenses for amusement games.

(3) Charitable or nonprofit organizations also may conduct group 1 through 11 amusement games without a license when authorized to do so under RCW 9.46.0321 and 9.46.0331.

(4) Operators must operate amusement games as either:

(a) An attended amusement game.

(i) An "attended amusement game" means an amusement game that requires the presence or assistance of a person (attendant) in the regular operation of the game; and

(ii) These games must award a merchandise prize to players if players achieve the objective with one cost of play; and

(iii) An attendant accepts cash, check, tickets or scrip to play the amusement game. The tickets and scrip are not redeemable for cash and must show the name of the operator or sponsor; or

(b) A coin or token activated amusement game.

(i) A "coin or token activated amusement game" means an amusement game that uses a mechanical, electronic, or electro-mechanical machine to allow the player to activate the game by inserting coins, cash, tokens, or tokens on an electronic token card; and

(ii) These games may dispense merchandise prizes, or coupons, tickets, tokens, or tokens onto an electronic token card redeemable for merchandise prizes; and

(iii) Coupons, tickets, tokens or tokens on an electronic token card can be electronically stored for redemption under this section as long as the coupons, tickets, tokens or tokens on an electronic token card are:

(A) Deposited into, and tracked on, a separate amusement game accounting system; and

(B) Not commingled with any tracking, reward, or other gambling related redemption systems; and

(5) Amusement games must not:

(a) Award additional plays as prizes; or

(b) Allow coupons, tickets, tokens or tokens on electronic token cards that are awarded to be replayed; or

(6) Amusement games must only award merchandise prizes.

(a) Merchandise prizes mean noncash prizes including toys, novelties, retail items such as electronic goods, clothing, accessories, as well as food, beverages and other items sold by the operator as a normal part of their business in compliance with all other state laws and regulations, except as provided in (b) of this subsection.

(b) Pull-tabs and other gambling activities, gift certificates or gift cards do not constitute merchandise prizes.

(7) Electronic token card means a card issued by the operator that stores purchased credits available to play the amusement game separate from the coupons, tickets, or tokens awarded or dispensed as prizes from the play of the amusement game. Coupons, tickets, or tokens awarded as prizes cannot be used to play amusement games and must only be redeemed for merchandise prizes.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-22-049, § 230-13-005, filed 10/28/16, effective 11/28/16
WSR 16-09-045 (Order 719), § 230-13-005, filed 4/15/16, effective 7/15/16. Statutory Authority: RCW 9.46.070 and 9.46.0331. WSR 15-15-063 (Order 713), § 230-13-005, filed 7/10/15, effective 8/10/15. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-005, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-010 Approval of new amusement games.

(1) Operators may introduce new games that meet the standards of an authorized group 1 through 11 amusement game without approval of the director as long as they provide the director or his or her designee with a description of the game, the rules of play, and the group number of the game with an explanation of why that group was chosen at least sixty days before introducing the game.

The game cannot be introduced during this 60-day period unless approved sooner by us. The 60-day period stops when we request additional information.

(2) The following procedures apply to all group 12 amusement games. Games approved before the effective date of this rule must be submitted for testing, including the application and deposit, by May 1, 2016:

(a) An application and deposit must be submitted requesting approval of new group 12 amusement games and the applicant will provide all requested information;

(b) All amusement game equipment, programs, and games must be submitted for our review to verify compliance with chapter 9.46 RCW and Title 230 WAC.

(i) The equipment, programs, and/or games submitted must be fully functional/operational and capable of being tested once our review begins.

(ii) If the equipment is not fully functional/operational and ready for testing and review, we may require additional equipment or information before we start our review process.

(c) Amusement game equipment, programs, and games submitted for review must be identical to what will be marketed, distributed, and deployed in Washington;

(d) Group 12 amusement games must allow for a means of identifying and validating approved software that will demonstrate the authenticity of any software or game by a third-party verification program or tool;

(e) We will have sixty days to finish our review once your application is complete;

(f) We will notify you if we require additional information or if your equipment, program, or game malfunctions or is otherwise inoperable.

(i) You will have fourteen days to provide any additional information or correct any equipment, program, or game malfunction and the sixty day review period stops when this occurs. The review period will restart when we receive the requested additional information or when the problem is corrected. You will be responsible for any additional cost needed to review the additional information provided or review of any equipment, program, or game malfunction;

(ii) Review of your application may be terminated if you do not respond within fourteen days. You will be required to reapply under this rule if your application is terminated.

(g) You can only begin selling, leasing, distributing, or operating these amusement games once all entities or individuals are licensed under chapter 230-03 WAC and the amusement game equipment, program, and/or game(s) are approved by the director or director's designee;

(h) All licensed amusement games must operate as approved by the director or director's designee; and

(i) We may keep equipment, software, and/or games submitted for review to allow for continued testing and training as long as the equipment remains in play in Washington. We are not liable for any damage to equipment while in our possession.

(3) If the director or director's designee notifies the operator that the proposed game does not meet the standards or otherwise violates the gambling laws or rules, the operator:

(a) May not introduce the game;

(b) If already introduced, must remove it from play until the operator brings it into compliance with the authorized group; and

(c) If you do not agree with the director or director's designee's decision, you may file a petition for declaratory order with the commission according to RCW 34.05.240 and chapter 230-17 WAC.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-08-033 (Order 718), § 230-13-010, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-010, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-015 Group 1—Ball toss or kick amusement game standards.

In Group 1 games, players throw or kick balls to win prizes.

(1) In ball toss or kick amusement games:

(a) All balls for each game must be uniform in size and weight; and

(b) All targets for each game must be the same size and weight or the operator must color code the target and advise the players of the difference in targets if the difference is not visible to players; and

(d) A target must not have a loose or floating weight.

(2) If the goal of the game requires estimating the speed of the ball thrown or kicked, operators must offer the player at least three balls to practice estimating the speed and one ball for the actual throw or kick.

(3) If operators use a ping pong or similar light weight ball in games requiring players to toss the ball into a dish, saucer, cup, or similar container, they must place water in the bottom of each container.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-015, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-020 Group 2—Dart amusement game standards.

In Group 2 games, players throw darts into a target area to win prizes. If players achieve the predetermined score or pattern, pierce or break a target, or just stick the dart in the target, the player wins a prize.

(1) In dart amusement games:

(a) All darts must be uniform in size and unaltered with the point sharp, or functional if suction-cup darts, and all feathers or tail sections intact; and

(b) The target area for all dart games must be of a material capable of being penetrated and retaining a metal tip dart, or holding a suction-cup dart; and

(c) The target area must be in the rear of the stand and must be at least three feet but not more than fifteen feet from a foul line.

(2) In "add 'em up games," where players must achieve a predetermined score, all darts stuck on the lines of the target must result in another throw by the player. Players have the right to add up the score of the darts thrown.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-020, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-025 Group 3—Hoop or ring toss amusement game standards.

In Group 3 games, players toss one or more hoops or rings over one or more targets which may consist of bottles, pegs, blocks, prizes, or any item capable of having a ring or hoop tossed over it to win prizes. In hoop or ring toss amusement games:

(1) The operator must advise the player as to the degree that the hoop(s) or ring(s) must go over the target; and

(2) Hoops or rings for each game must be uniform in size and shape and must be capable of going over the target; and

(3) Targets used at an individual stand must be the same size. If not, the operator must post signs or use color codes to point out the different sizes.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-025, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-030 Group 4—Coin or token toss amusement game standards.

In Group 4 games, players toss one or more coins or tokens onto a surface or into a target area to win a prize. In coin or token toss amusement games:

(1) The game must have a clear and unobstructed thirty-six inch vertical airspace above the target area or surface; and

(2) The target or surface must be level and not altered to give an advantage to the operator; and

(3) Any game which has a target area of four square inches or less must award a prize if any part of the coin or token is within the target area. "Four square inches" means a two-inch by two-inch square; and

(4) If the target does not include a more than two-inch by two-inch square area, such as a rainbow or star, a prize must be awarded if any part of the coin or token lands on any portion of the target area.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-13-030, filed 10/22/07, effective 1/1/08
WSR 07-15-064 (Order 612), § 230-13-030, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-035 Group 5—Hand/eye coordination amusement game standards.

In Group 5 games, players perform task(s) using hand and eye coordination to win a prize.

(1) Hand and eye coordination amusement games must include one or more of the following:

(a) Striking a moving or fixed object or target including a sequence of moving or fixed objects or targets; or

(b) Launching object(s) at target(s) from a mechanism. Players must aim object(s) so they may land in, on, or go through a target(s), including catching the target(s) or having the object(s) caught in the target(s). In games where players launch, toss, or catapult objects at target(s), the launching machine must respond in an identical manner on repetitive uses when the player applies or selects an equal amount of force; or

(c) Dropping object(s) onto target area(s) or surface(s), including covering the area(s), or surface(s) with the object(s). If a player must cover a spot or specific target area, then the target area must be a circular spot and:

(i) The player must receive at least five circular discs to drop on the target or target area; and

(ii) The diameter of the circular discs used to cover the target or target area must be at least sixty-four percent of the diameter of the target spot or area; and

(iii) The target spot or area must be permanently affixed to a solid surface; or

(d) Capturing, lassoing, hooking, or getting a hold of an object(s) and causing them to move or change position; or

(e) Guiding object(s) or images through a pattern, maze, or task; or

(f) Climbing on, over, through, or around object(s); or

(g) Similar tasks.

(2) For any game requiring a player to perform a task normally associated with playing billiards or pool, operators must allow players to use a regulation billiard table, balls, and cue.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-035, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-040 Group 6—Strength test amusement game standards.

In Group 6 games, players test their strength by performing task(s) for a predetermined number of times or length of time to win a prize. The tasks must do one or more of the following:

(1) Test hand, arm, or whole body strength; or

(2) Require the player to use a tool to strike an object or target, and cause the object to travel a specific distance; or

(3) Require the object(s) to strike another object(s) to achieve the goal of the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-040, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-045 Group 7—Crane amusement game standards.

In Group 7 games, players maneuver a crane or claw mechanism to attempt to retrieve a prize. All crane amusement games must:

(1) Allow at least twenty seconds playing time per operation; and

(2) Have a crane or claw capable of reaching, picking up, and dispensing all prizes in the machine; and

(3) Have the machine controls clearly labeled as to their function; and

(4) Have prizes loose and not packed, arranged, lodged, or intertwined in the machine in any way that would prevent the crane or claw from picking up and dispensing the prize.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-045, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-050 Group 8—Penny fall amusement game standards.

In Group 8 games, players insert coins or tokens (coins) into a chute and aim the chute to win a prize. The coins land on a flat surface(s) which has sweeper and/or pusher arm(s) moving across the surface(s). Carefully aimed coins may cause coins on the flat surface(s) to be pushed or swept into holes or chutes which dispense tokens or tickets to the player.

(1) Coin fall games must:

(a) Have level surfaces and contain similar coins; and

(b) Have the outcome of the game determined by player's skill.

(2) Coin fall games may contain obstacles which if properly passed or struck by a coin, award additional tickets.

(3) If coin fall games have obstacles, operators must:

(a) Turn on the obstacles before the player inserts the coin; and

(b) Keep them on long enough to allow the player to attempt to strike or pass the obstacles.

(4) Operators may set merchandise prizes on the coins, tokens, or other surfaces in the game and if the prize is pushed into a hole or chute, then it is awarded to the player. All prizes must fit down the hole or chute.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-050, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-055 Group 9—Ball roll amusement game standards.

In Group 9 games, players roll balls to a target area to win a prize. Ball roll amusement games may be either:

(1) One player:

(a) Attempting to score a predetermined number of points by landing in a target area; or

(b) Striking and/or knocking down target(s); or

(2) More than one player:

(a) Attempting to score a predetermined number of points; or

(b) Striking and/or knocking down target(s); or

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-055, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-060 Group 10—Shooting amusement game standards.

In Group 10 games, players use a mechanism to fire projectile(s) to hit target(s) to win prizes. In shooting amusement games:

(1) The game may require a player to:

(a) Destroy or obliterate all or part of the target; or

(b) Hit the target or specific portion of it; or

(2) The projectiles may include pellets, BBs, corks, water, electronic beams, light beams, balls, or suction-cup darts.

(3) The targets may be stationary or mobile.

(4) Operators and players must comply with all safety requirements of the local city or county ordinances.

(5) A short range shooting gallery must give players, at least:

(a) Four shots to shoot out a target which has a diameter of one-quarter inch or less; or

(b) One shot at each target which they must strike. Targets must be at least one-half inch square and may include a bulls-eye section which players must shoot out without touching the outside of the target.

(6) "Shoot-out-the-star" games must give players at least one hundred projectiles in an automatic mechanism to shoot out a star which is no more than one and one-quarter inch from point to point.

(7) Operators may determine a winner and award a prize based on the number of players participating.

(8) If suction-cup darts are used in the game, players must receive another turn if the dart does not stick to the target area.

(9) If targets must be knocked over or off of a shelf, then the bases of the targets must be uniformly shaped front and rear.

(10) If players must destroy or obliterate all or part of a target to win, then the players must have the right to have the target brought to them and to visually inspect it at any time during the game or at the conclusion of the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-060, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-065 Group 11—Cake walk and fish pond amusement game standards.

Group 11 games are:

(1) Cake walk amusement games where players walk on a numbered or color-coded circle while music is played. When the music stops, a player wins a prize depending on the number or color of the portion of the circle the player is standing on; and

(2) Fish pond amusement games where players receive a prize each time they play by:

(a) Either hooking or capturing a fake fish floating in water or similar object with a number or symbol on the bottom. The number or symbol of the fish or object corresponds to a prize; or

(b) Having the operator place a prize directly onto the "line" or catching device of the player from behind a curtain or similar obstruction.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-065, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-067 Group 12—Electronic puzzle and pattern solving game standards.

(1) In group 12 games, players must correctly solve a puzzle to win a game, which is viewable by the player before each puzzle is presented.

(2) The game must allow the player to preview points to be awarded if the puzzle is correctly solved before each play of the game without the insertion of money or any other thing of value; and

(3) Prizes are awarded based upon the player's skill in correctly discerning a pattern and completing that pattern; and

(4) When a game presents a potential winning pattern, the puzzle must be capable of completion within the predetermined time period; and

(5) Group 12 amusement games are for adults over the age of twenty-one only and may only be operated by licensees where persons under the age of twenty-one are prohibited from entering; and

(6) The amusement game must prominently display a sticker or on the screen, "This is not a slot machine. No cash prizes are allowed. You can preview the points to be awarded if the puzzle is correctly solved before each play of the game without the insertion of money or anything of value."

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-18-072, § 230-13-067, filed 9/2/16, effective 10/3/16. Statutory Authority: RCW 9.46.070 and 9.46.0331. WSR 15-15-063 (Order 713), § 230-13-067, filed 7/10/15, effective 8/10/15.

Wash. Admin. Code § 230-13-070 Notifying local law enforcement of amusement game operation.

(1) Amusement game operators must notify the local law enforcement agency in writing at least ten days before operating amusement games at any location. The chief officer of the local law enforcement agency may reduce this time limit. The notice must include, at least:

(a) The name and address of the operator; and

(b) The name and address of the person managing the games at the location; and

(2) Operators must have all amusement game equipment available for inspection by local law enforcement or us at least the two hours before operating.

(3) Operators may place individual amusement games at locations where amusement games already exist without renotifying local law enforcement.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-070, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-075 Reporting authorized amusement games.

Amusement game licensees must notify us within thirty days of putting into play and removing from play a group 12 amusement game. Reporting must be in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-13-075, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-22-049, § 230-13-075, filed 10/28/16, effective 11/28/16. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-075, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-080 Operating coin or token activated amusement games.

(1) Coin or token activated amusement games must have nonresetting coin-in meters, certified as accurate to within plus or minus one coin or token in one thousand plays, which stop play of the machine if the meter is removed or disconnected when operating at:

(a) Amusement parks; or

(b) Regional shopping malls; or

(d) Bowling alleys; or

(e) Miniature golf course facilities; or

(f) Skating facilities; or

(g) Family sports complexes.

(i) A "family sports complex" is a facility, at a permanent location, to which people go to play sports. A family sports complex must offer multiple sports activities, such as indoor soccer, outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling and the gross receipts must be primarily from these sports activities.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; or

(h) Amusement centers; or

(i) Restaurants; or

(j) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas.

(2) All coin or token activated amusement games must have a coin acceptor capable of taking money for one play and may have an additional acceptor to include paper money.

(3) Operators using amusement games that do not return change must have a change-making bill acceptor or the ability to get change in the immediate vicinity of such games. All amusement games using paper money acceptors must either:

(a) Return change; or

(b) Clearly disclose to players before play that change is not returned and disclose to them where at the location they may get change.

(4) The maximum number of group 12 amusement games a licensee may have in their licensed premises is limited to:

(a) Twenty games for charitable and nonprofit licensees; and

(b) Ten games for commercial licensees.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-09-045 (Order 719), § 230-13-080, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 9.46.070. WSR 09-15-067 (Order 650), § 230-13-080, filed 7/13/09, effective 8/13/09
WSR 08-11-036 (Order 625), § 230-13-080, filed 5/14/08, effective 7/1/08
WSR 07-21-116 (Order 617), § 230-13-080, filed 10/22/07, effective 1/1/08
WSR 07-15-064 (Order 612), § 230-13-080, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-085 Control and maintenance of amusement games.

Amusement game operators must:

(1) Closely monitor and control all games to ensure they are operated according to all provisions of Title 230 WAC and chapter 9.46 RCW; and

(2) Protect players from fraud and game manipulation; and

(3) Maintain all games or machines in proper condition to ensure they comply with their authorized amusement game group.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-085, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-090 Adult supervision of unattended amusement games.

(1) Operators must provide adult supervision at all locations where school-aged minors are allowed to play amusement games during all hours of operation.

(a) "School aged minors" means anyone at least six, but not yet eighteen years old.

(b) An "unattended amusement game" means a game that does not require the player to interact with an attendant, for example, a coin activated game.

(2) An adult supervisor must ensure that school-age minors:

(a) Do not enter or play amusement games during school hours at regional shopping centers; and

(b) Do not enter or play amusement games during school hours at and after 10:00 p.m. on any day at any location mentioned in RCW 9.46.0331.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-090, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-100 Material degree of skill required in amusement games.

Amusement game operators must conduct games in which the outcome depends to a material degree on the skill of the player. We consider a "material degree of skill" to be present when both of these requirements are met:

(1) The player's physical or mental abilities play an important and integral role in determining the outcome of the game; and

(2) The success rate of the average player would improve with repeated play or practice.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-100, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-105 Attended amusement game requirements.

(1) Attendants of amusement games must, at least:

(a) Collect payment from the player(s); and

(b) Give equipment or components to the player(s) to participate in the game; and

(2) Attendants must not:

(a) Materially assist players; or

(b) Participate in the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-105, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-110 Charitable or nonprofit amusement game operation and management.

(1) Charitable and nonprofit organizations must closely supervise all persons operating their gambling activities according to all provisions of Title 230 WAC and chapter 9.46 RCW.

(2) Only full and regular members of charitable or nonprofit organizations may supervise or manage amusement games.

(3) Organizations may use nonmembers for positions that are not of a supervisory or management nature if the nonmembers are:

(a) Employees of the organization, hired on a regular or part-time basis, and employed primarily for purposes other than to conduct the activities; or

(b) Volunteers under the supervision of a member and not directly or indirectly compensated for their work.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-110, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-115 "Limited location" license requirements.

Amusement game licensees operating under a "limited location" license must assign each game a number and keep a list of all games and their booth numbers available in the operator's on-site office.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-115, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-120 Posting amusement game rules.

(1) Amusement game operators must fully inform players of game rules. They must prominently post a sign made of permanent material printed in lettering at least one and one-half inches in height that includes, at least:

(a) Fees charged for play; and

(b) Rules of play; and

(d) Any variation in the size or weight of objects used in the game which is not readily visible to the player; and

(e) Name of the operator; and

(f) Booth number, if applicable; and

(g) Amusement game group number.

(2) For coin or token activated games, if all aspects of the activity are within four feet of the player, operators may use lettering smaller than one and one-half inches in height as long as they prominently post the sign and make it legible to players. The operator must ensure that the manufacturer either:

(a) Preprints the sign and information on the machine; or

(b) Attaches it to the machine.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-120, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-125 Factors affecting skill readily visible for amusement games.

If there are physical limitations which affect the degree of skill needed to win a prize, the amusement game operator must make these factors readily visible to the player. For example, if a target, basket, or hoop used in the amusement game has a limiting feature, such as shape or size, the operator must prominently post a duplicate of the target, basket, or hoop which shows the limitation.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-125, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-130 Display and exchange of amusement game prizes.

(1) Amusement game operators must prominently display a sample of each type of prize available.

(2) Operators must only award prizes that are posted. However, after a player has won two or more prizes, operators may offer that player the opportunity to exchange those prizes for one or more other prizes, but only if that prize was on display during the play of the game.

(3) Operators must not allow winners to forfeit previously won prize(s) in exchange for another play.

(4) Operators may give winners tickets, coupons, tokens, or tokens stored on an electronic token card, which winners may combine with other tickets, coupons, tokens, or tokens on electronic token cards won and redeem for a merchandise prize.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-09-045 (Order 719), § 230-13-130, filed 4/15/16, effective 7/15/16. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-130, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-135 Maximum wagers and prize limitations.

(1) The maximum wager is three dollars and fifty cents and the maximum cost for a prize is five hundred dollars if school-aged minors are allowed to play amusement games at the following locations:

(a) Regional shopping centers; and

(b) Movie theaters; and

(d) Miniature golf course facilities; and

(e) Skating facilities; and

(f) Family sports complexes.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; and

(g) Amusement centers; and

(h) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas; and

(i) Any business whose primary activity is to provide food service for on premises consumption.

(2) For group 12 amusement games, the maximum wager is five dollars and the maximum cost for a prize is one thousand dollars.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-08-033 (Order 718), § 230-13-135, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070, 9.46.0331, and 9.46.0201. WSR 11-04-004 (Order 674), § 230-13-135, filed 1/20/11, effective 2/20/11. Statutory Authority: RCW 9.46.070. WSR 09-15-067 (Order 650), § 230-13-135, filed 7/13/09, effective 8/13/09
WSR 08-11-036 (Order 625), § 230-13-135, filed 5/14/08, effective 7/1/08
WSR 07-15-064 (Order 612), § 230-13-135, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-145 Marking the difference between objects thrown in multiple amusement games on the same premises.

Amusement game operators must not operate more than one game of a similar type on the same premises using similar objects of a different size or weight unless the difference in each game's objects is readily apparent.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-145, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-150 Amusement game locations.

(1) Amusement game operators must obtain written permission to operate at any location from the person or organization owning the premises or sponsoring the event where the operator will hold the activity.

(2) Operators may only conduct commercial amusement games at:

(a) Locations set out in RCW 9.46.0331; and

(b) Family sports complexes.

(ii) A family sports complex does not include a facility owned or operated by a school or school district; and

(d) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas.

(3) Operators must conduct amusement games in conformance with local zoning, fire, health, and similar regulations.

History

Statutory Authority: RCW 9.46.070. WSR 09-15-067 (Order 650), § 230-13-150, filed 7/13/09, effective 8/13/09
WSR 08-11-036 (Order 625), § 230-13-150, filed 5/14/08, effective 7/1/08
WSR 07-15-064 (Order 612), § 230-13-150, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-152 Applying for an approved location to operate amusement games.

(1) Operators must apply, pay a fee, and receive a license for each location they will operate approved amusement games.

(2) Operators must notify us in the format we require within thirty days of removing all amusement games from an approved location.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-13-152, filed 2/9/18, effective 7/1/18.

Wash. Admin. Code § 230-13-155 Contracts for commercial amusement games.

(1) Operators must ensure that all contracts are written and specific in terms, setting out the term of the contract, amount of rent or consideration, rent due dates, and all expenses each party must pay.

(2) All contracts become part of the operator's license file. If commercial amusement game operators violate any terms of a contract, it may be grounds for suspension or revocation of their license.

(3) Operators may enter into contracts with business owners of any of the following approved locations to operate amusement games on their premises:

(a) Amusement parks; or

(b) Regional shopping centers; or

(c) Any location that possesses a valid license from the Washington state liquor control board and prohibits minors on their premises; or

(d) Movie theaters; or

(e) Bowling alleys; or

(f) Miniature golf course facilities; or

(g) Skating facilities; or

(h) Amusement centers; or

(i) Department or grocery stores having more than ten thousand square feet of retail and support space, not including the parking areas; or

(j) Charitable or nonprofit organizations; or

(k) Any commercial business that provides food service for on premises consumption as its primary activity.

(4) Operators must only place amusement games at a location after a license has been issued under WAC 230-13-152.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-13-155, filed 2/9/18, effective 7/1/18
WSR 07-15-064 (Order 612), § 230-13-155, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-160 Basing rent on a percentage of gross receipts.

Amusement game operators:

(1) May base the rent or consideration on a percentage of revenue the activity generates if the method of distribution is specific. This applies to the following locations:

(a) All commercial businesses; and

(b) Charitable and nonprofit organizations renting group 12 amusement games.

(2) May not base the rent or consideration paid to a charitable or nonprofit organization on a percentage of revenue the activity generates unless the amount returned to the organization is equal to or exceeds twenty-two percent of the gross gambling receipts.

(3) Operators must pay the organization at least once a month.

(4) If located at regional shopping centers, may use a percentage of receipts to pay rental leases. They are also exempt from the profits restrictions of RCW 9.46.120(2).

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-13-160, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-08-033 (Order 718), § 230-13-160, filed 3/30/16, effective 4/30/16. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-160, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-165 Charitable or nonprofit organizations renting amusement game equipment.

Charitable or nonprofit organizations may rent or otherwise obtain amusement game equipment as long as the amount paid is:

(1) A reasonable price for the gambling equipment or for use of the gambling equipment; and

(2) A lump sum or hourly rate established in the competitive market; and

(3) Not based on a percentage of the gross receipts, income, or profit.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-165, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-170 Recordkeeping for commercial amusement games.

(1) Amusement game licensees must prepare a detailed record for each location where they operate games. They must retain the records for at least three years. The records must include details necessary to determine:

(a) Gross gambling receipts received from players from:

(i) Group 1 through 11 amusement games; and

(ii) Group 12 amusement games; and

(b) Value of prizes awarded to winners.

(2) Records must include, at least:

(a) The gross gambling receipts collected from amusement games at each location, with receipting records; and

(b) An entry for each withdrawal of receipts from the games. Coin or token activated amusement games only require an entry of the ending meter reading, the number of plays, and gross gambling receipts at the end of each month; and

(c) A summary of the operation of the activity. This includes, at least, coin-in meter readings and gross gambling receipts. Operators must provide these coin-in meter readings and gross gambling receipts to charitable or nonprofit organizations each time they service a game or disburse money.

(3) Licensees must report at least monthly the number and actual cost of merchandise prizes awarded for each location.

(4) For amusement games that issue tickets for the redemption of prizes, licensees must at least log the beginning and ending nonresettable ticket out meters or ticket numbers during each collection of funds from each game.

(5) Licensees must provide the full details for all amusement game operating expenses.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-22-049, § 230-13-170, filed 10/28/16, effective 11/28/16. Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-170, filed 7/16/07, effective 1/1/08.

Wash. Admin. Code § 230-13-175 Recordkeeping for unlicensed charitable and nonprofit amusement games.

(1) Unlicensed charitable or nonprofit organizations must keep records according to WAC 230-07-125 which will allow us to:

(a) Determine the amount of gross gambling receipts received from amusement games; and

(b) Identify individuals responsible for receiving and controlling them.

(2) Records must include, at least, the full names, addresses, and phone numbers of employees and members involved in the activity.

History

Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-175, filed 7/16/07, effective 1/1/08.

Chapter 230-14 Punch board and pull-tab rules.

Wash. Admin. Code § 230-14-001 Defining "licensee," "licensees," "operator," and "operators."

(1) In this chapter, "licensee" and "licensees" mean the business holding the punch board and pull-tab license.

(2) "Operator" and "operators" mean licensees and those operating the gambling activity for the licensees, for example, those selling pull-tabs to players or putting out games for play.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-001, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-005 Defining "punch board."

A "punch board" means:

(1) A board with a number of openings of uniform size in which the manufacturer placed, at random, slips of paper or other substances (punches) imprinted with numbers or symbols; and

(2) A flare (face sheet) covers the openings and sets out the winning numbers or symbols and which prizes players may win. The punches have specific serial numbers assigned and printed on them; and

(3) After buying a punch, a player may select and remove the punch from the opening of the punch board, and, if the number on the selected punch matches the flare, the specified prize is awarded to the player.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-005, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-010 Defining "pull-tab."

A "pull-tab" means:

(1) A single folded tab that conceals number(s) or symbol(s) from view; or

(2) A banded tab that conceals number(s) or symbol(s) from view; or

(3) A card with the face covered by perforated window(s) or otherwise hidden to conceal number(s) or symbol(s) from view.

(4) Some of the number(s) in each series of pull-tabs have been selected in advance and at random as prize winners.

(5) After buying a pull-tab, a player opens the pull-tab and, if the numbers or symbols on the pull-tab match the flare, the player wins the prize.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-010, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-015 Rules apply to both punch boards and pull-tabs.

Commission rules that apply to operators of both punch boards and pull-tabs also apply to operators of only one of these activities.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-015, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-020 Washington state identification and inspection stamps to be called "I.D. stamps."

Because the agents, manufacturers, and other licensees have long referred to Washington state identification and inspection stamps as "I.D. stamps," we will use this abbreviated name for the stamps throughout the rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-020, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-025 Punch boards, pull-tabs, and pull-tab dispensers must meet all requirements.

Operators must not display or put out for play any punch board, pull-tab series, or pull-tab dispenser that does not comply with chapter 9.46 RCW and Title 230 WAC.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-025, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-030 Determining winners or location of winners in advance prohibited.

Manufacturers, distributors, operators, and representatives must not possess, display, sell, or otherwise furnish a pull-tab series when they know, or reasonably should have known, that:

(1) The location, or approximate location, of any of the winning pull-tabs can be determined in advance of opening by:

(a) Any pattern in the manufacture, assembly, or packaging of the tabs; or

(b) Any markings on the tabs or container; or

(2) The winning tabs have not been distributed and mixed among all other tabs in the series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-030, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-035 Defining "pull-tab series."

A "pull-tab series" means all the pull-tabs in a group produced by a manufacturer that offer a single set of prizes specified on the manufacturer's accompanying flare.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-035, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-040 Maximum number of pull-tabs in a series.

The maximum number of pull-tabs must be no more than:

(1) Twenty-five thousand in a series; or

(2) Ten thousand in a carry-over jackpot series; or

(3) Fifty thousand in progressive jackpot series.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-14-040, filed 10/22/07, effective 1/1/08
WSR 07-17-058 (Order 614), § 230-14-040, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-045 Authorized pull-tab dispensers.

(1) Authorized pull-tab dispensers must:

(a) Be made by a licensed manufacturer; and

(b) Conspicuously display a stamp, seal, or label identifying the manufacturer, city, and state where manufactured; and

(2) Perforated window type pull-tab dispensers must:

(a) Have a resettable counter visible to the customer indicating the number of pull-tabs left in the dispenser; or

(b) Be made so that players can:

(i) Clearly see each pull-tab in the dispenser, except for that area at the bottom, not more than one inch in height, covered for security or mechanical reasons; and

(ii) Estimate how many pull-tabs remain within the dispenser using permanent markings which divide the pull-tabs remaining into divisions of approximately twenty-five tabs.

(3) "Jar" or "banded" type pull-tab dispensers must:

(a) Have a resettable counter visible to the player indicating the number of jar or banded tabs left in the dispenser; or

(b) Be made so that players can clearly see all jar or banded tabs or jar tab bundles within the dispenser.

(4) Dispensers with bill acceptors or similar mechanisms must inform the player if they do not return change.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-045, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-047 Standards for electronic video pull-tab dispensers.

Electronic video pull-tab dispensers must be approved by us prior to use.

(1) Electronic video pull-tab dispensers must dispense a paper pull-tab as defined in WAC 230-14-010 and follow the rules for:

(a) Pull-tabs; and

(b) Flares; and

(2) Electronic video pull-tab dispensers that use a reading and displaying function must:

(a) Use a video monitor for entertainment purposes only; and

(b) Open all, or a portion of, the pull-tab in order to read encoded data that indicates the win or loss of the pull-tab if the dispenser is equipped to automatically open pull-tabs; and

(d) Read the correct cash award from the pull-tab either when it is dispensed or when the pull-tab is reinserted into the dispenser; and

(e) Display the cash award from the pull-tab, one pull-tab at a time; and

(f) Provide:

(i) An electronic accounting of the number of pull-tabs dispensed; and

(ii) A way to identify the software version and name; and

(iii) A way to access and verify approved components; and

(iv) Security on the dispenser to prevent unauthorized access to graphic and prize amount displays.

(3) Cash cards used in electronic video pull-tab dispensers must:

(a) Be purchased with cash, check, gift certificates, or electronic point-of-sale bank transfer before use in the dispenser; and

(b) Be convertible to cash at any time during business hours; and

(4) Electronic video pull-tab dispensers that accept cash cards may award any pull-tab cash prize of twenty dollars or less onto the cash card.

History

Statutory Authority: RCW 9.46.070. Recodified by WSR 14-23-048 (Order 709), § 230-14-047, filed 11/14/14, effective 12/15/14. Statutory Authority: RCW 9.46.070 and 9.46.110. WSR 14-09-040 (Order 698), § 230-14-047, filed 4/11/14, effective 5/12/14. Statutory Authority: RCW 9.46.070. WSR 08-03-052 (Order 621), § 230-14-047, filed 1/11/08, effective 2/11/08.

Wash. Admin. Code § 230-14-050 Operating restrictions for punch boards and pull-tabs.

(1) Punch board and pull-tab operators must ensure no unauthorized person buys, plays, or sells punch boards or pull-tab series; and

(2) Licensees must:

(a) Not display or operate any punch board or pull-tab series which may have been marked, defaced, or tampered with in any way that could affect the chances of winning; and

(b) Not change a flare, except to:

(i) Delete prizes won; or

(ii) Correct inadvertently deleted prizes; or

(iii) Add a substitute flare; and

(c) Keep all records, reports, and receipts relating to punch boards or pull-tab series in play on the licensed premises as long as they are in play. They must make all records, reports, and receipts available on demand to law enforcement officers and us; and

(d) Not place out for further play any punch board or pull-tab series that they have permanently removed from play.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-050, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-055 Selling pull-tabs.

(1) No one may add pull-tabs to a series after the manufacturer has shipped that series.

(2) Pull-tab operators must:

(a) Thoroughly mix all pull-tabs in a series before placing them in a dispenser or clear container and offering them for sale. Operators may assemble pull-tabs into bundles with a sales price of up to twenty dollars as long as they thoroughly mix the bundles before they sell them; and

(b) Sell all pull-tabs from a dispenser we approved or a clear container. Pull-tabs sold from a container must be visible to players so players are able to estimate the number of chances remaining in the series; and

(c) Put out the entire pull-tab series for play. If using a spindle series, licensees may set the spindle on a nearby surface, for example, on the counter; and

(d) Not put a new pull-tab series in a dispenser or a clear container until they completely play out or permanently remove from play the series currently in the dispenser or container. If using a multiple-series dispenser, operators must offer each series independently.

(3) Once put out for play, operators must not remove pull-tabs from the dispenser or container until they are:

(a) Sold; or

(b) Permanently removed from play; or

(d) Temporarily removed during necessary repair or maintenance; or

(e) Removed to be held permanently for a player.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-055, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-060 Defining "flare."

A "flare" (also known as a "face sheet" for punch boards) means an advertising poster or card listing all the prizes, costs to play, number of pull-tabs, and required manufacturer information for pull-tab series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-060, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-065 Flares for punch board or pull-tab series.

(1) Punch board and pull-tab licensees must have in public view only one flare per punch board or pull-tab series. Flares must have an I.D. stamp number and series number on their face.

(2) Cumulative prize pool pull-tab games must have a cumulative prize pool board and a unique flare for each series.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-065, filed 8/14/09, effective 1/1/10
WSR 07-17-058 (Order 614), § 230-14-065, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-070 Displaying flares.

(1) Punch board or pull-tab operators must place flares in plain view and in the vicinity of the pull-tab container or dispenser.

(2) If operators do not attach the flare directly to the container or dispenser, they must include a numerical or alphabetical reference directly on the flare and on the container or dispenser indicating which flare corresponds to which series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-070, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-075 Substitute flares.

Manufacturers must make all flares. Operators or distributors must not alter flares, except that substitute flares are allowed if:

(1) The manufacturer, distributor, or operator who changes the original flare and attaches the substitute flare is responsible for ensuring that the substitute flare meets all other requirements for flares; and

(2) Manufacturers, distributors, or operators must permanently deface the original manufacturer's flare and attach the substitute flare to the original.

(3) Distributors or operators may apply manufacturer-produced substitute flares to punch boards and pull-tab series; and

(4) Distributors or operators must place substitute flares only on the upper face or the top of the punch board; and

(5) If distributors or operators convert flares from cash-only prizes to combined merchandise and cash prizes, they must offer at least fifty percent of the total value of the prizes in merchandise; and

(6) Distributors or operators may use substitute flares on punch boards and pull-tab series which offer merchandise or combination merchandise-cash prizes. These flares must use numbers, not symbols, to denote winners. Distributors or operators making substitute flares must:

(a) Select winning numbers from the manufacturer's original flare, or from the manufacturer's designated winning numbers on the punch board; and

(b) Assign the highest valued prize(s) to the lowest available winning number(s); and

(c) Assign the second highest valued prize(s) to the next lowest available winning number(s) and repeat that pattern until they have assigned all prizes based on their value to winning numbers. Distributors may select winning numbers sequentially from the manufacturer's original flare; and

(7) Substitute flares must have the I.D. stamp number and series number permanently recorded in ink on its face.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-14-075, filed 10/22/07, effective 1/1/08
WSR 07-17-058 (Order 614), § 230-14-075, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-080 Prize limits and percentage of winners required.

Punch board or pull-tab operators must not possess, display, put out for play, sell, or otherwise transfer punch boards or pull-tab series that:

(1) Have a total payout of less than sixty percent of the total gross gambling receipts of the board or series, except in cumulative prize pool pull-tab games. In cumulative prize pool pull-tab games, the sixty percent prize payout requirement will be calculated based on the total amount of prizes from the cumulative prize pool board and the instant winners from each series, divided by the number of series contained in the game; and

(2) Offer boards or series, except for progressive series or carry-over jackpots, with a single cash prize that is more than five thousand dollars; or

(3) Offer a single merchandise prize that is more than five thousand dollars including markup; or

(4) Have a single pull-tab or punch with multiple winning combinations that are more than the prize limit; or

(5) Offer prizes for purchasing the last pull-tab or last punch (last sale) that are more than:

(a) One hundred dollars cash; or

(b) Merchandise that costs the licensee more than one hundred dollars; or

(6) Series that have a key to any winning numbers or symbols.

History

Statutory Authority: RCW 9.46.070. WSR 21-03-071, § 230-14-080, filed 1/19/21, effective 2/19/21
WSR 09-17-077 (Order 657), § 230-14-080, filed 8/14/09, effective 1/1/10
WSR 08-03-062 (Order 623), § 230-14-080, filed 1/14/08, effective 2/14/08
WSR 07-17-058 (Order 614), § 230-14-080, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-085 Calculating markup for merchandise prizes.

(1) To calculate sixty percent of total gross for merchandise prizes, operators take the amount actually paid for the prize and add to it no more than fifty percent of that cost as markup.

(2) Gift certificates from a licensee's own establishment may be used as merchandise prizes for pull-tab games but must not be included in the sixty percent payout calculation.

(3) The total cost to the operator for the purchase of a prize must not exceed five thousand dollars.

History

Statutory Authority: RCW 9.46.070. WSR 21-03-071, § 230-14-085, filed 1/19/21, effective 2/19/21
WSR 08-11-044 (Order 628), § 230-14-085, filed 5/14/08, effective 7/1/08
WSR 07-17-058 (Order 614), § 230-14-085, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-090 Controlling prizes.

Punch board and pull-tab operators must:

(1) Protect players from fraud and game manipulation.

(2) Award all prizes won.

(3) Only award cash or merchandise as prizes. A player who has won a cash prize may make a request to the person redeeming the winning pull-tab that the player be given additional pull-tabs instead of cash. An operator may agree to such a request.

(4) Not offer to pay cash instead of merchandise prizes.

(5) Not award additional punches or tabs as a prize. Prizes, however, may involve the opportunity to advance and win a larger prize on the same punch board or pull-tab series. Operators must award an immediate additional opportunity to advance called a bonus prize when offered in a bonus pull-tab series or a step-up prize when offered on a punch board.

(6) Immediately pay out a minimum of two thousand five hundred dollars for verified cash prizes won and pay the remaining balance within twenty-four hours by check. The winner may request that the operator pay up to the entire prize balance by check. Operators must then issue a check for the entire prize balance within twenty-four hours.

(7) Have funds available to pay out all cash prizes offered. A licensee's failure to pay out all cash prizes as required by this rule is prima facie evidence of defrauding the public and a violation of RCW 9.46.190.

History

Statutory Authority: RCW 9.46.070. WSR 21-03-071, § 230-14-090, filed 1/19/21, effective 2/19/21. Statutory Authority: RCW 9.46.070 and 9.46.0273. WSR 10-09-032 (Order 667), § 230-14-090, filed 4/14/10, effective 7/1/10. Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-090, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-095 Displaying prizes.

Punch board and pull-tab operators must:

(1) Clearly represent cash prizes on the prize flare; and

(2) Display merchandise prizes:

(a) In plain view and in the immediate vicinity of the punch board or pull-tab series. However, operators may wrap merchandise prizes for games that offer "surprise" prizes so players are unable to identify the prize until opened; or

(b) Elsewhere on the premises if size or space constraints do not allow it to be displayed in the immediate vicinity, as long as operators note a specific reference to the prize on the flare; or

(c) Use an accurate description or photograph of the prize in plain view on, or immediately adjacent to, the flare if operators cannot display the prize merchandise on the premises; and

(3) Meet all the requirements of subsections (1) and (2) of this section for combination cash and merchandise prizes.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-095, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-100 Removing prizes from flares.

(1) After receiving a winning punch or pull-tab for more than twenty dollars or merchandise with a retail value of more than twenty dollars, operators must immediately permanently and conspicuously delete all reference to the prize from the flare and from any other list, sign, or notice. Operators then must pay or deliver the prize to the winner.

(2) On step-up punch boards and bonus pull-tab games, once all chances to win in a section of the flare are won, operators must delete all references to prizes.

(3) Operators may correct an inadvertently deleted prize by noting on the flare that such prize is still available. When they actually award the prize, operators must permanently and conspicuously delete the reference.

(4) If operators elect to delete prizes of less than twenty dollars from flares, they must continue to do so until they remove the games from play.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-100, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-105 Paying prizes not deleted from flares.

When a player buys out a punch board or pull-tab series, operators must award the player all prizes not deleted from the flare that were required to be deleted, even if the operator failed to delete the prize from the flare when originally won.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-105, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-110 Recording winners.

When punch board or pull-tab players win more than fifty dollars or merchandise prizes with a retail value over fifty dollars, operators must make a record by:

(1) Having winners print their name and date of birth, in ink, on the side of the winning punch or tab opposite the winning symbol(s) and verifying the winner's identity and recording the current date and initialing the winning punch or tab; or

(2) Recording the required information on a sheet of paper at least three inches by five inches and stapling the winning tab or punch to the paper if the pull-tab or punch is constructed or printed so that recording the information required in a legible manner is not possible.

History

Statutory Authority: RCW 9.46.070, 9.46.110. WSR 14-08-002 (Order 695), § 230-14-110, filed 3/20/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-110, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-115 Defacing winning punches or pull-tabs.

Within twenty-four hours after a winning punch or pull-tab over twenty dollars is presented for payment, licensees must permanently deface the pull-tab or punch so that it cannot be presented again for payment.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-115, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-120 Permanently reserving punch boards or pull-tab series.

Operators may permanently reserve a series for a player who leaves the premises, but intends to return and play the game. The operator must:

(1) Prominently post house rules that are clear in meaning and with criteria for reserving a series and the length of time players may reserve a series; and

(2) Ensure that the player meets the criteria in the house rules; and

(3) Contain all of the reserved series in a secure manner, clearly identifying it as permanently reserved, and store it in the immediate vicinity of the pull-tab area; and

(4) Not reserve a board or series for a player without play for more than seven days and not be more than a total reserve time of fourteen days; and

(5) Not have more than twenty-five boards or series permanently reserved for players at one time; and

(6) Maintain adequate accounting records showing the status of all reserved boards or series; and

(7) Not place reserved boards or series out for public play after the reserving player finishes playing them.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-14-120, filed 1/14/08, effective 2/14/08
WSR 07-17-058 (Order 614), § 230-14-120, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-125 Temporarily removing punch boards or pull-tab series from play.

Operators may temporarily remove punch boards or pull-tab series from play and return them to play later. Operators must clearly identify the punch board or pull-tab series as reserved and prominently post house rules regarding hours of play or other conditions affecting play. Operators may temporarily remove punch boards or pull-tab series if they are:

(1) Reserving a board or series for a player, as long as the operator ensures that the player meets the criteria in the house rules; or

(2) Repairing or maintaining the pull-tab dispenser or container; or

(3) Reserving a punch board or pull-tab series for play during certain hours of operation, for example, a "happy hour" game; or

(4) Complying with the game removal requirements of WAC 230-14-050.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-125, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-130 Defining "happy hour punch board or pull-tab games."

(1) A "happy hour punch board or pull-tab game" means a series where licensees offer additional prizes to winners during a selected period.

(2) Licensees may increase advertised prizes or add cash or merchandise prizes to punch board or pull-tab series if licensees:

(a) Do not change the manufacturer's flare; and

(b) Disclose to players by permanently attaching an additional sign or notice to the manufacturer's flare:

(i) The requirements to qualify for prizes; and

(ii) The prizes offered; and

(d) Staple or otherwise permanently attach documentation about all additional prizes to the winning punch or pull-tab. Minimum documentation must include a description of the prize and the name of the winner.

(3) Charitable or nonprofit licensees must only offer one happy hour punch board or pull-tab series at any one time.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-130, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-135 Operating spindle, banded, or "jar" type pull-tabs which award only merchandise prizes.

(1) Pull-tab series which award only merchandise prizes valued at no more than twenty dollars may use formats with predesignated pull-tabs where:

(a) Some pull-tabs are free; or

(b) Players are reimbursed for the cost of the pull-tabs.

(2) Flares for spindle-type pull-tab series must indicate the total number of pull-tabs and the total number of pull-tabs designated as free or reimbursable.

(3) Free or reimbursable pull-tabs do not constitute prizes. Operators must not include as revenue money collected and later reimbursed when determining gross gambling receipts.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-135, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-140 Defining "seal card pull-tab series."

"Seal card pull-tab series" means a pull-tab series that includes a predetermined number of pull-tabs which allow players to advance to the "seal card round."

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-140, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-145 Defining "seal card round."

(1) "Seal card round" means a secondary element of chance game linked with the pull-tab series.

(2) Seals on the pull-tab flare conceal prizes for the secondary element of chance game.

(3) Winners who advance to the seal card round place their names on the list that matches the winning pull-tab number or symbol.

(4) Players win the prizes behind the seals when the seal card round ends and the operator opens all the seals.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-145, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-150 Awarding seal card pull-tab winners.

(1) Pull-tab operators using seal card pull-tabs series must:

(a) Award seal card round prizes for all seal card pull-tab series placed out for play; and

(b) Establish and fully disclose the method of selecting alternate winners before placing a game out for play.

(2) When players buy pull-tabs that allow them to enter the seal card round, the operator must:

(a) Enter, or allow the winners to enter, their names on the flare where indicated by the number or symbol on the pull-tab. Players must then turn in their pull-tabs to the operator; and

(b) Gather player contact information and keep it with the records of the series during the record retention period; and

(c) Wait until the series plays out before removing it from play, unless the operator elects to award the seal card round prizes without all pull-tabs being purchased.

(3) After the series is played out, or when they begin to award prizes, operators must:

(a) Contact the seal card round winner within two business days of the end of the series; and

(b) Allow the winner fourteen days after being contacted to redeem their prize; and

(c) Keep all series on premises and available for public inspection for a period of fourteen days after they pull them from play; and

(d) Keep the series until they name a winner for the game if they do not locate the seal card round winner within fourteen days.

(4) If seal card round winners do not redeem their prizes within fourteen days, licensees must select alternate winners.

(5) Licensees must not use substitute flares, bonus pull-tab series, or carry-over jackpots with seal card pull-tab series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-150, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-155 Definitions for "progressive jackpot pull-tab series."

(1) "Progressive jackpot pull-tab series" means a pull-tab series in which operators award a progressive jackpot prize to the player who presents the winning pull-tab.

(2) The "progressive jackpot" means the starting jackpot prize, the accrued jackpot prize for that specific series, plus any accrued jackpot prize carried over from previous series.

(3) "Starting jackpot prize" means the base or minimum amount of the progressive jackpot for each series before the operator adds any money based on the jackpot accrual rate.

(4) "Accrued jackpot prize" means the amount of all additions to the progressive jackpot before the progressive jackpot is won or the operator removes the series from play.

(5) "Jackpot accrual rate" means the rate at which a progressive jackpot increases for each pull-tab sold. The rate may be a percentage of gross gambling receipts or a dollar value based on the price of a single pull-tab.

(6) "Instant winners" means all prizes available from a progressive jackpot pull-tab series, except for the progressive jackpot.

(7) "Bank system" means a network of pull-tab dispensers offering progressive jackpot pull-tab series connected by a computer. The computer determines the total gross gambling receipts all the dispensers on the network receive and calculates the amount of the progressive jackpot on the networked dispensers.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-155, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-160 Progressive jackpot dispensers with a bank system.

(1) Operators may have more than one pull-tab dispenser for a series operating at one time.

(2) Operators may have more than one bank system operating at one time, but one bank system must not have more than ten pull-tab dispensers.

(3) In a bank system, progressive jackpot pull-tab dispensers must be:

(a) Located in close physical proximity on the business premises, so that players may observe all remaining pull-tabs in a series; and

(b) Linked to a computer system which records all sales and the accrual of the progressive jackpot.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-160, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-165 Additional operating requirements for progressive jackpot pull-tab series.

Operators must conduct progressive jackpot pull-tab series in the same way as other pull-tab series and must follow these requirements:

(1) An owner or licensed commercial or charitable or nonprofit gambling manager must be on the premises at all times when progressive jackpot pull-tab series are operated; and

(2) Only owners and licensed individuals may have access to progressive jackpot pull-tab series and they must store the series in secured locations; and

(3) Licensees must have sufficient funds available to pay all prizes on redemption of winning tabs. Failure to have sufficient funds available is prima facie evidence of defrauding the public; and

(4) The current progressive jackpot total must be clearly displayed near the bank of machines at all times during the sale of progressive pull-tabs; and

(5) Operators must prominently display one flare near the bank of machines; and

(6) Operators must not use:

(a) Substitute flares; or

(b) Merchandise prizes; or

(7) Operators must disclose the rules for playing out a series or carrying over accrued prizes.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-165, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-170 Prizes in progressive jackpot pull-tab series.

Manufacturers and operators must offer prizes for progressive jackpot pull-tab series that follow these requirements:

(1) Instant winners must be at least forty percent of total gross gambling receipts available from the series; and

(2) The starting jackpot must, at least, equal the value of the highest instant winner; and

(3) Operators must set the minimum jackpot accrual rate to generate an accrued jackpot prize of at least sixty percent of the total gross gambling receipts available from the series when added to the starting jackpot prize and instant winners; and

(4) The manufacturer must determine the starting jackpot prize and corresponding jackpot accrual rate needed to meet the sixty percent payout requirement. Manufacturers must include this information in the package with each series; and

(5) The maximum contribution to a progressive jackpot for each individual progressive pull-tab series must be five thousand dollars. The contribution amount excludes portions carried over from previous series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-170, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-175 Removing progressive jackpot pull-tab series from play.

Operators must not remove a progressive jackpot pull-tab series from play before the progressive jackpot is won. However, operators may remove a series from play if they:

(1) Remove the series before the beginning or at the end of any business day; and

(2) Carry over the accrued jackpot prize from the series and any previously carried over accrued jackpot prize to a new series within twenty-four hours; and

(3) Add the accrued jackpot prize to the starting jackpot amount for the new series when they place it out for play. The amount of the jackpot must not be decreased.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-175, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-180 Paying out prizes and defacing tabs in progressive jackpot pull-tab series.

Operators must pay out progressive jackpot pull-tab prizes in the same way required for all other pull-tabs and must follow these requirements:

(1) Operators must pay at least the starting jackpot portion of the progressive jackpot with a check. They must record the check number along with all the information required in WAC 230-14-065; and

(2) Operators must immediately deface all jackpot winning tabs when received instead of within twenty-four hours.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-180, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-185 Additional recordkeeping for progressive jackpot pull-tab series.

In addition to other pull-tab recordkeeping requirements, operators must:

(1) Record progressive jackpot series on a separate monthly record in the format we require; and

(2) Retain progressive jackpot winning tabs, winner information, and the flares for one year from the date they removed the series from play.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-185, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-190 Defining "event pull-tab series" and "event round."

Only charitable or nonprofit bingo operators may use event pull-tab series:

(1) "Event pull-tab series" means a pull-tab series that includes a predetermined number of pull-tabs which allow a player to advance to the event round.

(2) "Event round" means a game where the numbers drawn in a bingo game must match pull-tab numbers to determine winners. The winning numbers must be between numbers 1 through 75.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-190, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-195 Operating requirements for event pull-tabs.

When using event pull-tab series, charitable or nonprofit bingo operators must:

(1) Offer and complete event pull-tabs within one bingo session; and

(2) Disclose when the event round will take place before putting an event pull-tab series into play; and

(3) Offer event pull-tabs for sale until immediately before the event round unless the series sells out; and

(4) Have a licensed manager present at all times an event pull-tab series is in play, including sales of tabs and selection of winners; and

(5) Allow floor workers to sell event pull-tabs (for example, from aprons). Only event pull-tabs may be sold in this way; and

(6) Maintain accounting records in the format we require to track the event pull-tabs issued to each floor worker; and

(7) Meet all the requirements for carry-over jackpots if the event pull-tab series offer a carry-over jackpot; and

(8) Not use substitute flares or bonus pull-tab series with event pull-tab series.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-195, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-200 Defining "bonus pull-tab series."

"Bonus pull-tab series" means pull-tab series that include a predetermined number of pull-tabs that allow players the opportunity to advance to a bonus section to determine the prize.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-200, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-205 Operating requirements for bonus pull-tab series.

Operators of bonus pull-tab series must ensure that:

(1) In addition to all other information required for flares, each flare clearly states:

(a) The number of chances available to advance and win a larger prize; and

(b) The number of winning tabs at each prize level; and

(2) The series uses only guaranteed or minimum prizes in calculating the sixty percent payout required; and

(3) The series does not use:

(a) Substitute flares; or

(b) Merchandise prizes; or

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-205, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-210 Flares for bonus and step-up prizes.

Flares for punch boards or pull-tab series offering bonus or step-up prizes must clearly indicate how players may win bonus or step-up prizes, including the amount of the prizes. Bonus or step-up prizes must not be less than the prize for the initial winning punch or pull-tab.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-210, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-215 Defining "carry-over jackpot pull-tab series" and "contribution amount."

(1) "Carry-over jackpot" means a prize pool of added contributions from carry-over pull-tab series which pass (carry-over) to another carry-over pull-tab series if not won.

(2) "Contribution amount" means the amount from each series added to the carry-over jackpot.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-215, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-220 Prize limits for carry-over jackpot pull-tab series.

Operators may use pull-tab series which include carry-over jackpots. Operators must use the following calculations for prizes and prize payouts for carry-over jackpots:

(1) Guaranteed prizes must be sixty percent or more of gross gambling receipts available from the pull-tab series. "Guaranteed prizes" means all prizes available, excluding the contribution amount or carry-over jackpot; and

(2) The manufacturer determines the contribution amount and the method of play and discloses both on the flare; and

(3) The contribution amount for each series must not be more than five hundred dollars; and

(4) An accumulated carry-over jackpot must not be more than ten thousand dollars; and

(5) If the carry-over jackpot is awarded, the sum of the advance-level prize and the carry-over jackpot prize combined must not be more than ten thousand dollars; and

(6) If the operator carries over the jackpot to a new series, the total of the advance-level prize and the consolation prize must not be more than five hundred dollars.

History

Statutory Authority: RCW 9.46.070. WSR 21-03-071, § 230-14-220, filed 1/19/21, effective 2/19/21
WSR 07-21-116 (Order 617), § 230-14-220, filed 10/22/07, effective 1/1/08
WSR 07-17-058 (Order 614), § 230-14-220, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-225 Sufficient funds for carry-over jackpot pull-tab prizes.

We consider it prima facie evidence of defrauding players if the licensee:

(1) Fails to have sufficient funds available to pay a carry-over jackpot; or

(2) Attempts to use carry-over jackpots for any purpose other than paying winners.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-225, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-230 Transferring a carry-over jackpot to another game.

(1) If a licensee wants to remove a series from play and the carry-over jackpot has not been won, the operator must carry over the jackpot to a new series within one business day.

(2) Operators must maintain a separate record creating an audit trail for carry-over jackpots in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-230, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-235 Replacing played out carry-over jackpot series.

If no tabs remain to win the carry-over jackpot but tabs to win other prizes still remain, operators must remove the series from play and replace it with a new series within seven business days.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-235, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-240 Distributing carry-over pull-tab jackpots.

If businesses stop conducting gambling activities, they must:

(1) Transfer the carry-over jackpot to the new owners who bought the business and who have a gambling license. The new licensee must operate the carry-over jackpot game until they award the prize; or

(2) Award the carry-over jackpot to a player by playing out the game before closing; or

(3) Give the carry-over jackpot to the Evergreen council on problem gambling; or

(4) Give the carry-over jackpot to a charitable or nonprofit organization we license.

History

Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 16-03-068 (Order 717), § 230-14-240, filed 1/19/16, effective 2/19/16. Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-240, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-245 Retaining carry-over jackpot pull-tab series.

Operators offering carry-over jackpots must keep all pull-tab series that were used for a specific carry-over jackpot together.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-245, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-250 Recording carry-over jackpots on a cash basis.

(1) Operators must record carry-over jackpots on a cash basis. "Cash basis" means operators do not record carry-over jackpot contributions until the prize is awarded.

(2) However, punch board and pull-tab licensees who also hold a bingo license with gross gambling receipts over six hundred fifty thousand dollars in their previous license year may record carry-over jackpot contributions on their monthly records if they:

(a) Record contribution amounts, up to the jackpot maximum, as prizes paid on the monthly records; and

(b) When the jackpot is awarded, record only amounts not previously accrued as prizes paid; and

(d) Maintain a proper audit trail and adequate security over the funds if the licensee does not deposit the contributions with the net receipts.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-14-250, filed 2/9/18, effective 7/1/18
WSR 07-17-058 (Order 614), § 230-14-250, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-255 Net income and cash flow requirements when operating punch boards and pull-tabs.

Charitable or nonprofit punch board and pull-tab licensees must:

(1) When not licensed to operate bingo, ensure that they do not pay excessive expenses and that net income from punch boards and pull-tabs is more than zero when measured over the annual license period; or

(2) When licensed to operate bingo, meet the cash flow requirements.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-255, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-260 Inventory control.

(1) Punch board and pull-tab operators must control and account for each punch board and pull-tab series they obtain. Operators must:

(a) Enter the I.D. stamp numbers for the series on purchase invoices and monthly income summaries; and

(b) Attach the packing slip to the original invoice if the pull-tab series is packed in more than one container; and

(d) Record the date they place each series in play on a purchase invoice. Alternatively, operators may record the date they place each series in play on the game's flare.

(2) When operators receive punch boards or pull-tab series, they must ensure that the manufacturer or distributor recorded all required data by comparing the I.D. stamp number attached to each punch board and pull-tab series to the number recorded on the purchase invoice.

(3) Operators may use a separate computerized inventory record as long as they:

(a) Use an I.D. stamp or print a computer generated facsimile of the I.D. stamp number on the inventory record; and

(b) Record all other required information.

History

Statutory Authority: RCW 9.46.070. WSR 23-03-061, § 230-14-260, filed 1/11/23, effective 2/11/23
WSR 08-03-053 (Order 622), § 230-14-260, filed 1/11/08, effective 2/11/08
WSR 07-17-058 (Order 614), § 230-14-260, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-265 Retention requirements for punch boards and pull-tab series.

(1) Punch board and pull-tab operators must keep all punch boards or pull-tab series removed from play, including, at least:

(a) All prize flares; and

(b) All unplayed tabs; and

(2) Operators must make the items in subsection (1) of this section available on the licensed premises for us, local law enforcement, or local tax agencies to inspect.

(3) If stored off premises, operators must produce the game for inspection on demand.

(4) Operators must retain punch board or pull-tab series removed from play for:

(a) Charitable or nonprofit operators - Four months following the last day of the month in which the board or series was removed from play; and

(b) Commercial operators -

(i) Two months following the last day of the month in which they removed the board or series from play; and

(ii) Three months following the day they removed the board or series from play for winning punches or pull-tabs over fifty dollars. Operators must also retain the flare for these games; and

(c) Carry-over jackpot series - For four months after the last day of the month in which the carry-over jackpot was won; and

(d) Progressive pull-tab series - For one year. After the retention period, operators must destroy unsold progressive pull-tab series tabs in such a way that no one may find and use unopened winning tabs later; and

(e) Cumulative prize pool pull-tab games - for four months, following the last day of the month, in which the last seal is opened on the cumulative prize pull-tab game board.

History

Statutory Authority: RCW 9.46.070, 9.46.110. WSR 14-08-002 (Order 695), § 230-14-265, filed 3/20/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-265, filed 8/14/09, effective 1/1/10
WSR 07-17-058 (Order 614), § 230-14-265, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-266 Location of unplayed punch boards and pull-tab series.

(1) Punch board and pull-tab operators must retain unplayed punch board and pull-tab series:

(a) On the licensed premises; or

(b) Off premises, if the operator provides them to us when requested.

(2) Operators must make these items available on the licensed premises to those persons listed in RCW 9.46.130 and to local taxing authorities to inspect.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-14-266, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-14-270 Additional retention requirements for some commercial stimulant licensees.

(1) Punch board and pull-tab licensees who fail to comply with all recordkeeping requirements or who misstate gross gambling receipts by more than one percent during any calendar quarter will receive a letter from us requiring them to comply with additional record retention limits.

(2) Licensees receiving the letter must retain all punch boards and pull-tab series for at least four months following the last day of the month during which they were removed from play. Specially authorized games like carry-over jackpots and progressive pull-tab series may require longer retention periods.

(3) After one year, licensees may petition us to remove the increased retention requirement. The petition must include documentation of the steps taken to correct recordkeeping errors or misstatements.

(4) To compute gross gambling receipts to determine compliance with recording accuracy requirements, see WAC 230-14-255.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-270, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-275 Returning punch boards and pull-tab series to the distributor or manufacturer.

(1) If punch board and pull-tab operators return a punch board or pull-tab series for any reason, they must write the date, the invoice or credit memo number, and "returned" on the original purchase invoice or inventory record.

(2) Operators must record each punch board or pull-tab series returned on their monthly record and keep a copy of the quality control report for the retention period required by WAC 230-14-240.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-275, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-280 Unrecorded or inaccurate gross gambling receipts.

For licensees that have not recorded all of their punch board/pull-tabs gross gambling receipts or reported inaccurately, we will use the following calculations to determine their gross gambling receipts:

(1) For unrecorded punch boards and pull-tab series -

| | Unadjusted gross gambling receipts | | --- | --- | | + | | | | Unrecorded punch boards or pull-tab series | | | Adjusted gross gambling receipts |

To account for any unrecorded punch boards and pull-tab series, licensees add the unrecorded punch board or pull-tab series to the unadjusted gross gambling receipts. To get the total of unrecorded punch boards or pull-tab series, licensees multiply the total number of chances available by the price of a single chance to determine the maximum amount that could be generated from the punch board or pull-tab series.

(a) The unadjusted gross gambling receipts is the amount reported for the period.

(b) The unrecorded punch board or pull-tab series is the total number of chances or games played multiplied by the price per game.

(c) Adjusted gross gambling receipts is the amount the licensee must record for the month in which they purchased the punch board or pull-tab series.

(2) For recording errors -

| | Unadjusted gross gambling receipts | | --- | --- | | +/– | | | | Adjustment factor | | | Adjusted gross gambling receipts for the quarter and the three quarters preceding |

To adjust gross gambling receipts for the results of our records review, licensees divide the amount we determined for a randomly selected sample of punch boards or pull-tab series by the recorded amount for them.

(a) The unadjusted gross gambling receipts is the amount reported for the period.

(b) The adjustment factor is the amount of a randomly selected sample of punch board or pull-tab series divided by the amount the licensee recorded.

(c) We will apply the adjusted gross gambling receipts to the total recorded gross gambling receipts for the calendar quarter from which we took the sample and to the three quarters immediately before.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-14-280, filed 2/9/18, effective 7/1/18
WSR 07-17-058 (Order 614), § 230-14-280, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-285 Monthly income summary.

(1) Punch board and pull-tab licensees must prepare a detailed monthly income summary for punch board and pull-tab series removed from play in the format we require either manually or electronically.

(2) Licensees may store punch board and pull-tab monthly records electronically if they:

(a) Retain all original input control documents supporting the electronic record; and

(b) Generate a monthly paper income summary that organizes the electronic record into the format we require.

(i) Does not hinder our review of records; and

(ii) Is available for review no later than thirty days following the end of the month; and

(iii) Is available within three days of a request by us, local law enforcement, or local tax agencies.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-285, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-290 Calculating cash over and cash short on the punch board and pull-tab monthly income summary.

(1) When preparing their monthly income summary, operators must determine cash over or cash short by:

(a) Subtracting actual cash from net gambling receipts for punch boards and pull-tabs which award cash prizes; and

(b) Subtracting actual cash from gross gambling receipts for punch boards and pull-tabs which award merchandise prizes.

(2) When operators sell more than one series of pull-tabs from a single dispenser and the dispenser has meters to record the number of tabs dispensed from each series, operators may compute the actual cash using the meter readings. If operators use this method, they must:

(a) Play out all series in each dispenser at least once each calendar quarter; and

(b) Reconcile the total cash removed from the dispenser to the total tabs sold from that dispenser to calculate the combined cash over or cash short for all series played from each dispenser during the period. "Reconcile" means the operator must compare the two balances, resolve any differences, and document the comparison and the differences in writing.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-290, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-295 Electronic facsimiles of I.D. stamps.

Punch board and pull-tab licensees may use a printer interfaced with a computer to create an electronic facsimile of the I.D. stamps, as long as licensees:

(1) Input the I.D. stamp number into the computer; and

(2) Print records on white paper. Facsimiles of the I.D. stamp must be at least one-quarter inch in height with a "quiet zone" of at least one-quarter inch on each side of the bar code; and

(3) Code "interleaved two of five" (USS-ITF-2/5) bar code facsimiles. This is a high-density numeric-only barcode type used in the Automatic Identification and Data Capture industry. It is also called American National Standards Institute/Association for Automatic Identification and Mobility (ANSI/AIM) ITF 2/5. The bar code must have a readability rate of at least ninety-nine percent with a maximum of three passes with our bar code reading equipment. An example is below:

| | | --- |

(4) Licensees are responsible for the accuracy of printouts and that bar codes are electronically readable.

History

Statutory Authority: RCW 9.46.070. WSR 07-17-058 (Order 614), § 230-14-295, filed 8/10/07, effective 1/1/08.

Wash. Admin. Code § 230-14-320 Defining a cumulative prize pool pull-tab game.

"Cumulative prize pool pull-tab game" means a pull-tab game that contains two or more series. Each series in the game has a unique serial number.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-320, filed 8/14/09, effective 1/1/10.

Wash. Admin. Code § 230-14-325 Defining a cumulative prize pool pull-tab game board.

"Cumulative prize pool pull-tab game board" means the flare for a cumulative prize pool pull-tab game.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-325, filed 8/14/09, effective 1/1/10.

Wash. Admin. Code § 230-14-330 Defining a cumulative prize pool pull-tab series.

"Cumulative prize pool pull-tab series" means individually packaged groups of pull-tabs that make up a cumulative prize pool pull-tab game.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-330, filed 8/14/09, effective 1/1/10.

Wash. Admin. Code § 230-14-335 Operating requirements for cumulative prize pool pull-tab games.

(1) Operators must conduct cumulative prize pool pull-tab games in the same way as other pull-tab series and must follow these additional requirements:

(a) Cumulative prize pool pull-tab game boards must be displayed until the game is permanently pulled from play.

(b) Once a seal card winner from each series is revealed, the seal card winner will pick one unopened seal from the cumulative prize pool pull-tab game board.

(c) If a player buys out a series, their name will be placed on all remaining empty lines on the list displayed on the series flare.

(d) Must not use substitute flares.

(2) Operators may have more than one series in play at the same time, but may not commingle pull-tab series.

(3) Operators must prominently post house rules of how the winner of a series will be chosen if the operator removes a series from play before the list on the series flare is completed. For example, once the seal is open and a player's name is not on that line, house rules could indicate that the name above the winning line would be declared the winner of the series.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-14-335, filed 8/14/09, effective 1/1/10.

Chapter 230-15 Card game rules.

Wash. Admin. Code § 230-15-001 "Public card room" defined.

"Public card room" means that area of the business being commercially stimulated set aside for the playing of card games.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-001, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-005 Requirements for public card games.

At any time public card game licensees are conducting card games, they must have:

(1) The food and/or drink business being commercially stimulated open to the public; and

(2) A licensed card room employee on duty and in the public card room area if operating the following card games:

(a) Class F; or

(b) House-banked; or

(c) Commercial nonhouse-banked card games of poker or other nonhouse-banked card games specifically approved by the director or the director's designee and a fee is collected to play.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-005, filed 2/9/18, effective 7/1/18
WSR 07-09-033 (Order 608), § 230-15-005, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-010 "Social card games" defined.

For the purposes of this chapter, "social card games" means those card games authorized by RCW 9.46.0282. "Card games" and "social card games" mean the same thing in this chapter.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-010, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-015 "Charitable and nonprofit social card room" and "guest" defined.

"Charitable or nonprofit social card room" means the area of a charitable or nonprofit organization's premises set aside for the playing of social card games by full and regular members and their guests.

"Guests" means persons who are not members of a bona fide charitable or nonprofit organization, but who are allowed to use the facilities of the organization to play card games when accompanied by a regular member of the organization sponsoring the guest. Charitable and nonprofit organizations must not charge guests a fee to play that exceeds the maximum fee set by the commission.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-015, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-020 Approving area of premises for card games.

Card game licensees must only operate card games in the specific area of the premises we approve.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-020, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-025 Hours of play.

(1) Licensees may allow the use of their premises for card playing twenty-four hours a day with written approval from us.

(2) After we have received a written request, we will consult with the local law enforcement agency with jurisdiction over the licensee's business and with other state agencies involved in regulation of the business.

(3) After you have received written approval to operate twenty-four hours a day you may change your hours of operation without further approval from us. Class F and house-banked card rooms must include their hours of operation in their internal controls.

(4) You must also meet the following requirements:

(a) Open the food and/or drink business being stimulated to the public for business any time licensees are conducting card games; and

(b) Comply with any other terms and conditions we require.

(5) We may deny the request for extended hours or revoke hours already approved if:

(a) The local law enforcement agency or a state agency objects; or

(b) We determine that the licensee has violated any provisions of chapter 9.46 RCW, any other commission rule, or any of the terms of our approval.

(6) Licensees must submit all objections to revocations of operating hours in writing.

(7) If requested, we allow the licensee an opportunity for a brief adjudicative proceeding (BAP) before denying or revoking the licensee's authorization for extended card game hours. An administrative law judge hears the BAP, under the provisions of Title 230 WAC and chapter 34.05 RCW.

History

Statutory Authority: RCW 9.46.070, 9.46.0201. WSR 16-18-029, § 230-15-025, filed 8/26/16, effective 9/26/16. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-025, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 08-09-056 (Order 624), § 230-15-025, filed 4/14/08, effective 7/1/08
WSR 07-09-033 (Order 608), § 230-15-025, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-030 Authorized nonhouse-banked card games.

(1) The following nonhouse-banked card games are authorized:

(a) Poker;

(b) Hearts;

(d) Cribbage;

(e) Rummy;

(f) Panguingue (Pan);

(g) Pitch; and

(h) Bid Whist.

(2) Card room licensees must operate these games in the manner explained in the most current version of The New Complete Hoyle, Revised or Hoyle's Modern Encyclopedia of Card Games, or similar authoritative book on card games we have approved, or when operated as described in the commission approved game rules on our website. Card room licensees may make immaterial modifications to the games.

(3) Authorization of a nonhouse-banked card game other than those listed in subsection (1) of this section requires approval from the director or director's designee. In order for a nonhouse-banked card game to be authorized, it must:

(a) Be played with standard playing cards. Authorized card games may:

(i) Use more than one deck of cards; and

(ii) Remove cards to comply with rules of a specific game.

(b) Not allow side bets between players; and

(i) Compete solely as a player in the card game; and

(ii) Compete against all other players on an equal basis; and

(iii) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager.

(d) Require the player's win or loss to be determined during the course of play of a single deal of cards.

(4) Approved game rules under subsection (3) of this section will be posted on the commission's website. Licensee's must operate these games as described in the commission approved game rules on our website.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-030, filed 5/14/21, effective 6/14/21. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-17-053 (Order 702), § 230-15-030, filed 8/15/14, effective 9/15/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-030, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-035 Authorizing new games or changing game rules.

All new card games and changes to existing card games must be approved by the director or director's designee prior to implementation at a card room licensee. The director or the director's designee authorizes each new card game or changes to existing card games on an individual basis. A list of all authorized games and the rules of play are available on the commission website.

(1) Licensees approved to market, sell, rent, or otherwise supply card games to card room licensees must submit, in the format we require, requests for:

(a) Authorizing new card games; and

(b) Changes to existing card games in writing.

(2) The director or the director's designee will notify the licensee in writing if the request is approved or denied. The notification for denial will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.

(3) Card room licensees must operate only the card games the director or the director's designee has specifically authorized.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-035, filed 5/14/21, effective 6/14/21
WSR 08-21-086 (Order 632), § 230-15-035, filed 10/14/08, effective 1/1/09
WSR 07-21-116 (Order 617), § 230-15-035, filed 10/22/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-035, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-040 Requirements for authorized house-banked card games.

In order for a house-banked card game to be authorized, it must be approved by the director or the director's designee and must:

(1) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee.

Authorized house-banked card games may:

(a) Use more than one deck of cards; and

(b) Remove cards to comply with rules of a specific game; and

(2) Limit the number of wagering areas to nine or less.

(a) "Wagering area" means identified areas on the layout to place wagers;

(b) All wagering areas must be identical to each other; and

(3) Identify all separate games in the card game:

(a) "Separate game" means each individual objective to be achieved within a card game that requires a separate wager and results in a distinct and separate pay out based upon the outcome;

(b) Separate games may incorporate bonus features; and

(4) Describe player requirements. Players must:

(a) Compete solely as a player in the card game, except as authorized in the approved card game rules for variations of Pai Gow poker where a player may bank the game every other hand; and

(b) Receive their own hand of cards and be responsible for decisions regarding such hand, such as whether to fold, discard, draw additional cards, or raise the wager except for separate games that:

(i) Use cards shared by all players (i.e., community cards); or

(ii) Allow players to wager on the outcome of the dealer's hand; or

(iii) Allow players to win a prize if any players' hand, including the dealer's hand, achieves a predetermined outcome at the same table; and

(5) Identify bonus features to be allowed in each separate game:

(a) "Bonus feature" means an opportunity within a separate game whereby a player may win additional prizes. Bonus features must be operated as described below:

(i) A bonus feature is not considered a separate game; and

(ii) Players must not place wagers on bonus features. However, players may be required to place a minimum wager on a separate game to qualify for a bonus feature; and

(iii) Players may receive a prize if their hand or another player's hand at the same table achieves a predetermined specific hand. If a player is playing more than one wagering area and any one of their hands achieves the predetermined specific hand, their other hand with a qualifying wager is entitled to receive a prize also; and

(iv) A bonus feature cannot be a progressive jackpot; and

(6) Not allow side bets between players; and

(7) Use only authorized gambling equipment; and

(8) A player's win or loss must be determined during the course of a single deal of cards except for:

(a) A carryover pot game. A carryover pot is an optional pot that accumulates as a dealer and participating players contribute to the pot. The winner of the pot is not necessarily determined after one game and the pot can be carried over to more than one game. Carryover pots must not carryover more than ten games. Participants must include at least one player and the dealer competing for the highest qualifying winning hand. Game rules must state how the pot is distributed. If the carryover pot has not been won by the tenth game, the dealer will divide it equally between the remaining players still participating in the pot and the house or, if allowed by game rules, only the players still participating in the pot; and

(b) In the game of Mini-Baccarat, a player may make an optional wager on the player hand winning the next three consecutive games, or the banker hand winning the next three consecutive games.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-040, filed 5/14/21, effective 6/14/21. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-05-056 (Order 694), § 230-15-040, filed 2/14/14, effective 3/17/14
WSR 14-03-099 (Order 693), § 230-15-040, filed 1/17/14, effective 2/17/14
WSR 12-15-044 (Order 678), § 230-15-040, filed 7/13/12, effective 8/13/12
WSR 09-17-076 and 09-17-105 (Orders 656 and 656-A), § 230-15-040, filed 8/14/09 and 8/18/09, effective 9/14/09 and 9/18/09. Statutory Authority: RCW 9.46.070. WSR 08-21-086 (Order 632), § 230-15-040, filed 10/14/08, effective 1/1/09
WSR 07-09-033 (Order 608), § 230-15-040, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-045 Withdrawing card game authorization.

If the director or the director's designee withdraws authorization of a card game:

(1) The director or the director's designee will give licensees written notice and an opportunity to object to the decision. If a licensee files an objection in writing, an administrative law judge will review the decision.

(2) The director or the director's designee will provide written notice to impacted licensees after a final decision is made.

History

Statutory Authority: RCW 9.46.070. WSR 08-21-086 (Order 632), § 230-15-045, filed 10/14/08, effective 1/1/09
WSR 07-09-033 (Order 608), § 230-15-045, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-050 Minimum cash on hand requirements.

(1) Card game licensees must have sufficient cash on hand to redeem all chips issued for play. Licensees must exchange chips brought to the cashier's cage by players for cash. However, in the event a player requests a check instead of cash for player gambling winnings over $5,000, licensees must issue the player a check within 24 hours.

(2) Within three hours of opening for the business day, at a time included in the internal controls, house-banked card game licensees must have at least the following minimum amount of cash on premises in their cage, safe, and/or vault combined:

(a) Two thousand dollars for each house-banked table on the gambling floor; plus

(b) One percent times card room gross gambling receipts from the previous calendar year according to quarterly license reports submitted to the commission; however, a new house-banked card room who has not yet submitted a full calendar year of quarterly license reports must have at least $30,000 for the purpose of this subsection.

For example: If a house-banked card room has 15 house-banked tables and their gross receipts were $4,000,000 in their previous calendar year, they must have at least $70,000 cash on hand: 15 tables × $2,000 = $30,000 + 1% × $4,000,000 = $40,000.

(3) Licensees may pay specific prizes by check if sufficient funds are available on deposit and they meet the restrictions in the rules below:

(a) WAC 230-15-405 - Player-supported jackpot prizes.

(b) WAC 230-15-690 - Progressive jackpot prizes.

(d) WAC 230-15-190 - Odds-based and fixed-based prizes.

(4) Failure to keep funds to cash in chips, pay prizes, or redeem gambling related checks is prima facie evidence of fraud. Meeting the minimum cage cash amount does not relieve the licensee from the requirement to have sufficient funds available to redeem all chips and pay out all prizes.

History

Statutory Authority: RCW 9.46.070. WSR 25-03-062, s 230-15-050, filed 1/13/25, effective 2/13/25
WSR 22-01-182, § 230-15-050, filed 12/20/21, effective 1/20/22
WSR 09-03-024 (Order 640), § 230-15-050, filed 1/9/09, effective 2/9/09
WSR 07-23-081 (Order 620), § 230-15-050, filed 11/20/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-050, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-055 Limit on number of players at each table.

Card room licensees must only allow:

(1) Up to nine players at any table in house-banked card games.

(a) Only one player can place a wager in a wagering area.

(b) This section does not apply to Mini-Baccarat when the game is operated without any modification according to the nonpatented approved game rules posted on the agency's website.

(2) Up to ten players at any table in nonhouse-banked card games.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-055, filed 5/14/21, effective 6/14/21. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 15-15-065 (Order 714), § 230-15-055, filed 7/10/15, effective 8/9/15. Statutory Authority: RCW 9.46.070. WSR 08-23-079 (Order 637), § 230-15-055, filed 11/18/08, effective 1/1/09
WSR 07-09-033 (Order 608), § 230-15-055, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-060 Posting rules for play.

Card room licensees must:

(1) Prominently post:

(a) Wagering limits for each type of game, including all fees to play; and

(b) Jackpot prize amounts and any prize-related restrictions; and

(d) Policies on employees being allowed to play; and

(e) Procedures for resolving player disputes; and

(2) Prominently post any general rules, or a sign stating that these rules are available immediately on request. These rules must include, at least:

(a) Rules of play; and

(b) Internal controls related to the operation of card games; and

(3) Post at the gambling table any aggregate payout limits, procedures, or restrictions that differ from the general rules of play that have been posted.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-060, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-060, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-065 Enforcement of card game rules of play.

Card room licensees must conduct card games according to the approved rules of play. We enforce rules of play in the following order:

(1) First priority: Rules explained in Title 230 WAC; and

(2) Second priority: Proprietary and nonproprietary game rules explained on the commission website that we have approved; and

(3) Third priority: House rules card room licensees have developed and we have approved; and

(4) Fourth priority: Rules explained in the most current version of The New Complete Hoyle, Revised or Hoyle's Modern Encyclopedia of Card Games, or a similar authoritative book on card games which we have approved.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-065, filed 5/14/21, effective 6/14/21
WSR 07-10-034 (Order 611), § 230-15-065, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-070 Fee restrictions for nonhouse-banked card games.

(1) The licensee must collect the same fee from all players at a table. If the licensee allows free play, then all players at a table must be allowed to play for free. If card game licensees base their fees on a period of time, they may allow card room employees and owners to play without a fee;

(2) Card game licensees must not require players to pay for or purchase any other goods or services as a condition of playing cards; and

(3) Card game licensees may collect an admission fee when providing entertainment, as long as they charge all patrons the fee.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-070, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-075 Card game fees for nonhouse-banked card games.

Nonhouse-banked card game licensees must:

(1) Not charge, directly or indirectly, fees more than those fees in WAC 230-15-080. Nonprofit or charitable card game licensees may charge their usual membership fee to belong to the organization;

(2) Keep all fees collected separate from all other chips and cash until they are recorded in the daily card room records and then deposit the fees in the cashier's cage (if applicable). All chips and cash in the cashier's cage must be kept separate from all other moneys located on the licensed premises while card games are conducted; and

(3) Keep and record card game fees separately from all other fees and have the records available for audit by commission staff, local law enforcement, and taxing authorities.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-075, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-080 Authorized fees and authorized methods of collection.

Card game licensees must collect only one type of card game fee at a table at any given time. The following are authorized types of fees, the card game licensees who may use those fee types, and the methods of collection:

| Authorized types of fees | Licensees authorized to use the fee types | Authorized methods of collection | Maximum amount to collect | | | --- | --- | --- | --- | --- | | (1) | Period of time - | Nonhouse-banked card games, Class F, and house-banked | Direct collection; or Chip rack - Only allowed if licensed for three or fewer tables; or Drop box. | Not more than ten dollars per hour, per player. | | (a) | Licensees must collect the fee at least once per hour at times the licensee chooses, for example, at thirty minute increments; and | | | | | (b) | Licensees must record all fees immediately after collection; or | | | | | (2) | Per hand played - | Class F and house-banked | Drop box; or Chip rack - Only allowed if licensed for three or fewer tables. | Not more than one dollar per hand, per player. | | (a) | Players must place fees charged on a per-hand basis in a designated area of the table and dealers must collect them before dealing the first round of cards; and | | | | | (b) | After collecting the fees, dealers must deposit all chips or coins in either the drop box or chip rack; or | | | | | (3) | Rake - | Class F and house-banked | Drop box; or Chip rack - Only allowed if licensed for three or fewer tables. | Not more than ten percent of the total wagers for a hand. | | (a) | Dealers must collect fees charged on the amounts wagered during the play of the hand and place the fees in a designated area of the table; and | | | | | (b) | Once dealers accumulate the maximum fee for a hand, they must spread the chips or coins to allow players and the surveillance system to view the amount collected. After spreading the chips or coins, the dealer deposits them in either the drop box or chip rack. | | | |

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-080, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070 and 9.46.0201. WSR 16-23-153, § 230-15-080, filed 11/22/16, effective 12/23/16. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-080, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-085 Requirements for authorized methods of collecting fees.

(1) Direct collection - Card game licensees using the direct collection method must have a licensed card room employee other than the dealer collect fees directly from each player and deposit the fees in the bank area serving the card games.

(2) Drop box - Licensees must locate the drop box opening in a place that is isolated from the pot area and in plain view of all players and the surveillance system. Licensees must have:

(a) A licensed dealer; and

(b) A table with a designated area for each type of fee removed from the pot; and

(3) Chip rack - Licensees using the chip rack method must:

(a) Have a licensed dealer; and

(b) Use a game lay-out with a designated area for player fees; and

(c) Use a chip rack separated into sections for each type of fee collected (example: Time fee collected and fee to enter player-supported jackpot); and

(d) Ensure that dealers temporarily store and control fees in the chip rack until the floor supervisor collects the fees; and

(e) Ensure that the licensed card room employee responsible for that area of the card room removes all chips collected as fees from the dealers' chip racks at least every four hours; and

(f) Have licensed card room employees count chips and coins in the presence of players and immediately record the totals on the record in a format we require; and

(g) Have the dealer and floor supervisor who remove the chips and coin each initial the commission record verifying its accuracy.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-085, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-090 Requirements for drop boxes.

Drop box means a metal container attached to each gambling table into which the dealer must deposit all chips and cash collected during play and, if required, insert card game inventory control slips. Each drop box must have:

(1) A box lock - A lock that secures the contents; and

(2) A table lock - A separate lock securing the drop box to the gambling table. Card game licensees must key this lock differently from the lock securing the contents of the drop box; and

(3) An opening - An opening through which currency, coin, chips, forms, records, and documents can be inserted into the drop box; and

(4) A label - A permanent number clearly visible which corresponds to a permanent number on the gambling table to which the box is attached. The shift during which the box was used must also be included if drop boxes are removed from tables more than once during an operating day. Card game licensees may keep emergency drop boxes if the box has the word "emergency" permanently on it, and, when it is put into use, licensees temporarily mark it with the number of the gambling table.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-090, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-100 Providing cards and chips in card games.

(1) Card game licensees, except for nonhouse-banked card game licensees that do not charge a fee to play, must supply all chips and cards and not allow any other chips or cards to be used on their premises.

(2) Card game licensees must not charge additional fees to players for chips and cards except as allowed under WAC 230-15-110.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-100, filed 2/9/18, effective 7/1/18
WSR 07-09-033 (Order 608), § 230-15-100, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-110 Standards for chips.

(1) Chips must be of conventional size and design that maximize the integrity of the card games. Chips must be identifiable as belonging to the licensee and must:

(a) Include the house name or logo; and

(b) Denote the chip value; and

(d) Be purchased from a licensed manufacturer or distributor.

(2) Nonhouse-banked card game licensees that do not charge a fee to play are exempt from subsection (1) of this section.

(3) Card game licensees must:

(a) Safeguard all chips in their possession; and

(b) Not allow any other person to buy or sell chips for use in card games on their premises.

(4) Nonhouse-banked card game licensees that charge a fee to play and have five or fewer tables may use chips without a house name or logo if the chips are identifiable as belonging to the licensee and they prominently post values of the chips in the card room.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-110, filed 2/9/18, effective 7/1/18
WSR 07-09-033 (Order 608), § 230-15-110, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-111 Destruction and disposal of gambling chips.

(1) Licensees must record all gambling chips they destroyed on a chip destruction log in the format we require.

(2) If a card room closes, the licensee or former licensee must:

(a) Sell or otherwise transfer gambling equipment to a licensed manufacturer or distributor; or

(b) Destroy the chips according to their established procedures and provide the chip destruction log to us.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-111, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-15-111, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-15-115 Standards for cards.

(1) Card game licensees must:

(a) Supply cards of conventional size and design to maximize the integrity of the card games; and

(b) Safeguard all cards; and

(2) For Class F, house-banked, and nonhouse-banked card game licensees that play poker or other games approved by the director or the director's designee and collect a fee to play, the cards must:

(a) Be made by a licensed manufacturer; and

(b) Be purchased from a licensed manufacturer or distributor.

(3) Cards with the house name or logo must be used for house-banked card games.

(4) Preshuffled cards, as approved by the director or the director's designee, can be used for mini-baccarat and approved proprietary variations of mini-baccarat in accordance with approved internal controls.

History

Statutory Authority: RCW 9.46.070. WSR 18-11-058, § 230-15-115, filed 5/10/18, effective 7/1/18
WSR 18-05-029, § 230-15-115, filed 2/9/18, effective 7/1/18
WSR 09-11-087 (Order 648), § 230-15-115, filed 5/18/09, effective 7/1/09
WSR 07-09-033 (Order 608), § 230-15-115, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-116 Electronic facsimiles of cards allowed.

(1) Card game licensees may use electronic card facsimiles approved by the director or the director's designee in card games.

(2) Card room employees must operate the game.

History

Statutory Authority: RCW 9.46.070, 9.46.0282. WSR 13-07-040 (Order 685), § 230-15-116, filed 3/14/13, effective 4/14/13.

Wash. Admin. Code § 230-15-120 Fees for decks of cards.

(1) Card game licensees may charge a fee to a player asking for a new deck of cards.

(2) In addition, nonhouse-banked card game licensees who do not charge a fee to play may charge a fee for every deck supplied to a table.

(3) The fee must not be greater than the licensee's actual cost for the deck.

(4) At the time licensees introduce new decks, they must collect the fee in cash directly from the player requesting the deck or the players of the game.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-120, filed 2/9/18, effective 7/1/18
WSR 07-09-033 (Order 608), § 230-15-120, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-125 Cutting cards in player-dealt games.

In player-dealt games:

(1) After the shuffle, the dealer must offer the cards to a player for a cut. After this initial offer of a cut, the dealer may require any player who asks for a cut to pay a maximum of one dollar; and

(2) Dealers must:

(a) Not cut the cards more than twice during each hand or game; and

(b) Place all the fees for cutting the cards into the pot for that hand or game.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-125, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-126 Cutting cards in center dealer-dealt games.

In center dealer-dealt games:

(1) After the shuffle, the dealer may offer the cards to a player for a cut. After this initial offer of a cut, the dealer may require any player who asks for a cut to pay a maximum of one dollar; and

(2) Dealers must:

(a) Not cut the cards more than twice during each hand or game; and

(b) Place all the fees for cutting the cards into the pot for that hand or game.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-15-126, filed 10/22/07, effective 1/1/08
WSR 07-10-034 (Order 611), § 230-15-126, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-130 Rotating the deal in player-dealt games.

If card game licensees offer player-dealt games:

(1) The deal must pass from player to player; and

(2) A player may not deal another game until all of the players at the table have had their turn to deal. Players may voluntarily waive their right to deal any particular game.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-130, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-135 Wagering limits for nonhouse-banked card games.

Card room licensees must not exceed these wagering limits:

(1) Poker -

(a) There must be no more than five betting rounds in any one game; and

(b) There must be no more than four wagers in any betting round, for example, the initial wager plus three raises; and

(c) The maximum amount of a single wager must not exceed forty dollars; however, Class F and house-banked card game licensees may offer a single wager not to exceed three hundred dollars;

(2) Games based on achieving a specific number of points - Each point must not exceed five cents in value;

(3) Ante - No more than the maximum wager allowed for the first betting round for any game, except for Panguingue (Pan). The ante may, by house rule:

(a) Be made by one or more players, but the total ante may not exceed the maximum wager allowed for the first betting round; and

(b) Be used as part of a player's wager;

(4) Panguingue (Pan) - The maximum value of a chip must not exceed ten dollars. An ante must not exceed one chip. We prohibit doubling of conditions. Players going out may collect no more than two additional chips for going out from each participating player.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-15-135, filed 2/9/18, effective 7/1/18. Statutory Authority: RCW 9.46.070 and 9.46.0201. WSR 16-23-153, § 230-15-135, filed 11/22/16, effective 12/23/16
WSR 16-18-024, § 230-15-135, filed 8/26/16, effective 9/26/16. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 12-21-048 (Order 680), § 230-15-135, filed 10/12/12, effective 1/1/13
WSR 09-21-013 (Order 658), § 230-15-135, filed 10/9/09, effective 11/9/09. Statutory Authority: RCW 9.46.070. WSR 09-09-056 (Order 642), § 230-15-135, filed 4/10/09, effective 7/1/09
WSR 07-21-116 (Order 617), § 230-15-135, filed 10/22/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-135, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-140 Wagering limits for house-banked card games.

(1) A single wager must not exceed $400.

(2) A player may make a single wager for each decision before the dealer deals or reveals additional cards. Wagers must be placed on the table layout on an approved betting spot, except for:

(a) In Blackjack games, players may place an additional wager next to their original wager when doubling down or splitting pairs; or

(b) Tip wagers made on behalf of a dealer; or

History

Statutory Authority: RCW 9.46.070. WSR 23-18-019, § 230-15-140, filed 8/25/23, effective 9/25/23
WSR 21-11-057, § 230-15-140, filed 5/14/21, effective 6/14/21
WSR 08-20-025 (Order 631), § 230-15-140, filed 9/19/08, effective 1/1/09
WSR 07-09-033 (Order 608), § 230-15-140, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-141 Additional merchandise or cash prizes for card games.

Nonproprietary games.

(1) Card room licensees may add additional merchandise or cash prizes to nonproprietary games like Blackjack or Pai Gow. We consider these additional prizes a gambling promotion and they must meet all requirements of WAC 230-06-030.

Proprietary games.

(2) Card room licensees must not add additional merchandise or cash prizes to proprietary games without the approval of the company that owns the rights to the games. Any additional prizes approved by the company that owns the rights to the game will be considered a gambling promotion and they must meet all requirements of WAC 230-06-030.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-141, filed 5/14/21, effective 6/14/21
WSR 08-17-066 (Order 629), § 230-15-141, filed 8/18/08, effective 9/18/08
WSR 07-21-116 (Order 617), § 230-15-141, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-15-145 Making wagers with chips or coin.

Players in card games must make all wagers and pay fees to play card games with chips, except that:

(1) Players may use half dollars or quarters in house-banked card games; and in nonhouse-banked card games to pay fees.

(2) Players may use dimes and nickels in any game that allows a commission to be charged.

History

Statutory Authority: RCW 9.46.070. WSR 09-15-069 (Order 652), § 230-15-145, filed 7/13/09, effective 1/1/10
WSR 08-23-061 (Order 632), § 230-15-145, filed 11/14/08, effective 1/1/09
WSR 07-09-033 (Order 608), § 230-15-145, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-150 Selling 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-150, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-150, filed 5/19/23, effective 6/19/23
WSR 07-10-034 (Order 611), § 230-15-150, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-151 Accepting checks in exchange for chips at nonhouse-banked card games.

Nonhouse-banked card game licensees may accept checks for the purchase of chips if the checks meet the requirements of WAC 230-06-005. Licensees must:

(1) Deposit any check retained after the close of business no later than the second banking day after the close of business. Checks deposited to an armored car service no later than the second banking day after the close of business meet this requirement; and

(2) Count each transaction for the purchase of chips as a separate transaction. Licensees must not allow a player's check to be altered after it is exchanged for chips.

History

Statutory Authority: RCW 9.46.070. WSR 23-11-108, § 230-15-151, filed 5/19/23, effective 6/19/23.

Wash. Admin. Code § 230-15-155 NSF checks.

(1) Card game licensees may use a guarantee service to preapprove checks. The bank may send the original nonsufficient funds (NSF) check to the guarantee service.

(2) If card game licensees do not use a guarantee service or choose not to use their guarantee service to preapprove a particular check, licensees must:

(a) Keep records of all NSF checks in the format we require and make the records available to the cashier; and

(b) Prohibit persons who submitted NSF checks from submitting additional checks until the person pays the amount owed in full; and

(3) Card game licensees may immediately redeposit a check that was NSF if they have sufficient reason to believe the check will be honored the second time.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-155, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-158 Ensuring card room employees meet license requirements.

Card game licensees must not allow any person to perform the duties of card room employee until they have met our licensing requirements.

History

Statutory Authority: RCW 9.46.070. WSR 09-11-088 (Order 649), § 230-15-158, filed 5/18/09, effective 7/1/09.

Wash. Admin. Code § 230-15-160 Providing dealers.

(1) "Dealer" means a licensed card room employee who conducts card games, deals cards, collects or pays off players' bets, or collects fees. Card game licensees:

(a) May provide a dealer in any card game; and

(b) Must have a dealer for all house-banked card games, card games operated with a player-supported jackpot, or card games authorized to charge per-hand fees or take a rake.

(2) Dealers must not play in the games while dealing and must have no financial interest in the outcome of the games, except that we allow tip wagers.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-160, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-165 Defining "floor supervisor."

"Floor supervisor" means a licensed card room employee who oversees a limited number of card games within a designated area and directly supervises the dealers assigned to those games. The floor supervisor reports to the shift manager.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-165, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-170 Photos of card room employees required.

Card game licensees must have photographs of their licensed card room employees with the employees' licenses, available for inspection on the premises. The photo must be of a passport type not less than 2" x 3" and clearly show a full facial view of the employee.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-170, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-180 Playing for or assisting others prohibited.

No person may:

(1) Allow a representative to sit in on a card game on their behalf for any purpose; or

(2) Act as a representative on anyone's behalf; or

(3) Allow anyone to assist any player in the game in a manner which gives that player an advantage over other players.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-180, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-185 Preventing cheating in card games.

(1) Card game licensees must take necessary steps to prevent cheating and ensure that games are played fairly.

(2) If card game licensees find someone cheating, they must:

(a) Contact the local law enforcement agency immediately in urgent situations; and

(b) Report it to us within three business days.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-185, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-186 Paying out odds-based and fixed-based prizes.

(1) House-banked card room licensees must immediately pay out all individual odds-based and fixed-based prizes of $5,000 or less.

(2) For individual odds-based and fixed-based prizes over $5,000, licensees must immediately pay out a minimum of $5,000 and pay the remaining balance within 24 hours by check. The player may request that the licensee pay up to the entire prize balance by check. Licensees must then issue a check for the entire prize balance within 24 hours.

History

Statutory Authority: RCW 9.46.070. WSR 25-03-062, s 230-15-186, filed 1/13/25, effective 2/13/25.

Wash. Admin. Code § 230-15-187 Keeping funds to pay fixed-based prizes.

House-banked card room licensees must maintain at least the amount of the single largest fixed-based prize offered in a bank, mutual savings bank, or credit union location in Washington. Alternatively, licensees may maintain the amount of the single largest fixed-based prize in cash on the licensed premises.

History

Statutory Authority: RCW 9.46.070. WSR 25-03-062, s 230-15-187, filed 1/13/25, effective 2/13/25.

Wash. Admin. Code § 230-15-190 Preparing card game records.

(1) Card game licensees must prepare all records in the format we require. Licensees must record the data in ink, on storage media, or in other permanent form.

(2) Licensees must print, or back up in a permanent form, all the data kept in computer databases monthly.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-190, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-195 Keeping and making daily records available.

Card game licensees must:

(1) Keep the daily records of card room operations for at least three years;

(2) Have the past six months of daily card game records on the premises of the card room and available for inspection; and

(3) Make records older than six months available within forty-eight hours if we, local law enforcement, or taxing authorities request the records.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-195, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-210 Entry fees and buy-ins for card tournaments.

(1) Card game licensees must:

(a) Not charge more than one hundred dollars per player for an entry fee; and

(b) Collect all entry fees before the start of play.

(2) The entry fee must include all the separate fees for various phases and events of the tournament, for food and drink, and for promotional material.

(3) Card game licensees may award prizes in excess of entry fees collected.

(4) Card game licensees may require a minimum buy-in of chips. The buy-in may be a single or multiple buy-in, but the total per player may not exceed four hundred dollars per tournament.

(5) Card game licensees must:

(a) Keep a record of the buy-ins for each player in the format we require; and

(b) Return all buy-ins to the players in cash or merchandise prizes.

(6) We do not consider buy-ins gross gambling receipts.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-210, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-215 Getting card tournaments approved.

(1) Card game licensees must notify us ten days before any card tournament where the single or multiple buy-in(s) are more than fifty dollars. Card game licensees must submit rules for these tournaments for approval in advance.

(2) If a tournament is identical to a previously approved tournament under subsection (1) of this section, no further approval is needed. Notify us ten days in advance of the tournament.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-215, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-220 Restricting length of card tournaments.

Card game licensees must not conduct a tournament for longer than thirty consecutive calendar days.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-220, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-225 Tournament rules and prizes.

(1) Before players pay their fees, card game licensees must prominently post on the premises and keep posted until the tournament is complete:

(a) All rules, prizes, and conditions of the tournament; and

(b) The tournament fee; and

(d) A description of all of the goods and services they will provide as a part of the tournament.

(2) Licensees must initially provide all tournament entrants with the same number of chips or points and the same opportunity for rebuys.

(3) If there are more players than spots available in the tournament, card game licensees may conduct a drawing to determine which players participate. If there is a fee to enter the tournament, card game licensees must collect it after the drawing has occurred.

(4) After the tournament has begun, card game licensees must not conduct a drawing to decide who will fill an extra seat.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-225, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-230 Offering discounted tournament fees as customer appreciation.

Card game licensees may offer discounted fees to card tournaments to specific groups of players (such as Ladies' Night) as customer appreciation.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-230, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-235 Exclusive tournament entry as customer appreciation.

Card game licensees may offer exclusive tournament entry to specific groups as customer appreciation. Card game licensees must include all requirements or restrictions in their tournament rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-235, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-240 Value of tournament chips.

Card game licensees must use chips that have no monetary value and can only be redeemed for prizes posted by the licensee.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-240, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-245 Reporting entry fees as gambling receipts.

(1) Card game licensees must report all entry fees as gross gambling receipts.

(2) If card game licensees prepare and provide food and drink as a part of the entry fee, they may treat the fair market value of the food and drink as commercial stimulant sales and not include it as gross gambling receipts.

(3) The fair market value of the food and drink must not exceed twenty-five dollars per player or fifty percent of the entry fee, whichever is more. Card game licensees must support these amounts with records.

(4) When determining adjusted net gambling receipts from the entry fees, card game licensees may deduct:

(a) Cost of promotional items; and

(b) Cost of merchandise prizes awarded; and

(d) Cash prizes awarded, excluding buy-ins.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-245, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-250 Recordkeeping for card tournaments.

(1) Card game licensees must keep tournament records in the format we require.

(2) On the card tournament summary for the first day of a tournament, card game licensees must include the total gross gambling receipts (total tournament entry fees) and attach it to the summary of participants, entry fees, and buy-ins.

(3) Class F licensees must attach the tournament records to the daily card game records for the date they awarded the majority of the prizes in the tournament.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-250, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-250, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-255 Posting rules for unlicensed card and dice games.

Charitable and nonprofit organizations licensed to provide liquor to their members must post house rules for unlicensed social card and dice games. At a minimum, the house rules must include:

(1) General rules of play;

(2) Hours of play;

(3) Portions of the premises to be used for the games; and

(4) The restriction that only their full and regular members may play in the games.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-255, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-260 Allowing guests to play social card games.

If a charitable or nonprofit organization has a social card game license, the organization may permit guests accompanied by full and regular members to play, as long as the guests comprise twenty-five percent or fewer of the persons playing at any one time.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-260, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-265 Closed circuit television system surveillance requirements.

Class F and house-banked card game licensees must install and maintain a closed circuit television (CCTV) system. Licensees must use either analog or digital recording equipment. Licensees must record video signals from all required cameras if they are performing any of the following:

(1) Operating gambling tables; or

(2) Storing drop boxes or chip trays on the gambling tables; or

(3) Transporting drop boxes; or

(4) Counting drop box contents.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-265, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-267 Remote access of closed circuit television surveillance systems.

Licensed gambling service suppliers that install and maintain closed circuit television (CCTV) surveillance systems may remotely access digital CCTV systems for maintenance or repair under the following provisions:

(1) The card room licensee must notify us before the remote access occurs; and

(2) The card room licensee must document any remote access in their surveillance log; and

(3) Remote access will only be enabled for the duration of the maintenance or repair and the connection terminated immediately after.

History

Statutory Authority: RCW 9.46.070. WSR 09-15-071 (Order 651), § 230-15-267, filed 7/13/09, effective 1/1/10.

Wash. Admin. Code § 230-15-270 Surveillance when operating both Class F and house-banked card games.

If licensees are conducting both Class F and house-banked card games, they must meet the surveillance requirements for house-banked card games.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-270, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-275 Surveillance requirements for Class F card games.

(1) Class F licensees must use a closed circuit television system (CCTV) to record critical activities when:

(a) Operating player-supported jackpots; or

(b) Assessing fees on amounts wagered (rake method).

(2) Class F licensees must have a CCTV that views:

(a) All gambling at each table including, at least, the:

(i) Cards; and

(ii) Wagers; and

(iii) Chip tray; and

(iv) Drop box openings; and

(v) Table number; and

(vi) Players; and

(vii) Dealers; and

(b) When the count is being conducted, at least, the:

(i) Count table; and

(ii) Floor; and

(iii) Drop boxes; and

(iv) Drop box storage shelves/cabinets.

History

Statutory Authority: RCW 9.46.070. WSR 07-10-034 (Order 611), § 230-15-275, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-280 Surveillance 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

(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

(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

(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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-280, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-280, filed 5/19/23, effective 6/19/23
WSR 07-09-033 (Order 608), § 230-15-280, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-285 Camera and monitor requirements for closed circuit television systems.

(1) Class F and house-banked licensees' closed circuit television system must consist of light sensitive cameras capable of permitting the viewer to determine card and chip values. Each video camera must be capable of having the images displayed on a video monitor and recorded.

(2) Class F and house-banked licensees must install, at least:

(a) Cameras in a manner that will prevent them from being obstructed, tampered with, or disabled; and

(b) Pan, tilt, zoom (PTZ) cameras behind a smoked dome, one-way mirror, or similar materials that conceal the camera from view; and

(d) In nonhouse-banked games, an additional fixed camera must focus over the dealer area, covering the chip rack, all drop box openings, and the community card area; and

(e) A sufficient number of fixed cameras and/or PTZ cameras to monitor players and dealers at each gambling table. The PTZ cameras must be:

(i) Permanently programmed; and

(ii) Capable of viewing each patron and dealer at each gambling position at least once every five minutes; and

(f) A sufficient number of fixed cameras and/or PTZ cameras in the count area or count room; and

(g) Fixed cameras and/or PTZ cameras in any other location deemed necessary.

(3) In addition, house-banked card game licensees must:

(a) Install a sufficient number of video monitors in their CCTV system to simultaneously view multiple gambling tables, the cashier's cage, and count room activities;

(b) Install a sufficient number of fixed cameras and/or PTZ cameras in the cage(s); and

(c) Install a sufficient number of PTZ cameras having the ability to determine the card and chip values for winning hands.

History

Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 08-22-068 (Order 635), § 230-15-285, filed 11/4/08, effective 1/1/09. Statutory Authority: RCW 9.46.070. WSR 07-10-034 (Order 611), § 230-15-285, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-290 Analog video recording equipment requirements.

Class F and house-banked card game licensees using analog video recording equipment with video cassette recorders, including audio recording where required, must:

(1) Record images at a rate of at least twenty frames per second on standard VHS format; and

(2) Reflect accurately the time and date of the video recording. Licensees using multiple time and date generators must synchronize them to the same time and date.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-290, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-295 Digital video recording equipment requirements.

Digital recording, including audio recording where required, using a digital recording and storage system, must:

(1) Record all images on a hard drive; and

(2) Lock so that access to the erase and reformat functions and system data files is restricted to persons authorized in the internal controls; and

(3) Provide uninterrupted recording of surveillance, during playback or copying. Licensees may use motion-activated recording; and

(4) Be capable of copying original images maintaining the original native format; and

(5) Be stored at a rate of not less than twenty-five images per second; and

(6) Record images at a minimum resolution of 320 x 240 and display during playback at a minimum resolution of 640 x 480 or meet subsection (11)(d) of this section; and

(7) Store images in a format that is readable by our computer equipment; and

(8) Store images in a format that we can verify and authenticate; and

(9) Include the accurate time and date the video was originally recorded on the recorded images; and

(10) Be equipped with an uninterruptible power source to allow a proper system shutdown; and

(11) Meet the additional requirements in this subsection if you open a new Class F or house-banked card room using digital video recording equipment or install new digital video recording equipment in your existing Class F or house-banked card room. However, if you buy an existing card room, you will not be required to meet these requirements until you install new digital video recording equipment.

(a) Each user must have a sign in with a unique ID and password that is not shared with other users; and

(b) Have an audio or visual indication of a malfunction; and

(c) Digital video recording equipment must track at least the following functions, which are available to us and a person designated by the licensee to oversee the equipment (system administrator) by a menu button on the digital video recording system:

(i) Date and time users log in and out; and

(ii) Date and time when video signals from gaming cameras are interrupted and when connection is restored; and

(iii) Date, time, and user when video is recorded to removable storage media along with the date, time, and camera being copied; and

(iv) Date and time when the equipment fails to record video or audio when required; and

(v) Date and time when remote access to equipment begins and ends along with the ability to identify the person or organization accessing the equipment and the files accessed during the remote access.

(d) Record and playback images with sufficient magnification and clarity that shows fluid motion and allows the viewer to clearly distinguish the value of currency, coins, gaming chips, playing cards, and outcome of the game and effectively monitor in detail all required areas.

History

Statutory Authority: RCW 9.46.070, 9.46.0282. WSR 14-21-080 (Order 708), § 230-15-295, filed 10/13/14, effective 1/1/15. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-295, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-300 Using multiplex and quad recording devices in required surveillance.

(1) Licensees must not use multiplexing and quad recording devices for required surveillance, except that they may use:

(a) Multiplexing or quad recording devices on entrances and exits to the card room; and

(b) Quad recording devices to record the movement of drop boxes between tables and the count room.

(2) "Multiplex recording" means combining multiple video inputs into a single signal by cycling through the separate video inputs with the view rotating among different cameras in a predetermined order, recording each video input consecutively in the cycle. Multiplex recording does not provide continuous recording of each video input because the amount of time lapse in the cycle depends on the number of video inputs.

(3) "Quad recording" means four separate video inputs that record continuously and combine into a single signal displayed on one monitor with a view of each video input.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-15-300, filed 10/22/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-300, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-305 Reporting illegal or suspicious activities.

(1) Class F and house-banked card game licensees must report to us within three business days any illegal or suspicious activities within the portion of their business premises required to be under surveillance.

(2) Licensees must:

(a) Make a copy of the entire recorded sequence of the activity; and

(b) Give the original recording to us or other law enforcement when requested; and

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-305, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-310 Resolving disputes using video recordings.

(1) If the video recording of a disputed incident is not clear, we will resolve the dispute in favor of the player unless the Class F or house-banked card game licensee can prove to us that the actions taken were warranted.

(2) Licensees may request a review by commission staff if the licensee feels circumstances warrant, for example, cheating has occurred.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-310, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-319 Retaining video recordings.

(1) Class F and house-banked card game licensees must label video recordings and audio recordings, as required, to identify the activities recorded.

(2) Licensees must keep:

(a) All recordings for seven gambling days, for example, Monday's gambling day recording may be recorded over on Tuesday of the following week; and

(b) Recordings documenting jackpot pay outs for at least thirty days:

(i) For player supported jackpots, retain recordings of jackpots of five hundred dollars or more; and

(ii) For house-banked games, retain recordings of jackpots of three thousand dollars or more; and

(3) We may increase these retention requirements by notifying licensees.

History

Statutory Authority: RCW 9.46.070. WSR 07-07-056 (Order 607), § 230-15-319, filed 3/14/07, effective 1/1/08.

Wash. Admin. Code § 230-15-320 Surveillance room requirements for house-banked card game licensees.

House-banked card game licensees must maintain one or more surveillance rooms. They must:

(1) Control access to the surveillance room so that only surveillance department employees use the room. Owners or their approved supervisory or management personnel may also enter the surveillance room to monitor activities. Licensees may allow authorized personnel to escort any other person into the surveillance room for educational, investigative, or maintenance purposes; and

(2) Ensure that surveillance room entrances are not easily observed from the gambling floor; and

(3) Ensure that a surveillance employee is present in the room and monitoring activities using the equipment any time the card room is conducting gambling and during the count process. However, subject to subsection (4) of this section, licensees may operate the surveillance room without staff:

(a) For routine breaks that are less than thirty minutes per shift; or

(b) When only nonhouse-banked card games are operated with wager limits of forty dollars or less and such limits are documented in their internal controls.

(4) Ensure that any time a winning wager, a jackpot, or bonus pay out greater than three thousand dollars is won, they use pan-tilt-zoom (PTZ) cameras to verify:

(a) Winning hands; and

(b) Amounts of the wager; and

(d) Players who won the prize.

History

Statutory Authority: RCW 9.46.070. WSR 09-11-093 (Order 645), § 230-15-320, filed 5/18/09, effective 7/1/09
WSR 08-23-080 (Order 638), § 230-15-320, filed 11/18/08, effective 1/1/09
WSR 07-10-034 (Order 611), § 230-15-320, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-325 Surveillance room sign-in log.

House-banked licensees and Class F licensees, if they operate a surveillance room, must keep a surveillance room sign-in log in the format we require to document anyone entering or leaving the surveillance room. Licensees must make the surveillance sign-in log available to us or to law enforcement personnel when requested.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-325, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-330 Keeping a surveillance activities log.

Class F and house-banked card game licensees must keep a log of all surveillance activities in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-330, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-335 Internal controls.

Class F licensees must establish internal controls that ensure gambling activities are closely controlled and operated fairly.

(1) The internal controls must require, at a minimum:

(a) Trained personnel; and

(b) Segregation of duties for all employees involved in the operation.

(2) Licensees must inform their card room employees of the internal controls related to the employees' respective areas of responsibility.

(3) Licensees and all card room employees must follow the internal controls at all times.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-335, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-335, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-340 Minimum number of licensed employees required.

(1) Class F 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 licensed card room employees in the card room at all times player-supported jackpots are in play or licensees are using the rake type of fee collection. One of the employees must be a floor supervisor.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-340, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-345 Numbering tables.

Class F licensees must permanently number each table.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-345, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-350 Transporting drop boxes.

For Class F licensees using drop boxes, the supervisor or the supervisor's designee must transport drop boxes directly to the count area.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-350, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-353 Using match play coupons in nonhouse-banked card games.

Match play coupons may be offered as gambling promotions in nonhouse-banked card games offered by Class F and house-banked licensees with the following restrictions:

(1) The coupons have no value and cannot be redeemed for cash.

(2) Match play coupons may be used as part of a player's wager. The dealer will exchange the match play coupon for the required amount of chips once the match play coupon is used as part of a player's wager and placed into the pot. Upon redemption, the coupon is no longer valid, it cannot be reused, and must be retained as part of the daily card game records.

(3) Restrictions on the use of coupons must be disclosed on the coupon.

(4) Expiration dates must be included on the coupon.

(5) Match play coupon promotions must be given to all players eligible for the promotion and may be awarded based on the outcome of a card game or tournament.

History

Statutory Authority: RCW 9.46.070. WSR 17-04-010, § 230-15-353, filed 1/19/17, effective 2/19/17.

Wash. Admin. Code § 230-15-355 Counting procedures for fees.

(1) We do not require Class F licensees using the drop box method to collect fees to have a separate count room if they have a secure location to count and they meet all other commission requirements for surveillance and counting procedures in WAC 230-15-275. Class F licensees must:

(a) Conduct the count at a specific time that licensees have reported to us; and

(b) Count all fees at least once every twenty-four hours; and

(c) Have at least two card room employees count and record the amount on the card game control slip for each drop box; and

(d) Make an entry in the daily card room record for each type of fee collected at each table. Licensees must retain card game control slips for each table with the daily records.

(2) If Class F licensees using the drop box method do not have a secure location to conduct the count, they must meet the count room requirements of WAC 230-15-605.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-355, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-355, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-360 Defining "player-supported jackpot."

"Player-supported jackpot" (PSJ) means a separate contest of chance directly related to the play or outcome of an authorized nonhouse-banked card game.

(1) Only Class F or house-banked licensees may establish a prize fund to operate a PSJ for nonhouse-banked card games.

(2) In PSJs, licensees:

(a) Collect funds from the players' wagers (the pot) for a separate prize; and

(b) Act only as the custodian of the PSJ funds, including any interest earned on this money; and

(d) Must strictly account for all funds.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-360, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-365 Getting approval for player-supported jackpots.

(1) Class F or house-banked licensees must not operate a player-supported jackpot (PSJ) before we approve it in writing.

(2) To get a PSJ approved, licensees must make a written request, including, at least:

(a) A detailed description of the card game associated with the PSJ; and

(b) All rules of play; and

(d) The name of the prize fund custodian.

(3) Licensees must get our written approval before making any changes to the PSJ.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-365, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-370 Naming a prize fund custodian for a player-supported jackpot.

(1) Class F or house-banked licensees must name at least one prize fund custodian who is responsible and accountable for safeguarding player-supported jackpot funds, and for disbursing funds to winners.

(2) A prize fund custodian may be an owner, partner, officer, or licensed individual named by the licensee.

(3) The custodian must have signature authority for prize fund bank accounts.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-370, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-375 Posting rules for a player-supported jackpot.

Class F or house-banked licensees must prominently post a sign stating:

(1) How they will distribute player supported jackpot (PSJ) money if they discontinue the PSJ or stop operating the card game; and

(2) Conditions under which prizes may be won; and

(3) Prize amount; and

(4) Cost to participate; and

(5) Administrative fees; and

(6) Any other conditions which may affect the outcome of the game.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-375, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-380 Seeding a player-supported jackpot.

Class F or house-banked licensees may:

(1) Seed a PSJ and replenish the PSJ when depleted by issuing a check or making an electronic bank transfer from the licensee's business account; and

(2) Recover seed money by having the custodian issue a check or make an electronic bank transfer from the PSJ account to the licensee's business account.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-380, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-380, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-385 Collecting funds for a player-supported jackpot.

Class F or house-banked licensees may collect funds from the pot for each player-supported jackpot. Licensees:

(1) Must keep these funds separate from all other fees; and

(2) Must use either the chip rack or drop box method to collect these funds.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-385, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-385, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-390 Collecting an administrative fee on the player-supported jackpot.

Class F or house-banked licensees may collect an administrative fee of up to ten percent of the funds collected for a player supported jackpot (PSJ). Licensees must deduct no other expenses from the PSJ account.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-390, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-395 House dealer required for a player-supported jackpot.

Class F or house-banked licensees must use a house dealer for all card games offering a player-supported jackpot (PSJ). No one playing in the PSJ game may deal.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-395, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-400 Accounting for player-supported jackpot funds.

Class F or house-banked licensees must:

(1) Maintain a separate bank account in a bank, mutual savings bank, or credit union in Washington state for holding player-supported jackpot (PSJ) funds; and

(2) Deposit only funds from PSJs into the account; and

(3) Not make payouts from the PSJ funds until licensees have first deposited the funds in the PSJ account. However, licensees may pay out prizes won during the gambling day and deduct administrative expenses before licensees deposit the funds; and

(4) Transfer or deposit the PSJ funds into the PSJ account or with an armored car service no later than the second banking day after the close of business; and

(5) Identify all deposits or transfers of PSJ funds by the type of PSJ fund and date of collection. Licensees must keep the validated deposit receipts or transfer information as a part of their required daily records or have online access to their player-supported jackpot bank accounts; and

(6) Transfer the amount from the PSJ account to the cage or general account before the end of the month if PSJ prizes are paid from the cage or general account. The licensee must keep the transfer information as part of the written records; and

(7) Reconcile the account balance in their bank statement to the PSJ prize balance on their PSJ prize fund accrual record each month. "Reconcile" means the licensee must compare the two balances, resolve any differences, and document the comparison and the differences in writing. Licensees must keep the reconciliation as part of their records.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-400, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 10-11-087 (Order 669), § 230-15-400, filed 5/17/10, effective 7/1/10
WSR 09-19-051 (Order 660), § 230-15-400, filed 9/11/09, effective 1/1/10
WSR 07-10-034 (Order 611), § 230-15-400, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-405 Paying out prizes on a player-supported jackpot.

(1) Class F or house-banked licensees must award all player-supported jackpot funds as prizes; and

(2) Prizes of five thousand dollars or less may be paid in cash or chips; and

(3) Prizes not awarded in cash must be paid within twenty-four hours with a check that provides a duplicate copy; and

(4) Licensees must maintain a record of all prizes paid in the format we prescribe; and

(5) When a player wins a prize of five hundred dollars or more, in view of the surveillance camera, the dealer must:

(a) Display the value and suit of each card in the winning hand; and

(b) Count and put in numerical order by suit the remaining cards in the deck to confirm a complete deck; and

(6) Licensees must collect the hand and seal it with a copy of the prize record. Licensees must keep the winning hand and remaining deck on the business premises for seven days.

History

Statutory Authority: RCW 9.46.070, 9.46.0282. WSR 13-03-063 (Order 683), § 230-15-405, filed 1/11/13, effective 2/11/13. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-405, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-410 Owners, prize fund custodians, and card room employees participating in player-supported jackpots.

(1) Class F or house-banked owners, prize fund custodians, and on-duty card room employees may play in card games that offer a player-supported jackpot (PSJ), but must not share in the winnings of any prize awarded.

(2) Any prizes an owner, prize fund custodian, or on-duty employee may be entitled to under game rules must be divided equally among the other players at the table.

(3) Owners, prize fund custodians, and on-duty card room employees must turn their cards face up at the end of a game so that other players at the table and surveillance may observe their cards if:

(a) They are playing in a game with a PSJ; and

(b) The prize is not based on a predetermined hand, such as four of a kind; and

(4) Card room employees that are off duty may win PSJ prizes.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-410, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-415 Removing a player-supported jackpot from play.

(1) If licensees discontinue a PSJ, they must distribute the balance, less any seed money, to players within sixty days by offering an approved promotion or tournament of the same card game played to fund the PSJ.

(2) If licensees stop operating card games or fail to maintain a valid card game license, they must immediately distribute all PSJ funds to the Washington State Council on Problem Gambling.

(3) If taxing authorities seize a PSJ account, the licensee must immediately stop offering the PSJ and collecting additional funds for the PSJ until all funds have been replaced in the PSJ account.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-415, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-420 Resolving disputes over player-supported jackpots.

(1) If a dispute arises involving the outcome of a player-supported jackpot (PSJ), Class F or house-banked licensees must:

(a) Preserve the video recording, the winning hand and remaining deck, and all records for the game where the dispute occurred; and

(b) Document all information about the dispute, including:

(i) The names, addresses, and phone numbers of all players, card room staff, and any witnesses involved; and

(ii) The amount of the advertised PSJ; and

(iii) A full description of the circumstances surrounding the dispute; and

(2) We will investigate complaints involving PSJ disputes and the director may issue a written decision which is final.

(3) During the course of dispute resolution, we may become the temporary custodian of any prize funds.

(4) Class F or house-banked licensees must not award or advertise the prize amount which is in dispute until it is resolved.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-420, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-425 Internal controls.

(1) House-banked card game licensees must:

(a) Adopt internal controls in the format we require; and

(b) Ensure that all games are closely controlled and operated in accordance with gambling laws, our rules, and the house-banked card game licensee's internal controls (ICs); and

(d) Have all ICs available to us at all times at the licensed business premises; and

(e) Have the ICs available to card room employees for their individual functions; and

(f) Ensure that card room employees are knowledgeable in all accounting and internal control procedures for their individual functions and ensure that employees follow the ICs.

(2) Licensed card room employees must follow the internal control procedures for their individual functions.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-425, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-430 Internal control requirements.

General accountability requirements.

(1) House-banked card game licensees must have a system of internal controls including, at least:

(a) Accounting controls - Include the licensee's plan, procedures, and records concerned with the safeguarding of assets and the reliability of financial records. Licensees must design these controls to provide reasonable assurance that transactions are recorded so that financial statements are prepared in conformity with generally accepted accounting principles (GAAP), and so that accountability for assets is maintained; and

(b) Administrative controls - Include, at least, the segregation of incompatible functions so that no employee is in a position to commit and conceal errors or wrongdoings in the normal course of his or her duties.

Designating a general manager.

(2) The owner, partners, or board of directors for the licensee must designate an individual with overall responsibility for the business, called the "general manager." The general manager may also perform the duties of a gambling operations department manager; and

Establish separate departments or functions.

(3) Licensees must establish separate departments or functions which must be independent from each other. At a minimum, these must include:

(a) Surveillance;

(b) Security;

(d) Accounting.

Surveillance department requirements.

(4) The surveillance department manager must ensure that surveillance employees follow all requirements of the surveillance WACs, including, at least:

(a) Closely and clandestinely observing the operation of the card games, the cashier's cage, and count room; and

(b) Monitoring for cheating, theft, embezzlement, and other illegal activities on the licensed premises; and

(d) Notifying appropriate supervisors and us, within three working days, when they detect cheating, theft, embezzlement, or other illegal activities related to gambling; and

(e) Giving our agents or law enforcement personnel immediate access to the surveillance room.

Security department requirements.

(5) The security department manager must ensure that security employees control the transfer of cash and chips to and from the gambling tables, cage, and count room.

Gambling operations department requirements.

(6) The gambling operations department manager, or general manager, is responsible for house-banked card games and must ensure that the dealers operate card games at assigned gambling tables.

Accounting department requirements.

(7) The accounting department must be supervised by a person who reports directly to the general manager. The accounting department must, at least:

(a) Implement and monitor accounting controls; and

(b) Control processes in the count room and cashier's cage; and

(d) Control the inventory of unused forms; and

(e) Reconcile the used and unused forms; and

(f) Prepare, control, and store records and data we require.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-430, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-10-034 (Order 611), § 230-15-430, filed 4/24/07, effective 1/1/08.

Wash. Admin. Code § 230-15-435 Defining "incompatible functions."

(1) "Incompatible functions" means job duties that place an employee or department in a position to commit and conceal errors or wrongdoings in the normal course of his or her duties.

(2) Anyone who records a transaction and has access to the assets related to that transaction is in a position to commit and conceal errors or wrongdoings. (Examples: An employee who writes checks should not reconcile the bank account; an employee who transports funds should not have access to keys for locks securing the funds or to surveillance recordings of the transaction.)

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-435, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-440 Modifying internal controls and changing card games offered.

(1) House-banked card game licensees must submit proposed changes to their internal controls in writing to us and receive our written approval before making any changes.

(2) Licensees may change the card games they offer by submitting the change to their internal controls in writing and getting an initial verbal or written approval from us. Staff reviews and verifies the changes on their next visit to the card room.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-440, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-445 Defining "gambling operations department manager."

"Gambling operations department manager" means a card room employee who is responsible for managing all card game operations.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-445, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-450 Defining "shift manager."

"Shift manager" means a card room employee who is responsible for all card game operations during a given shift. The shift manager reports to the gambling operations department manager.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-450, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-453 Using match play or similar coupons in gambling promotions.

Match play coupons may be offered as gambling promotions with the following restrictions:

(1) The coupons have no value. Players cannot "double down" on the "match play" portion of the wager.

(2) Players may double down on the chip portion of the wager, not to exceed maximum wagering limits.

(3) A match play coupon is not considered part of the player's wager in determining the amount wagered. Match play coupons may be used by players who wager the maximum allowed.

(4) A match play coupon is itself a gambling promotion and cannot be awarded as a prize in a promotional contest of chance, as authorized in RCW 9.46.0356.

(5) Restrictions on the use of coupons must be disclosed on the coupon.

(6) Expiration dates must be included on the coupon.

(7) Match play and other similar type coupon promotions such as Lucky Bucks and Free Ace, etc., must be given to all players eligible for the promotion.

(8) Coupon promotions allowing free play must not be given out based upon the outcome of a card game or tournament.

History

Statutory Authority: RCW 9.46.070. WSR 17-04-010, § 230-15-453, filed 1/19/17, effective 2/19/17
WSR 08-11-044 (Order 628), § 230-15-453, filed 5/14/08, effective 7/1/08.

Wash. Admin. Code § 230-15-455 Keeping funds to pay prizes.

House-banked card room licensees must ensure that they have sufficient funds available to redeem all chips and pay out all prizes including, but not limited to, progressive jackpot prizes, house jackpot prizes, and odds-based prizes. Failure to keep funds to cash in chips, pay prizes, or redeem gambling related checks is prima facie evidence of fraud and in violation of RCW 9.46.190.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-455, filed 5/14/21, effective 6/14/21
WSR 09-15-070 (Order 654), § 230-15-455, filed 7/13/09, effective 1/1/10
WSR 07-09-033 (Order 608), § 230-15-455, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 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/pit.

(2) Gambling area/pit means 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.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 15-15-065 (Order 714), § 230-15-460, filed 7/10/15, effective 8/9/15. Statutory Authority: RCW 9.46.070. WSR 08-11-044 (Order 628), § 230-15-460, filed 5/14/08, effective 7/1/08
WSR 07-09-033 (Order 608), § 230-15-460, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-465 Dealing all house-banked card games from a dealing shoe.

House-banked card game licensees must deal all house-banked card games from a dealing shoe or a shuffling device we have approved with the exception of single and double deck card games which may be dealt by hand.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-465, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-465, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-470 Numbering gambling tables.

House-banked card game licensees must permanently number each gambling table.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-470, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-475 Tips from players and patrons to card room employees.

(1) House-banked card game licensees may allow selected employees to accept tips from players or patrons.

(2) If licensees allow house-banked card game dealers to accept tips, licensees must ensure that tips are controlled so that only authorized employees receive tips, that tips are properly accounted for, and that tips are maintained separately from all other gambling funds.

(3) Cage cashiers may accept tips. They must locate their tip containers outside the cage enclosure. Players or patrons must deposit the tips directly into the container. A shift or floor supervisor, security, or an accounting manager who does not work as a cashier must verify the tips cage cashiers receive.

(4) Employees directly concerned with management, supervision, accounting, security, or surveillance must not ask for, accept, or share any tip originating from players or patrons; however, this restriction does not apply to poker "floor supervisors."

(5) House-banked card game licensees must:

(a) Establish and implement procedures for the accounting of tips received by authorized card room employees.

(b) Fully document the procedures in their internal controls and describe in detail any methods used to allocate tips.

(c) Establish procedures necessary to ensure that the floor supervisor and surveillance observe card room employees accepting tips. Procedures must include an overt display of received tips, for example tapping the table with the tip before placing it in the tip container.

(6) Employees must:

(a) Drop all tips into a locked tip container which prevents the removal of tips except by unlocking the container. Tips may be accumulated on the table, exchanged into higher denomination chips, and then deposited into the tip container. Tip containers must remain under camera coverage of the closed circuit television system at all times; and

(b) Keep all tips received or pool them with tips of all card room employees according to the licensee's internal controls; and

(d) Accurately report all tips to their employer as described in the licensee's internal controls.

(7) Licensees may determine whether employees must retain or pool tips among employees. Employees must redeem all pooled tips under surveillance at the cashier's cage, count room, or a gaming table.

History

Statutory Authority: RCW 9.46.070. WSR 09-11-083 (Order 644), § 230-15-475, filed 5/18/09, effective 7/1/09
WSR 07-21-116 (Order 617), § 230-15-475, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-15-480 Commissions on winning hands.

The only direct or indirect fee (commission) licensees may collect is a percentage from a winning hand in house-banked card games.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-480, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-480, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-490 Aggregate payout limits for odds-based prizes.

(1) House-banked card room licensees may impose aggregate payout limits if we approve for odds-based prizes.

(2) "Aggregate payout limit" means the maximum payout by a licensee to one or more players as the result of winning wagers from a single deal of cards.

(3) Aggregate payout limits must not be:

(a) Combined with different types of odds-based prizes; and

(b) Less than the maximum wager allowed for the game times the highest odds offered up to fifty to one. For example, if the maximum wager is three hundred dollars and the highest odds offered are five thousand to one, the aggregate payout limit cannot be less than fifteen thousand dollars (three hundred dollars times fifty); and

(4) All aggregate payout limits must be prominently displayed on the table layout or a sign placed on the table.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-490, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-490, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-491 Limiting payouts to dealers for tip or "toke" wagers for odds-based payouts.

(1) A "toke" is a wager made by a player as a tip for the dealer and it is treated as a separate bet.

(2) House-banked card room licensees may:

(a) Establish a separate, individual limit on the amount of the payout on a toke for odds-based payouts within the requirements of WAC 230-15-490; and

(b) Restrict the types of wagers tokes are allowed on and the amounts of tokes.

(3) Tokes are not included in the calculation of the aggregate payout limits.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-491, filed 5/14/21, effective 6/14/21
WSR 07-21-116 (Order 617), § 230-15-491, filed 10/22/07, effective 1/1/08.

Wash. Admin. Code § 230-15-495 Opening tables.

Licensees must clearly mark the outside of the chip tray with the gambling table number which it matches. When opening gambling tables, house-banked card game licensees must follow these steps:

(1) A floor supervisor must unlock the table inventory container (chip tray) and take out the table inventory slip (opener); and

(2) The floor supervisor and the dealer assigned to the gambling table must:

(a) Count the contents of the chip tray; and

(b) Verify the count against the opener; and

(3) The dealer and the floor supervisor must then sign the opener, confirming the information on the opener is correct; and

(4) The dealer must immediately deposit the opener in the drop box attached to the gambling table; and

(5) If there is any discrepancy between the amount of gambling chips and coins counted and the amount of the chips and coins recorded on the opener:

(a) The floor supervisor must report immediately to the shift manager, if on duty or when the manager arrives; and

(b) The floor supervisor on duty must complete and sign a notification of error slip; and

(d) Security must transport the duplicate of the notification of error slip to the accounting department or the cashier's cage; and

(e) The dealer must drop the original notification of error slip in the drop box attached to the gambling table; and

(f) The accounting department must keep a copy of the notification of error slip in a log in the format we require; and

(g) Licensees must notify us within twenty-four hours of errors of two hundred dollars or more, or if there is a pattern of shortages.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-495, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-500 Accounting 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

(d) To pay winning wagers and collect losing wagers made at the gambling table; or

(e) In exchange for chips received from a player having an equal total face value (known as "coloring up" or "coloring down"); or

(f) In compliance with fill and credit procedures.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-500, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-500, filed 5/19/23, effective 6/19/23
WSR 07-09-033 (Order 608), § 230-15-500, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-505 Selling 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-505, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-505, filed 5/19/23, effective 6/19/23. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-505, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-505, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-506 Using debit cards to purchase chips on house-banked card games.

House-banked card game licensees may allow a player to use a debit card to purchase chips at house-banked card games under the following conditions:

(1) The licensee must use approved debit card reading devices to process the debit card transactions; and

(2) The debit card transaction must be initiated at an approved gambling table; and

(3) A supervisor must be present at the gambling table during the debit card transaction; and

(4) The dealer or supervisor must examine the player's identification to confirm the player's identity. The dealer or supervisor must verify that the name on the identification matches the name on the debit card; and

(5) Verify the player is not on the state-wide self-exclusion list; and

(6) Not execute a debit card transaction upon notification from the player's financial institution that the available funds in the player's account associated with the debit card are less than the amount requested by the player; and

(7) A single debit card transaction is limited to $500 or less. Furthermore, aggregated debit card transactions at gambling tables for a single player cannot exceed $2,500 during a 24-hour period; and

(8) The licensee must prominently post all fees charged by the gaming establishment or system provider associated with the transfer at the gambling table or on the approved debit card reading device; and

(9) The debit card transaction receipt must be deposited into the drop box attached to the gambling table; and

(10) Licensees are required to post at all tables in which the debit transaction may be completed signage with the problem gambling helpline and how to register for the state-wide self-exclusion program at the licensee's establishment. The signage must be in at least the same font as all other signage on the table; and

(11) Conspicuously display on or at the gaming device or game, and on a printed item given to the patron, notice that funds may be approved for transfer from sources other than the account associated with the patron's debit instrument, as determined by the patron's financial institution; and

(12) Licensees must submit internal controls to us in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 23-11-108, § 230-15-506, filed 5/19/23, effective 6/19/23.

Wash. Admin. Code § 230-15-507 Debit card reading devices used on house-banked card games.

House-banked card game licensees may use approved debit card reading devices on house-banked card games to sell chips to players in accordance with WAC 230-15-506. Licensees must use debit card reading devices that:

(1) Are approved and documented in internal controls; and

(2) Execute all transactions in accordance with all applicable state and federal electronic funds transfer requirements including, receipting and fee disclosure requirements; and

(3) Provide real-time accounting reports for each debit card reading device to include patron transaction history by date and time; and

(4) Do not interfere with gaming system interfaces and device operations; and

(5) Do not accept signature debit, credit, and EBT cards; and

(6) Are not used for the purchase of live gaming vouchers that can be used for other authorized gambling activities at the card room; and

(7) Do not execute a transaction for funds that exceed the available amount of funds from the linked bank account; and

(8) Provide a daily monetary transfer limit per patron that does not exceed the limits in WAC 230-15-506. A fee charged by the gaming establishment or system provider associated with a transfer does not contribute to the transfer limit; and

(9) Employ data encryption that meets or exceeds current industry standards for all data that is transmitted.

History

Statutory Authority: RCW 9.46.070. WSR 23-11-108, § 230-15-507, filed 5/19/23, effective 6/19/23.

Wash. Admin. Code § 230-15-510 Transferring chips and coin to the gambling tables.

House-banked card game licensees must closely control and document all transfers of chips or coin to the gambling tables in a manner that ensures accountability and provides adequate security.

(1) All transfers of chips or coin must be to or from the cashier's cage.

(2) Chips or coin must not be transferred from one gambling table to another.

(3) All transfers of chips or coin must be made using requests for fill slips and fill slips or request for credit slips and credit slips.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-510, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-515 Requirements for request for fill/credit slips.

A request for fill/credit slip must be:

(1) A two part form; and

(2) Completed in the format we require; and

(3) Secured so that only a floor supervisor has access to the slip.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-515, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-520 Requirements for fill/credit slips.

(1) Each fill/credit slip must be a consecutively prenumbered three-part form in the format we require. We may authorize use of a computer based accounting system which includes a nonrepeating consecutive numbering system, which fulfills the controls and safeguards of the manual system. House-banked card game licensees must:

(a) Control and account for each series of fill/credit slips they receive; and

(b) Ensure the fill/credit slip dispenser is secured in the cashier's cage; and

(c) Keep each series of fill/credit slips in a locked dispenser that will permit an individual fill/credit slip in the series and its copies to be written on simultaneously while still located in the dispenser, and will discharge the original and duplicate while the triplicate remains in a continuous, unbroken form in the dispenser; and

(d) Use the forms in consecutive order and account for all forms; and

(e) Assign an accounting department employee to be responsible for controlling and accounting for the unused supply of fill/credit slips, placing fill/credit slips in the dispensers, and removing the triplicate copy from the dispensers. Only the accounting department employee may have access to the forms in the dispenser.

(2) If there is a paper jam, the licensee may allow a security department employee access to the dispenser to clear it.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-15-520, filed 10/22/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-520, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-525 Completing the fill process.

Requesting a fill.

(1) A floor supervisor must prepare a request for fill slip to authorize the cage cashier to perform a fill for the distribution of chips or coin to gambling tables.

(2) The floor supervisor and security must sign the request for fill slip at the gambling table to which the chips or coin are to be delivered.

Transporting requests for fills.

(3) Security must transport the completed original request for fill slip directly to the cashier's cage.

(4) The dealer must place the duplicate copy of the request for fill slip face up on the gambling table. It must remain there until the chips or coin are received.

Filling a request.

(5) The cashier must prepare a fill slip when a request for fill slip is received.

(6) The cashier must sign the fill slip when finished preparing the fill.

(7) A security department employee must compare and verify the request for fill slip to the fill slip and the amount of the fill. Security must sign the fill slip.

(8) Security must transport the chips, coin, and the original and duplicate of the fill slip to the gambling table.

(9) The cashier retains the original of the request for fill slip.

Receiving the fill.

(10) On receiving chips or coin, the dealer verifies the amount of the fill and signs the fill slip.

(11) The floor supervisor verifies the amount of the fill and signs the fill slip.

(12) After the dealer and floor supervisor sign the fill slip, security must observe that the dealer immediately places the duplicate fill slip and the duplicate request for fill slip in the drop box attached to the gambling table.

(13) Security must return the original fill slip to the cashier.

(14) The cashier must attach the request for fill slip to the original fill slip.

(15) If an error is made on a fill slip, the cage cashier must write "void" on the original and duplicate of the slip, and sign the slip.

(16) At the end of the day or shift, the cage cashier must forward all slips to either:

(a) The count team for agreement with the duplicate of the fill slip and duplicate of the request for fill slip removed from the drop box. After the count, all fill slips and request for fill slips must be forwarded directly to the accounting department for agreement with the triplicate of the fill slip; or

(b) The accounting department for agreement with the duplicate fill slip and duplicate of the request for fill slip removed from the drop box and the triplicate of the fill slip.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-525, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-530 Completing the credit process.

Requesting credit.

(1) The floor supervisor must prepare a request for credit to authorize the cage to prepare a credit slip for removing gambling chips and coin to the cashier's cage.

(2) The floor supervisor and a security department employee must sign the request for credit slip at the gambling table from which the gambling chips and coin are being removed.

Transporting requests for credit.

(3) A security department employee verifies the chips and coin to the request for credit and then transports the original of the request for credit and the gambling chips or coin removed from the gambling table directly to the cashier's cage.

(4) The dealer must place the duplicate copy of the request for credit face up on the gambling table. The form must not be removed until a credit slip is received from the cashier's cage.

Filling a request for credit.

(5) The cashier must prepare a credit slip in the format we require whenever gambling chips or coin are removed from the gambling tables to the cashier's cage.

(6) The cashier must compare the request for credit to the chips or coin and sign the credit slip.

(7) A security department employee must compare and verify the request for credit to the credit slip and sign the credit slip.

(8) A security department employee must transport the credit slip to the gambling table.

(9) The cashier retains the original of the request for credit.

Receiving the credit.

(10) On receiving the request for credit slip, the dealer and the floor supervisor verify the amount of the credit slip and sign the credit slip.

(11) After the dealer and floor supervisor sign the credit slip, the security department employee must observe that the dealer immediately places the duplicate credit slip and the duplicate request for credit in the drop box attached to the gambling table from which the gambling chips or coin were removed.

(12) The security department employee must return the original credit slip to the cashier's cage. The cage cashiers must keep together and control the original of the credit slip and request for credit.

(13) If an error is made on the credit slip, the cage cashier must write "VOID" on the original and duplicate of the slip and sign the slip.

(14) At the end of the day or shift, the cage cashier must forward all slips to either:

(a) The count team for agreement with the duplicate of the credit slip and duplicate of the request for credit removed from the drop box. After the count, all credit slips and requests for credit must be forwarded to the accounting department for agreement with the triplicate; or

(b) The accounting department for agreement with the duplicate credit slip and duplicate request for credit slip removed from the drop box and the triplicate of the credit slip.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-530, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-530, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-535 Closing tables.

When closing tables, house-banked card game licensees must follow these steps:

(1) The floor supervisor and the dealer assigned to the gambling table must count the gambling chips and coins. The surveillance department must monitor and record the entire count and closure process.

(2) The floor supervisor assigned to the gambling table must record the chips and coins counted on a table inventory slip.

(3) Licensees must use consecutively prenumbered three-part forms for table inventory slips. Table inventory slips must be in the format we require and have three parts:

(a) The original (the closer); and

(b) The duplicate (the opener); and

(4) The floor supervisor and the dealer assigned to the gambling table must sign the table inventory slip, confirming the information recorded at the time of closing.

(5) After both the dealer and floor supervisor have signed the closer, the dealer must deposit the closer in the drop box attached to the table. The dealer must place the opener face up in the chip tray, arranged so that it is clearly visible. Then the floor supervisor must lock the clear chip tray cover. The chip trays must be under recorded surveillance at all times.

(6) A security department employee must take the triplicate of the table inventory slip to the accounting department.

(7) If an error is made on the closer, the preparer must write "void" on all copies of the form and forward them to the accounting department.

(8) If the locked chip trays are transported to the cashier's cage at the end of each gambling day, a cage cashier must determine that all locked chip trays have been returned to the cage and are adequately secured.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-116 (Order 617), § 230-15-535, filed 10/22/07, effective 1/1/08
WSR 07-09-033 (Order 608), § 230-15-535, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-540 Notifying the commission of card game interruptions.

House-banked card game licensees must notify us in writing if they interrupt operations of card games for more than seven days. Licensees must:

(1) Notify us within three days of the interruption; and

(2) Include the reason for the interruption; and

(3) Include the estimated date card games will resume.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-540, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-545 Interruption of card games for more than seven days.

(1) If a house-banked card game licensee interrupts card game operations for more than seven days, we determine whether a preoperational review and evaluation (PORE) is needed. The licensee must receive our written approval before resuming operations.

(2) The PORE determines whether:

(a) The licensee has an organizational structure that can support their proposed accounting and administrative controls; and

(b) Internal accounting and administrative controls ensure that the licensee closely controls the gambling activities and accurately records financial information; and

(d) The physical layout of the card room and supporting functions can handle the proposed accounting and administrative controls.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-545, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-550 Closely controlling money.

House-banked card game licensees must closely control and keep records documenting all receipts and disbursements of cash, cash equivalents, chips, and coin related to the operation of card games.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-550, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-553 Defining "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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-553, filed 9/22/23, effective 10/23/23
WSR 08-03-062 (Order 623), § 230-15-553, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-15-555 Cashier's cage design and structure.

(1) House-banked card game licensees must:

(a) Locate on, or immediately adjacent to, the gambling floor a physical structure to house the cashier and act as a cashier's cage; and

(b) Design, construct, and operate the cashier's cage to provide maximum security and accountability for funds.

(2) The cage must include, at a minimum:

(a) An enclosed structure with openings through which gambling chips, checks, cash, records, documents, and other such items can be passed;

(b) Manually triggered silent alarm systems connected directly to the surveillance room(s) of the closed circuit television system or an alarm monitoring agency; and

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-555, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-560 Operating the cashier's cage.

(1) House-banked card game licensees must have a cashier's cage used for securing and accounting for all chips and moneys in the card room portion of the business premises. Licensees must ensure that their cage cashiers, at least:

(a) Maintain the cage inventory including currency, coin, player checks, gambling chips, forms, documents, and records normally associated with the operation of a cage; and

(b) Receive gambling chips, cash, checks, and other cash equivalents from players in exchange for currency or coin or for check consolidations, total or partial redemptions, or substitutions; and

(d) Perform functions necessary to ensure accurate accountability of funds and chips consistent with these requirements, including, at least:

(i) Reconciling the total closing inventory with the total opening inventory; and

(ii) Receiving request for fill slips in exchange for issuing fill slips and requested chips or coin; and

(iii) Receiving chips or coins removed from gambling tables in exchange for issuing a credit slip; and

(iv) Receiving documents with signatures that ensure the effective segregation of duties; and

(v) Counting and recording the face value of each cage inventory item on a cage inventory count sheet, along with the total opening and closing inventories, at the end of each of their outgoing shifts; and

(vi) Signing, at their incoming and outgoing shift, the cage inventory count sheet, attesting to accuracy of the count; and

(vii) Preparing the overall cage reconciliation and accounting records; and

(viii) Forwarding, at the conclusion of the daily gambling activity, copies of the cage inventory count sheet and related documents to the accounting department for reconciling the agreement of opening and closing inventories, notification of error slips, and the agreement of amounts on other forms, records, and documents recording transactions.

(2) Licensees may sell merchandise items out of the cashier's cage as long as they have a separate bank and receipting system for the sale and accounting of these items.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-560, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-560, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-565 Access and entrance to cashier's cage.

(1) House-banked card game licensees must limit entry to the cashier's cage to authorized personnel.

(2) Licensees must keep a sign-in log in the format we require of all persons accessing the cashier's cage.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-565, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-565, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-575 Separate imprest bank allowed for nonhouse-banked card games.

House-banked card game licensees operating both house-banked and nonhouse-banked games may sell chips for poker games through an imprest bank other than the cashier's cage. "Imprest bank" means the bank must replenish funds on a regular basis to maintain exactly the amount of outgoing cash, chips, or coin (expenditures) minus the amount of funds added. The bank must be located within the cashier's cage or another location approved in the internal controls.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-575, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-575, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-580 Accepting checks at the cashier's cage.

(1) House-banked card game licensees may accept checks from players as explained in WAC 230-06-005 and must meet the following additional requirements:

(a) Licensees may only accept checks from players at the cashier's cage or poker podium; and

(b) Before cashing the check, the cage cashier must examine the player's identification to confirm the player's identity; and

(i) Initial the check; and

(ii) Date and time stamp the check; and

(iii) Verify that the player is not listed on the daily returned check report. If licensees use a check guarantee and collection service, the licensee may disregard this subsection; and

(iv) Exchange the check for currency and coin in the amount for which the check is drawn, minus any applicable fees; and

(v) Forward all player checks to the main bank cashier.

(2) Licensees must deposit all checks received into their bank account, within two banking days after receipt. Checks deposited to an armored car service within two banking days meet this requirement.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-580, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-580, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-585 Using 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-585, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-585, filed 5/19/23, effective 6/19/23
WSR 07-09-033 (Order 608), § 230-15-585, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-590 Transporting drop boxes.

(1) When transporting drop boxes, house-banked card game licensees must have one security employee and one gambling operation employee transport all drop boxes removed from the gambling tables directly to the count room and secure them there. The security employee must notify the surveillance department when transport begins.

(2) If drop boxes are removed from gambling tables at times other than the close of the gambling day, the persons removing drop boxes must remove them during a shift change. These persons must prepare a table inventory slip as required in WAC 230-15-535, and the incoming and outgoing supervisors must verify the inventory and sign the table inventory slip.

(3) Count team members may pull and transport the drop boxes to the count room for the count process if:

(a) The gambling operation is closed; and

(b) The card room entrances/exits are locked; and

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-590, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-595 Storing drop boxes not attached to tables in the count room.

House-banked card game licensees must store all drop boxes not attached to a gambling table in the count room in an enclosed storage cabinet or trolley with two separately keyed locks. The security department must keep and control keys to the first lock and the gambling operation department must keep and control the keys to the second lock.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-595, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-600 Storing drop boxes on closed gambling tables.

House-banked card game licensees may store drop boxes on closed gambling tables if recorded surveillance covers the entire area.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-600, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-605 Requirements for count rooms.

(1) House-banked card game licensees must have a secured area, called a "count room," for counting the contents of drop boxes.

(2) Licensees must design and construct the count room to provide maximum security for the materials housed there and for the activities conducted there. The count room must be fully enclosed with only one entry. Licensees must also have:

(a) A door with at least one lock securing the count room door. The security department must keep and control the key or combination to the door. If a double locking system is used, the gambling operation department must keep the key to the second lock; and

(b) A sign-out procedure for all authorized keys used for the count process; and

(c) An alarm device connected to the entrance of the count room so that opening the door signals the surveillance employees monitoring the closed circuit television system.

(3) In the count room, licensees must have:

(a) A table of clear glass or similar material with a base that does not obstruct viewing for the emptying, counting, and recording of the contents of the drop boxes (the "count"); and

(b) Closed circuit television cameras and microphones that capture effective and detailed video and audio monitoring of the entire count process; and

(c) A sign posted in the count room or at the entrance that states audio recordings are occurring within the count room at all times.

(4) Licensees must keep a count room sign-in log in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-605, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-610 Preparing to conduct a count.

(1) House-banked card game licensees must assign licensed employees to conduct the count. The count team must not include anyone who works in the surveillance department or whose duties included preparing, approving, or reviewing records used in the specific count process. Count team requirements are based on the licensee's card room gross gambling receipts in their previous fiscal year:

| Card Room Gross Gambling Receipts | Minimum Count Team Requirements | | --- | --- | | Less than $5 million. | Two person count team. | | $5 million to $15 million. | Three person count team or two person count team if a currency counter is used as outlined in this chapter. | | More than $15 million. | Three person count team. | | A new house-banked card room whose financial statements have not yet been submitted to us. | Three person count team. |

(2) Prior to using a two person count team, the licensee must receive approval from the director or their designee. The approval will be based on the licensee:

(a) Meeting the card room gross gambling receipts requirements in their previous fiscal year; and

(b) Having internal controls in place to prevent both under-reporting and misappropriation of funds; and

(c) Having demonstrated following their internal controls to prevent both under-reporting and misappropriation of funds based on their administrative history; and

(d) Having a currency counter, which complies with commission rules, and internal controls for the use of the currency counter. This applies for those licensees with card room gross gambling receipts of $5 million to $15 million.

(3) Licensees must accurately count and record the contents of drop boxes to ensure the proper accountability of all gambling chips, coin, and currency. The count must be done at least once each gambling day.

(4) If a cage cashier completes the opener, closer, fills, and credits portions of the master game report, the cashier sends the original master game report to the count team for completion. The cage cashier must immediately send a copy directly to the accounting department.

(5) A count team member must notify the surveillance room observer that the count is about to begin. The surveillance employee must then observe the count as it occurs and make a video and audio recording of the entire count process.

(6) Before opening drop boxes, the count team must lock the door to the count room. Licensees must permit no person to enter or leave the count room, except for a normal work break or an emergency, until the count team has completed the entire counting, recording, and verification process for the contents of drop boxes.

History

Statutory Authority: RCW 9.46.070. WSR 18-23-074, § 230-15-610, filed 11/19/18, effective 1/1/19
WSR 07-09-033 (Order 608), § 230-15-610, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-615 Conducting 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

(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, 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, 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, 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 $5,000,000 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

(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, 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, 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

(h) As the count is occurring, a surveillance employee must record in the surveillance log the total chips, cash, 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 $5,000,000 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, 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, 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-615, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-615, filed 5/19/23, effective 6/19/23
WSR 18-23-074, § 230-15-615, filed 11/19/18, effective 1/1/19
WSR 07-09-033 (Order 608), § 230-15-615, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-620 Concluding 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, 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-620, filed 9/22/23, effective 10/23/23
WSR 23-11-108, § 230-15-620, filed 5/19/23, effective 6/19/23. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 14-11-021 (Order 699), § 230-15-620, filed 5/9/14, effective 7/1/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-620, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-625 Accounting department review of the count.

(1) On a daily basis, the accounting department must:

(a) Have a card room employee with no recording responsibilities compare a sample of originals and copies of the day's master game report, requests for fill, fill slips, requests for credit, credit slips and table inventory slips for agreement with each other and, if applicable, to triplicates or stored data; and

(b) Review a sample for the appropriate number and propriety of signatures; and

(d) Test for proper calculation, summarization, and recording; and

(e) Subsequently record in monthly records; and

(f) Keep and control the originals and copies.

(2) The accounting department must report discrepancies immediately to us for investigation.

(3) If the accounting department does not work on weekends or federal or state holidays, they must complete these reviews on the next day that they work.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-625, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-630 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; 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.

History

Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 15-15-065 (Order 714), § 230-15-630, filed 7/10/15, effective 8/9/15. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-630, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-671 Jackpot prizes.

House-banked card room licensees may offer and operate "jackpot" prizes with approved house-banked card games.

(1) "Jackpot" prizes are cash prizes displayed at house-banked card game tables. Jackpot prizes are won by achieving a predetermined specific hand. There are two types of "jackpot" prize schemes:

(a) Progressive jackpots: A jackpot prize which increases in real-time based on each wager placed. Licensees must:

(i) Collect players' wagers to allocate towards a separate progressive jackpot prize. Approved game rules determine how a progressive jackpot accrues; and

(ii) Adjust the master games report in the prescribed format to reflect daily accrued prizes; and

(iii) Act only as the custodian of the progressive jackpot funds; and

(iv) Maintain no legal right to funds collected for the posted progressive jackpot prize or reserve funds which have not been recorded as gross receipts; and

(v) Strictly account for all funds collected.

(b) House jackpots: A fixed prize amount funded by the licensee that does not accrue or incrementally increase each time a wager is made to any guaranteed player fund or prize. Licensees must:

(i) Follow approved game rules related to house jackpots; and

(ii) Not adjust the master games report for house jackpot prizes; and

(iii) Award the posted house jackpot prize to each player achieving the predetermined winning hand; and

(iv) Conspicuously post the following at the table:

(A) The fixed prize amount; and

(B) A disclosure defining the jackpot prize as a house jackpot which involves no player funded money; and

(2) Only progressive jackpots may use approved gambling equipment where the jackpot meter shows a real-time incrementally increasing progressive jackpot prize amount.

(3) House jackpots may use approved gambling equipment. Displayed prize amounts may only be adjusted manually by the licensee.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-671, filed 5/14/21, effective 6/14/21.

Wash. Admin. Code § 230-15-673 Paying out house jackpot prizes.

(1) House-banked card room licensees must immediately pay out verified prizes of $5,000 or less.

(2) For verified prizes over $5,000, licensees must immediately pay out a minimum of $5,000 and pay the remaining balance within 24 hours by check. The player may request that the licensee pay up to the entire prize balance by check. Licensees must then issue a check for the entire prize balance within 24 hours.

History

Statutory Authority: RCW 9.46.070. WSR 22-01-182, § 230-15-673, filed 12/20/21, effective 1/20/22.

Wash. Admin. Code § 230-15-674 Keeping funds to pay house jackpot prizes.

House-banked card room licensees must maintain at least the amount of the single largest house jackpot prize offered in a bank, mutual savings bank, or credit union located in Washington. Licensees must maintain a monthly record showing the daily amount of each house jackpot prize offered.

History

Statutory Authority: RCW 9.46.070. WSR 22-01-182, § 230-15-674, filed 12/20/21, effective 1/20/22.

Wash. Admin. Code § 230-15-680 Operating progressive jackpot prizes.

House-banked card room licensees may operate progressive jackpot prizes with certain approved house-banked card games.

(1) To participate in a progressive jackpot, a player places a separate wager, part of which accrues to the progressively increasing prize.

(2) The company that owns the rights to the approved game rules must determine or establish the:

(a) Winning patterns or combinations of cards to win the progressive jackpot prize(s); and

(b) Pay tables to include a description of any fixed payouts, odds-based payouts, or percentage-based payouts of the total prize amount displayed.

(3) Licensees must offer a primary jackpot prize and may also offer secondary jackpot prizes.

(4) Licensees must conspicuously and prominently disclose at the gaming table all prizes available and how they are won.

(5) Licensees must ensure that they closely control progressive jackpot games and account for all the funds collected.

(6) Licensees may take a portion of each progressive bet to be retained in the progressive account for the purposes of reseeding primary and secondary jackpot prizes after they are won.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-680, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-680, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-685 Restrictions on progressive jackpots.

House-banked card room licensees operating progressive jackpots must follow these restrictions and procedures:

(1) Progressive jackpot funds must accrue according to the rules of the game.

(2) At each gambling table, licensees must prominently post the amount of the progressive jackpot that players can win along with any associated pay tables.

(3) Licensees may establish a maximum limit on a progressive jackpot prize. If licensees establish a limit, they must make the amount equal to, or greater than, the amount of the jackpot when they imposed the limit. They must prominently post a notice of the limit at or near the game.

(4) Licensees may connect progressive jackpots. Progressive jackpots are considered "connected" when jackpot prize displays at gaming tables incrementally increase at the same time after players place jackpot wagers. Connected progressive jackpot displays must show the same prize amounts. Licensees may only connect progressive jackpots:

(a) When offered on the same card game on multiple tables within the same licensed location; or

(b) When offered on different card games on multiple tables within the same licensed location. The card games offering the progressive jackpot(s) must have:

(i) The same probability of winning the jackpot prize; and

(ii) The same winning hand.

(5) When gambling equipment will allow a progressive jackpot between different manufacturers, the gambling equipment must be submitted for testing for interoperability in accordance with WAC 230-06-050.

History

Statutory Authority: RCW 9.46.070. WSR 23-16-135, § 230-15-685, filed 8/1/23, effective 9/1/23
WSR 21-11-057, § 230-15-685, filed 5/14/21, effective 6/14/21. Statutory Authority: RCW 9.46.070 and 9.46.0282. WSR 15-21-005 (Order 715), § 230-15-685, filed 10/8/15, effective 11/8/15
WSR 13-13-060 (Order 688), § 230-15-685, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-685, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-690 Paying out progressive jackpot prizes.

(1) House-banked card game licensees must immediately pay out verified prizes of five thousand dollars or less.

(2) For verified prizes over five thousand dollars, licensees must immediately pay out a minimum of five thousand dollars and pay the remaining balance within twenty-four hours by check. The player may request that the licensee pay up to the entire prize balance by check. Licensees must then issue a check for the entire prize balance within twenty-four hours.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-690, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-695 Adjusting progressive jackpot amounts.

House-banked card room licensees must not reduce the amount of a progressive jackpot prize accrued or displayed except for the following reasons:

(1) To reduce the primary or secondary jackpot(s) and the displayed amount by the amount won; or

(2) To correct an amount displayed incorrectly because of malfunctioning equipment; or

(3) To correct the display when the amount displayed is greater than the predetermined maximum prize limit; or

(4) To reduce the progressive account for nondisplayed prizes as long as they record the funds removed as gross receipts and properly documented that in their records; or

(5) To reduce the progressive account or displayed amount to recover seed money; or

(6) Any adjustment to the progressive account or displayed prizes must be properly documented in card room records.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-695, filed 5/14/21, effective 6/14/21. Statutory Authority: RCW 9.46.070, 9.46.0282. WSR 10-17-089 (Order 671), § 230-15-695, filed 8/16/10, effective 1/1/11. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-695, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-700 Merchandise prizes for progressive jackpots.

House-banked card room licensees may use only nondisplayed progressive jackpot funds to purchase merchandise prizes to be offered on a progressive jackpot game in lieu of fixed prizes as set out in the approved pay table for the card game as posted on the commission's website. The merchandise purchased must be of equal or greater value to the fixed prizes offered in approved pay tables. Licensees must:

(1) Obtain approval from the company that owns the rights to the progressive jackpot card game to offer merchandise prizes; and

(2) Submit internal controls for review and approval; and

(3) Own the merchandise prizes and pay for them in full, without lien or interest of others, before they award the merchandise as prizes. If the winner has an option to receive a cash prize instead of the merchandise, licensees may enter into a contract to immediately purchase a merchandise prize after the winner chooses their option; and

(4) Prominently post a notice at the progressive jackpot gaming table describing:

(a) A specific portion of the jackpot funds were used to buy merchandise to be awarded as prizes, as well as the specific merchandise prizes to be awarded; and

(b) The value of the merchandise they plan to award. This value must be accurate and verifiable; and

(d) Fees or restrictions associated with ownership of the merchandise prize; and

(5) Display merchandise prize or an accurate description or photograph of the merchandise prize for the public to view; and

(6) Keep detailed records, including the purchase invoice, on premises and make them available for our review.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-700, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-700, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-710 Permanently removing a progressive jackpot game from play.

Players have a vested interest in the displayed progressive jackpot prize.

(1) House-banked card room licensees must not remove a progressive jackpot game from play without written approval. Licensees must:

(a) Submit a detailed distribution plan to us in writing and receive written approval before removing any progressive jackpot prizes from play; and

(b) Prominently post a notice and the approved distribution plan at the progressive jackpot gambling table, including if they plan to close the business, at least ten days before they begin the process of removing the jackpot and distributing the funds; and

(c) Not make any changes to the approved distribution plan after it is posted at the progressive jackpot gambling table without written approval from us.

(2) Licensees must distribute the amount of the posted progressive jackpot prizes using one of these authorized methods:

(a) Transfer the progressive jackpot prize to a different house-banked progressive jackpot game; or

(b) Give away the progressive jackpot prize through an approved gambling promotion within sixty days of the effective date of the distribution plan. Licensees must:

(i) Operate the gambling promotion on the same game the funds were collected on; and

(ii) Receive approval from the owner of the game in accordance with WAC 230-15-141; or

(c) Offer the progressive jackpot prize in an approved free tournament on the same progressive jackpot game the funds were collected on within sixty days of the effective date of the distribution plan; or

(d) Donate the money to a nonprofit gambling organization in Washington state.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-710, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-710, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-715 Tax authorities seizing all, or a portion, of a progressive jackpot.

If a taxing authority seizes jackpot funds, the house-banked card room licensee must immediately cease operating the progressive jackpot game and collecting funds for the progressive jackpot until the amount that was posted as the prize has been replaced in the bank account. Licensees may either replace nondisplayed prizes retained in the progressive account that were seized or record the funds as gross receipts.

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-715, filed 5/14/21, effective 6/14/21
WSR 07-09-033 (Order 608), § 230-15-715, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-720 Deposit and reconciliation requirements for progressive jackpot prizes.

(1) House-banked card room licensees must deposit all progressive jackpot funds in a separate bank account at least weekly. The account must be kept in a bank, mutual savings bank, or credit union located in Washington state. If the progressive bank account is reduced below the progressive jackpot prize posted at the gambling table, licensees must immediately stop operating the progressive game until they are in compliance.

(2) Licensees must:

(a) Keep a record of all deposits; and

(b) For each progressive jackpot prize, identify the deposits by game name and dates of collection; and

(c) Maintain validated deposit slips as part of their records or have online access to their progressive jackpot prize bank accounts.

(3) Licensees must:

(a) Reconcile the account balance with the bank statement to the progressive jackpot fund balances. "Reconcile" means the licensee must compare the two balances, resolve any differences, and document the comparison and the differences in writing; and

(b) Complete the reconciliation within seven days following the end of the month; and

History

Statutory Authority: RCW 9.46.070. WSR 21-11-057, § 230-15-720, filed 5/14/21, effective 6/14/21
WSR 10-11-087 (Order 669), § 230-15-720, filed 5/17/10, effective 7/1/10
WSR 07-09-033 (Order 608), § 230-15-720, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-725 Keeping all card game records.

House-banked card game licensees must keep and maintain all card game records in the format we require.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-725, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-730 Keeping an accounting system.

(1) House-banked card game licensees must keep and maintain a complete set of accounting records which we have approved before licensure. These records must include all receipts and disbursements of the licensee, including, at least, those related to gambling activities.

Revenue, costs, and expenses.

(2) Licensees must keep legible, accurate, and complete records of all transactions relating to the revenues, costs, and expenses of the gambling operation. Licensees must keep these records in a format that ensures consistency, comparability, and effective disclosure of financial information.

Accounting system.

(3) Licensees must keep an accounting system on a double entry method of accounting with transactions recorded on an accrual basis and in conformity with United States' Generally Accepted Accounting Principles (GAAP).

Recordkeeping.

(4) Licensees must keep detailed, supporting, and subsidiary records including, at least:

(a) Records of all players' checks initially accepted, deposited, and returned as "uncollected," and ultimately written off as "uncollectible"; and

(b) Records of investments in property, including, at least, equipment used directly in connection with the gambling operation; and

(d) Records which identify the purchase, receipt, and destruction of all cards and gambling chips used in wagering; and

(e) Records of services provided for the operation of gambling activities, for example, service provided by gambling service suppliers; and

(f) Master game reports that reflect drop and win amounts for each table, for each game. These records must cover at least each period for which the drop boxes are removed, or at the minimum, the period of each gambling day.

Copies.

(5) Licensees must color code any form, record, or document that requires duplicate or triplicate copies.

(6) If forms, records, and documents are required to be inserted into a locked dispenser, the last copy must remain in a continuous unbroken form in the dispenser.

Storing documents.

(7) All forms, records, documents, and stored data required to be kept and controlled must have the title printed on the item, such as "fill slip," "request for fill slip," "credit slip," "request for credit slip," or "reconciliation."

(8) Licensees must keep all records for a period of not less than three years. At least the last six months of gambling records must be available for inspection on the business premises.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-730, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-735 Keeping employee licensing records.

(1) Licensees must keep a records system on the business premises that ensures all applicable employees have met licensing requirements. The records must include:

(a) Employees' names;

(b) Gambling license numbers;

(d) Photocopies of all current employees' licenses.

(2) Licensees must keep copies of the applications of all employees who have applied for, but have not yet been issued, a license. The records must include:

(a) Temporary employment authorization;

(b) Documentation that the employee has made the required license or transfer fee payment; and

(3) Licensees must notify us if a card room employee does not receive a license within sixty days of employment.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-735, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-740 Preparing required financial statements.

Definitions.

(1) The following definitions apply to all subsections of this rule:

(a) "Financial statements" means documents, including, at least: Balance sheet, statement of income, statement of retained earnings or changes in equity, statement of cash flows, and all required notes or disclosures.

(b) "Card room gross receipts" means all receipts from all house-banked and nonhouse-banked card games offered by the house-banked card room.

(c) "Independent" means there is no relationship that may influence a certified public accountant's impartiality and objectivity in rendering services.

Filing with the commission.

(2) House-banked card game licensees must submit financial statements covering all financial activities of the licensees' business premises for each business year within one hundred twenty days following the end of their business year.

(3) We may authorize a sixty-day extension if a licensee submits a written request explaining the need for the extension.

Audited financial statements - Gross receipts of over six million dollars or when required by another regulatory agency.

(4) Licensees with house-banked card room gross receipts of more than six million dollars for the business year must hire an independent, certified public accounting firm licensed by the Washington state board of accountancy to audit the licensee's financial statements according to Generally Accepted Auditing Standards (GAAS).

Reviewed financial statements - Gross receipts of one to six million dollars.

(5) Licensees with house-banked card room gross receipts of one to six million dollars for the business year must hire an independent, certified public accounting firm licensed by the Washington state board of accountancy to review the licensee's financial statements according to the Statements on Standards for Accounting and Review Services (SSARS) or audit the licensee's financial statements according to GAAS.

Compiled financial statements - Gross receipts of less than one million dollars.

(6) Licensees with house-banked card room gross receipts of less than one million dollars for the business year must hire an independent, certified public accounting firm licensed by the Washington state board of accountancy to compile the licensee's financial statements according to SSARS or audit the licensee's financial statements according to GAAS. This compilation must include all required notes or disclosures on an accrual basis of accounting.

Financial statement preparation.

(7) Licensees must prepare financial statements on a comparative basis. For the first year of operation only, licensees do not have to submit comparative financial statements. Licensees must report gross revenues from each licensed activity separate and apart from all other revenues.

(8) All financial statements must be prepared in accordance with the United States' Generally Accepted Accounting Principles (GAAP).

Consolidated financial statements.

(9) Commonly owned or operated business premises may present consolidated financial statements. Licensees must include consolidated schedules presenting separate financial statements for each licensed card room location.

Change in business year.

(10) Licensees must notify us in writing within thirty days if they change their business year. Licensees must submit financial statements covering the period from the end of the previous business year to the end of the new business year.

History

Statutory Authority: RCW 9.46.070 (12), (14), (21), 9.46.0282. WSR 14-21-089 (Order 706), § 230-15-740, filed 10/13/14, effective 11/13/14. Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-740, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-745 Signature cards.

House-banked card game licensees must keep signature cards in the format we require for all licensed card room employees.

(1) The card must be prepared in the presence of a member of the accounting department, who must review a picture identification card and verify the signer's identity.

(2) Licensees must keep completed cards in a signature card file, sorted by department and listed alphabetically by name. Licensees must review and adjust the signature records as needed to reflect changes of personnel.

(3) Licensees must securely store signature cards in the accounting department.

(4) The cashier's cage must keep a copy of each signature card and cage personnel must use it to verify signatures.

(5) Licensees must retain the signature records for a period of at least one year after employment ends.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-745, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 230-15-750 Signature requirements for documents, records, and forms.

(1) House-banked card game licensees must document each transfer of cash, coins, or chips and verify the transfer with the signature(s) of individual(s) responsible for the records.

(2) By signing documents, records, and forms, signers are indicating that they:

(a) Have prepared them according to the requirements of the accounting system and internal controls; and/or

(b) Attest to the accuracy of the information recorded for which they are responsible.

(3) Signers must sign immediately next to, or above, the clearly printed or preprinted title on all forms, records, and documents.

(4) Signatures must, at least, be the signer's first initial and last name, for example, "B. Smith," and the signer's employee number.

History

Statutory Authority: RCW 9.46.070. WSR 07-09-033 (Order 608), § 230-15-750, filed 4/10/07, effective 1/1/08.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-755, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-758, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-761, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-764, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-767, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 230-15-770 Ticket 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-770, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 230-15-773 Requirements 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

(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

(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

(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

(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

(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

(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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-773, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 230-15-776 Requirements 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-776, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 230-15-779 Requirements 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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-779, filed 9/22/23, effective 10/23/23.

Wash. Admin. Code § 230-15-782 Requirements 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

(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.

History

Statutory Authority: RCW 9.46.070. WSR 23-20-017, § 230-15-782, filed 9/22/23, effective 10/23/23.

Chapter 230-16 Manufacturer, distributor, and gambling service supplier rules.

Wash. Admin. Code § 230-16-001 Manufacturers, distributors, and gambling service suppliers must ensure representatives are licensed.

(1) A licensed manufacturer, distributor, or gambling service supplier must not allow an unlicensed person to sell, promote, or provide its gambling equipment, or supplies, or to supervise those who do, and must take all measures necessary to prevent an unlicensed person from doing so.

(2) A licensed manufacturer must notify us in writing before a manufacturer representative begins representing them.

History

Statutory Authority: RCW 9.46.070. WSR 09-24-012 (Order 664), § 230-16-001, filed 11/20/09, effective 12/21/09
WSR 07-19-069 (Order 615), § 230-16-001, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-010 Manufacturers, distributors, and gambling service suppliers must comply with punch board and pull-tab rules.

Manufacturers, distributors, and gambling service suppliers and their representatives must comply with WAC 230-14-030, 230-14-080, and 230-14-085.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-010, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-015 Punch board and pull-tab sales restrictions.

(1) Manufacturers, distributors, and manufacturer and distributor representatives must sell or distribute punch boards, pull-tabs, pull-tab dispensers, or related equipment only to other distributor, distributor representative, or punch board and pull-tab licensees.

(2) Distributor and distributor representatives must buy punch boards, pull-tabs, pull-tab dispensers, or related equipment only from other licensed manufacturer, distributor, or distributor representatives.

(3) Manufacturers must not sell any punch board or pull-tab series unless the winning punches or pull-tabs are randomly distributed and mixed among all other punches or pull-tabs in that board or series.

(4) Manufacturers, distributors, and manufacturer and distributor representatives must not make sales promotion statements, demonstrations, or implications that imply:

(a) One portion of a pull-tab series contains more winners than other portions; or

(b) Operators can sell pull-tabs in some manner that would give the operator an advantage in selling more pull-tabs before having to pay out winners.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-062 (Order 623), § 230-16-015, filed 1/14/08, effective 2/14/08
WSR 07-19-069 (Order 615), § 230-16-015, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-020 Sales to Indian tribes.

Licensed manufacturers, distributors, and gambling service suppliers may sell to Indian tribes operating Class II activities that are legal under federal law.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-020, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-025 Punch board construction.

Manufacturers must design, construct, and manufacture punch boards to eliminate any patterns between punch boards or portions of punch boards from which someone could determine the location or approximate location of winning punches.

(1) Manufacturers must randomly distribute and mix winning punches among all other punches in the punch board. To ensure no patterns exist, manufacturers must:

(a) Mix the form or permanent number sheets before cutting; and

(b) Thoroughly mix all strips after the strips have been crimped and before inserting them into the punch boards; and

(c) When filling punch boards, change the process for filling each separate set to prevent any pattern between sets of punch boards; and

(d) Include no more than eight punch boards from one set of boards in any case shipped to Washington.

(2) Manufacturers must make serial numbers on punch boards nonsequential to ensure no pattern exists which would allow someone to track the boards through serial numbers.

(3) Manufacturers must:

(a) Guarantee that all numbers or symbols listed as winners on the flare are present in the board; and

(b) Seal all punch boards to prevent anyone from using any method, including light or markings, to discover the number or symbol on a punch before punching it out of the board; and

(4) Manufacturers may place stickers on the back of the punch boards naming additional numbers or symbols they guarantee to be in the board. The additional numbers or symbols must not exceed five percent of the total punches in the board, unless the manufacturer receives written permission from us.

(5) Punch boards are exempt from secondary verification code requirements.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-025, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-030 Step up punch board construction.

Manufacturers of step up boards must:

(1) Completely seal all cards, strips, or punches to prevent winner identification before the punch is removed from the board; and

(2) Thoroughly mix all cards, strips, or punches that contain the winners to ensure that no pattern of winners exists; and

(3) Have at least twenty-five different face sheets for use on boards with seals covering the winners; and

(4) Randomly distribute face sheets during the manufacturing process.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-030, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-035 Pull-tab construction.

Manufacturers must:

(1) File their label or trademark with us before printing pull-tabs; and

(2) Construct, glue, seal, or band pull-tabs to prevent the discovery of the winning numbers, symbols, or set of symbols, or game protection before the pull-tab is dispensed or opened by use of:

(a) Markings; or

(b) Difference in size; or

(d) Color; or

(e) Printing; or

(f) Any other method; and

(3) Construct all pull-tabs so that, when offered for sale to the public, they are virtually opaque and free of security defects detectable by:

(a) High intensity lights; or

(b) Peeking; or

(4) Construct all pull-tabs, except banded and latex covered pull-tabs, using a two or three ply paper stock construction; and

(5) Make winning and losing sheets for each game using the same paper stock; and

(6) For all progressive pull-tab series, make winning and losing sheets for each game using the same paper stock at the same time as the series; and

(7) Conspicuously print the series number and their name, label, or trademark on the pull-tab so both are readily visible before opening the pull-tab; and

(8) Perforate or clean-cut the openings centered over the symbols or numbers to allow players to easily open pull-tabs while preventing pull-tabs from opening prematurely in normal handling. Perforate on both horizontal lines of the opening and either perforate or clean-cut the vertical or elliptical line where players grasp the tab for opening after bending the edge of a ticket down. Manufacturers may include information to show players how to open the pull-tab or remove the latex to determine the symbols or numbers; and

(9) Not repeat series numbers used on that same manufacturer's form number within a three-year period.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-035, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-040 Winner protection and secondary verification codes.

(1) Each manufacturer must create methods of winner protection for each punch board and pull-tab series, except spindle-type pull-tab series. This protection must allow operators, us, and other law enforcement personnel to distinguish opened winning pull-tabs from nonwinning, altered, or forged pull-tabs, or pull-tabs from another series. Manufacturers must:

(a) Establish a primary winner protection for each pull-tab series; and

(b) Use special numbers, colors, designs, ink, or any combination of these to create the primary winner protection; and

(d) Provide a written explanation of each winner protection method to us. The written explanation must include details and pictures, diagrams, or samples necessary to thoroughly explain the method; and

(e) Notify us in writing of any changes to protection schemes; and

(f) Use winner protection to identify winning pull-tabs after they have been purchased and opened and distinguish them from nonwinning pull-tabs.

(2) Pull-tabs that award prizes greater than twenty dollars must use a secondary verification code to prevent counterfeiting. We must approve all secondary verification methods before manufacturers use them within the state.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-040, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-045 Defective punch boards, pull-tabs, or pull-tab dispensers.

(1) If we determine that punch boards, pull-tabs, or pull-tab dispensers do not meet our requirements, the director may order manufacturer(s) to recall all defective products and all similarly constructed or printed products.

(2) If the director orders a recall, we immediately notify the manufacturer of the:

(a) Product to be recalled; and

(b) Reason for the recall; and

(d) Any other specific requirements.

(3) We follow verbal notice with a written notification.

(4) Immediately upon receiving oral notification, manufacturers must cease shipping affected product in the state and initiate actions to ensure complete compliance with the recall.

(5) Manufacturers must notify all distributors within seventy-two hours of:

(a) The items recalled; and

(b) The effective date of recall; and

(6) Once they've been notified, distributors must immediately stop sales and delivery of the product. We notify each licensed distributor, in writing, of:

(a) The recall; and

(b) The effective dates; and

(d) Any special instructions.

(7) Before any reintroduction of any recalled or similar item, the manufacturer must first submit the revised or reworked item to us for review, evaluation, and approval. We notify the manufacturer, in writing, of the approval or disapproval.

(8) The manufacturer must send a copy of the approval letter to distributors with the next five shipments of the reworked item.

(9) Manufacturers must reimburse distributors the actual cost the distributor paid for each punch board, pull-tab series, or pull-tab dispenser the director orders recalled. Manufacturers of recalled punch boards, pull-tab series, or pull-tab dispensers must compensate distributors for time and expenses incurred during a recall. Compensation must not exceed fifty cents per punch board or pull-tab series the distributor actually returned to the manufacturer or twenty-five dollars per pull-tab dispenser.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-045, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-050 Punch board and pull-tab quality control program.

To ensure the integrity of punch boards and pull-tab series, we maintain a quality control program. This program includes a level of inspection and evaluation we deem necessary to ensure punch boards and pull-tabs meet the standards of chapter 9.46 RCW and Title 230 WAC. Manufacturers must pay for administering this program. The program includes at least:

(1) Special inspections - We may select any punch board or pull-tab series to examine in any manner for quality or integrity, including punching out or pulling all chances remaining on the board or series. Manufacturers must reimburse distributors or operators for unused games we select for quality control testing purposes. We determine the reimbursement process. We may bill manufacturers for the cost of quality control investigations which exceed forty hours of our staff time.

(2) Defective punch boards or pull-tab series - When a punch board or pull-tab series is defective, operators must:

(a) Remove the board or series from play and notify us. We complete a quality control report which operators must use to return the board or series to the distributor or manufacturer; and

(b) Return punch boards or pull-tab series which have been opened, prepared for play, or placed out for play to the manufacturer or distributor; and

(c) Return defective or recalled boards or series which are unopened to the distributor or manufacturer without a quality control report.

(3) Credits or reimbursements for defective punch boards or pull-tab series:

(a) Manufacturers must reimburse distributors or operators for the cost of a replacement board or series which are returned under subsection (2) of this section; and

(b) Manufacturers may, at their discretion, reimburse operators for only actual net losses resulting from the play of a board or series because of its defect; and

(i) Must properly record all boards or series returned on a credit memo. WAC 230-16-190 explains requirements for credit memos; and

(ii) May reimburse operators for actual net losses. Manufacturers must keep adequate supporting documentation for all reimbursements.

(4) Our fees to recover costs for defective punch boards or pull-tab series - We may assess a fee for each defective punch board or pull-tab series sold to operators for which we complete a quality control report. We do not assess this fee beyond the fifth series of a particular form number with the same defect.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-050, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-052 Standards for flares.

Flares must clearly display the:

(1) Manufacturer of the punch board or pull-tab series. A stamp, seal or label identifying the manufacturer may be substituted if we have been informed; and

(2) Manufacturer assigned series number; and

(3) I.D. stamp; and

(4) Cost of each punch or pull-tab; and

(5) Total number of punches or pull-tabs in the series. For any newly designed flare or any previously designed flare for pull-tab series with a ticket count over six thousand, which has not yet been packaged, the number of pull-tabs must be printed in one-half inch size lettering; and

(6) Prizes available and the winning number or symbols. For prizes over twenty dollars, the winning numbers or symbols must be printed so each can be permanently and conspicuously deleted off the flare as each prize is won.

(a) A progressive jackpot meter board, for progressive jackpot series, is a supplement to the flare; and

(b) For cumulative prize pool pull-tab games, the seal card prizes from the cumulative prize pool board are not required to be printed on the series flares.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-16-052, filed 8/14/09, effective 1/1/10
WSR 08-03-062 (Order 623), § 230-16-052, filed 1/14/08, effective 2/14/08.

Wash. Admin. Code § 230-16-055 Bonus or step up flares.

In addition to other flare requirements, manufacturers of step up punch board and bonus pull-tab flares must:

(1) Develop and use at least twenty-five randomly distributed versions of flares for each form number of a bonus series; and

(2) Construct flares which contain prizes determined after players receive the corresponding winning chance so that it is impossible to determine the prizes before removing the prize covering; and

(3) Label the middle or advance level with "Advance Section" in at least one-quarter inch lettering; and

(4) Label the top tier level with "Bonus Section" in at least one-quarter inch lettering; and

(5) Clearly state on the flare the number of winners which could be awarded in the top tier level in at least three-eighths inch lettering. In addition, clearly display the number of winners and the number of advances in each advance level; and

(6) Clearly display all prizes for each advance and bonus level so that only the winners within the possible combinations are shown. Where applicable, use the word "or" to show the possible combinations for winning the bonus prizes; and

(7) Not show duplicate references to prizes on the flare.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-055, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-060 Assembly and packaging of pull-tab series.

When assembling and packaging a pull-tab series, manufacturers must:

(1) Place each pull-tab series in one packaging container, unless the number of tickets in the series exceeds 10,000. For pull-tab series that contain more than 10,000 tickets, manufacturers may package the pull-tab series in more than one container if they:

(a) Seal all containers with a sticker or seal and shrink wrap them; and

(b) Identically label each container with a referencing system that identifies at least:

(i) The series number; and

(ii) The total boxes per series; and

(iii) The I.D. stamp numbers; and

(i) The series number; and

(ii) The total cases per set; and

(d) Package and ship each box or case together; and

(e) Package the packing slip and flare with one box of the series; and

(f) Ensure that no case, package, box or container shall be marked to make it distinguishable from any other case, package, box or container within the series; and

(2) Not assemble the winning and losing pull-tabs in a way that would allow prize manipulation; and

(3) Mix pull-tabs before placing them in their final container to ensure pull-tabs are separated from their original collated row position and dispersed among all rows in the container; and

(4) Place a packing slip inside the container with the name of manufacturer, series number, date of packaging, and the name or identification of the person who packaged the series. Manufacturers may print this information on the flare or the outside of the container. Manufacturers must have this information readily available if we request it; and

(5) Print on the outside of the container a message stating that operators must remove the pull-tabs from the container and thoroughly mix them before putting them out for play. Manufacturers must:

(a) Print the information on:

(i) A crack-and-peel sticker and place it on the outside of the packaging container; or

(ii) A packing slip placed inside the container; or

(b) Request our approval to exempt packages of jar tickets from this requirement.

History

Statutory Authority: RCW 9.46.070. WSR 08-03-053 (Order 622), § 230-16-060, filed 1/11/08, effective 2/11/08
WSR 07-19-069 (Order 615), § 230-16-060, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-065 Approvals needed before offering progressive jackpot pull-tab series.

(1) For progressive jackpot series, the director approves:

(a) All gambling equipment for use in the series; and

(b) The process used to manufacture the series; and

(2) Gambling related software must, at least:

(a) Prevent all persons other than the manufacturer representative from changing data once it is entered; and

(b) Retain in memory a record of transactions for a game until the operator totals, prints, and clears the transactions, even if the unit's primary power source is disrupted.

(3) Those requesting approval must pay all costs related to our review.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-065, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-070 Prizes in progressive jackpot pull-tab series.

Prizes for progressive jackpot pull-tab series must meet the following requirements:

(1) Manufacturers must determine the starting jackpot prize and corresponding jackpot accrual rate needed to meet the sixty percent payout requirement. Manufacturers must include this information in the package with each series; and

(2) The minimum jackpot accrual rate must generate an accrued jackpot prize of at least sixty percent of the total gross gambling receipts available from the series when added to the starting jackpot prize and instant winners; and

(3) Instant winners must be at least forty percent of total gross gambling receipts available from the series; and

(4) The starting jackpot must, at least, equal the value of the highest instant winner; and

(5) Maximum contribution to a progressive jackpot for each individual progressive pull-tab series must be five thousand dollars. The contribution amount specifically excludes portions carried over from previous series.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-070, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-075 Assembly and packaging of progressive pull-tab series.

(1) Manufacturers must include the packing slip and flare with the first box of a series.

(2) Manufacturers may package progressive jackpot pull-tab series in more than one container if they:

(a) Shrink wrap all boxes and seal them with a manufacturer sticker or seal; and

(b) Identically label each box with a referencing system that identifies, at least:

(i) Series number; and

(ii) Individual box and total boxes per series (for example, "seven of nine"); and

(iii) I.D. stamp numbers; and

(i) Series number; and

(ii) Case reference and total cases per set; and

(d) Package and ship each box or case together.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-075, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-080 Event pull-tab series.

(1) Manufacturers must ensure that event pull-tab series meet all standards of construction for other pull-tab series; and

(2) Manufacturers must ensure the flare for event pull-tab series meets requirements for flares and substitute flares and explain:

(a) The number of chances available to advance to the event round; and

(b) How the event round winner is determined; and

(d) The number of winning event round pull-tabs at each level.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-080, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-085 Bonus pull-tab series with carry-over jackpots.

Bonus pull-tab series with carry-over jackpots must:

(1) Have not less than one winner out of ten, so the chance of winning the carry-over jackpot is ten percent or higher; and

(2) Have only one advance level on the flare; and

(3) Have at least one guaranteed chance to win the carry-over jackpot; and

(4) Have all chances included on the flare covered to prevent determining the concealed numbers or symbols before the player opens the chance. If perforated windows are used, manufacturers must cover the numbers or symbols with latex, foil, or other approved means; and

(5) Meet all standards for bonus pull-tab flares.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-085, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-090 Secondary win codes for carry-over jackpots.

Manufacturers must ensure that secondary win codes on pull-tab series with carry-over jackpots are not repeated within any three-year period.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-090, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-095 Prizes in carry-over jackpot pull-tab series.

Manufacturers must:

(1) Determine the contribution amount and the method of play and disclose both on the flare; and

(2) Ensure guaranteed prizes are sixty percent or more of gross receipts available from the pull-tab series. "Guaranteed prizes" means all prizes available, excluding the contribution amount or carry-over jackpot; and

(3) Ensure the contribution amount for each series does not exceed five hundred dollars. "Contribution amount" means the amount from each series that is added to the carry-over jackpot.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-095, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-100 Seal card pull-tab series.

(1) Manufacturers of seal card pull-tab series must meet all standards of pull-tab construction, including the seals on the flare; and

(2) The seal card pull-tab series must include forms to attach to the pull-tabs. The forms must list enough information to contact the winners of the seal card round; and

(3) Manufacturers must meet all requirements for flares and substitute flares. The flare may include up to two seals. The second seal may be offered as an additional prize, not as an alternative to the original seal prize; and

(4) The flare must clearly state:

(a) The number of tabs available to advance to the seal card round; and

(b) How the seal card round winner is determined; and

(d) The number of winning seal card round tabs; and

(5) If using perforated windows for the seal on the flare, manufacturers must cover the numbers or symbols to prevent detection of the winner before opening.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-100, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-102 Cumulative prize pool pull-tab games.

(1) Manufacturers of cumulative prize pool pull-tab games must meet all standards of pull-tab construction, including the seals on the board; and

(2) A cumulative prize pool pull-tab game board must include at a minimum:

(a) All seal card prizes; and

(b) Manufacturer's name or logo; and

(d) Form number; and

(e) Cost per play; and

(f) Game name; and

(3) A cumulative prize pool pull-tab game board must have the same number of seals as the number of series in the game.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-16-102, filed 8/14/09, effective 1/1/10.

Wash. Admin. Code § 230-16-104 Cumulative prize pool pull-tab series flare.

A cumulative prize pool pull-tab series flare must meet the requirements of WAC 230-16-052 and include at a minimum:

(1) A perforated window or seal; and

(2) A list for players to write their name on for the chance to open a seal on the cumulative prize pool pull-tab board.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-077 (Order 657), § 230-16-104, filed 8/14/09, effective 1/1/10.

Wash. Admin. Code § 230-16-105 Disposable bingo cards.

(1) Manufacturers of disposable bingo cards must:

(a) Create quality control methods to ensure manufacturing processes, including collating of bingo cards into packets, meet our requirements; and

(b) Document these methods; and

(2) Manufacturers must collate packets of cards so that each page:

(a) Is from a different set of cards; and

(b) Has consistent skips throughout the entire collation; and

(d) Has a different color or border pattern.

(3) Manufacturers must prepare and make available a master verification system for each type or product line of bingo cards they make to provide operators and us the ability to verify winning cards. Master verification systems must:

(a) Provide a facsimile of each card within a set of cards by the card number; and

(b) Display the exact numbers and the location or configuration of numbers or symbols on the card.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-105, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-110 Duplicate bingo cards.

(1) We prohibit duplicate cards within a specific product line. Manufacturers must:

(a) Imprint each card in a specific product line with a unique set of numbers and unique configurations of numbers; and

(b) Ensure that there are no duplicate cards in a set or collation sold to distributors or operators.

(2) Manufacturers may collate duplicate cards into packets if they:

(a) Locate the duplicates at different page levels in the packets; and

(b) Indicate to the buyer that they intend those cards for use only during separate games within a session, including "on-the-way" games.

(3) If manufacturers discover duplicate cards, or we or another licensee notify them of duplicate cards, they must immediately:

(a) Stop marketing the product line containing duplicate cards; and

(b) Recall all sets and collations of packets or books containing duplicate cards at the same page level; and

(c) Take steps to correct manufacturing or collating processes to ensure they do not sell duplicate cards to operators, and inform us in writing about the steps taken; and

(4) When we validate claims, manufacturers must reimburse:

(a) Operators who submit claims for prizes paid because of duplicate cards; and

(b) Us for all of our costs incurred investigating duplicate card complaints.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-110, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-120 Bingo card manufacturing control system.

(1) In each set of bingo cards, manufacturers must include a control system that:

(a) Identifies each card by a card number printed on the face of the card. However, we exempt "player selection" game cards from this requirement; and

(b) Consecutively numbers each sheet of cards within a set. However, if manufacturers have alternative controls and they disclose those to operators, they do not have to number the sheets; and

(c) Assigns each set of cards manufactured as a specific product line, using the same color and border pattern, and a unique serial number. Manufacturers must print the serial number on each card; and

(d) Identifies that specific set and each specific card within that set; and

(e) Tracks the transfer of cards from the point of manufacture to operators; and

(f) Facilitates sale by the operator to the player.

(2) We approve all new control systems.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-120, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-125 Disposable bingo card packing slip and package label.

Manufacturers of disposable bingo cards must establish marketing units that are complete and contain the correct number of cards or packets they have chosen. Manufacturers must complete a packing slip for each set of cards or collation of packets and either enclose it inside the shipping container or in an envelope attached to the container. Additionally:

(1) Manufacturers must label each marketing unit in a way that allows the contents to be determined without opening. The label must include, at least:

(a) Serial number or, if packets, serial number of the top page; and

(b) Color and border pattern or, if packets, color and border pattern of the top page; and

(2) If the marketing unit contains more than one container, manufacturers must include the packing slip in or attach it to the first container. The packing slip must include:

(a) The manufacturer's name; and

(b) Descriptions of the product, including the "series," "on," "cut," and "up"; and

(d) The serial number or, if packets, the serial number of the top page; and

(e) The color and border pattern or, if packets, colors and border patterns of all sets and the collation sequence; and

(f) A record of any skips (missing cards, sheets of cards, or packets); and

(g) The number of the carton and the total number of cartons included in the marketing unit.

(3) Manufacturers must mark the specific cards or packets on the marketing unit packing slip. Manufacturers may have a margin of error up to one percent, as long as they document all missing cards, sheets, or packets on the packing slip enclosed in the first container of the marketing unit. We prohibit shipping of marketing units with a margin of error greater than one percent.

History

Statutory Authority: RCW 9.46.070. WSR 22-17-008, § 230-16-125, filed 8/4/22, effective 9/4/22
WSR 07-19-069 (Order 615), § 230-16-125, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-130 Disposable bingo card sales.

(1) Manufacturers of disposable bingo cards must sell each set or collation as a single unit.

(2) We allow distributors to open containers for licensed operators and operators of authorized unlicensed activities:

(a) At an operator's request to change the "on," "up," and "cut." When a modification is made, the distributor must reseal the carton and note all changes on the packing label; or

(b) To provide cards to individuals for recreational activities; or

(3) Subsets must have at least one container, except distributors may open the container and sell cards in smaller quantities described in subsection (2) of this section.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-16-130, filed 2/9/18, effective 7/1/18
WSR 07-19-069 (Order 615), § 230-16-130, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-135 "Player selection" bingo cards.

Manufacturers and distributors of "player selection" bingo cards must:

(1) Meet all requirements for disposable bingo cards; and

(2) Print cards on two-part, self-duplicating paper that provides an original and duplicate copy.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-135, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-140 "Hidden face" bingo cards.

Manufacturers and distributors of "hidden face" bingo cards must:

(1) Meet all requirements for disposable bingo cards; and

(2) Print, fold, and seal each card or sheet of cards so that no one may determine the numbers or configurations of numbers on the card, or the card number until opened; and

(3) Have a separate numbering system for each card or sheet that randomly distributes numbers that is not connected with the card number printed in the "free" space; and

(4) Mix cards or sheets so that:

(a) No relationship exists between the card numbers and separate numbering system within a set or subset; and

(b) No patterns or consistent relationships of location exist between specific card numbers in subsets from different sets; and

(5) Imprint the serial number and the card or sheet number from subsection (3) of this section on the outside of the cards or sheets of cards so that it is visible for recording without opening; and

(6) Make sets of cards that contain at least six thousand unique faces or patterns of numbers. Subsets of "hidden face" bingo cards must contain at least one thousand cards or sheets of cards.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-140, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-145 Electronically generated bingo card computer systems.

Manufacturers of electronically generated bingo cards for electronic bingo daubers must use a computer to store the bingo cards and interface with a printer. The computer must:

(1) Retain in memory a record of transactions for a session until the operator totals, prints, and clears the transactions, even if the unit's primary power source is disrupted; and

(2) Compute a total of all transactions occurring during the current session and print out the total on request; and

(3) Maintain and control the time and date of sale and transaction number in a manner that prohibits change or resetting except by the manufacturer or qualified service personnel. Operators must retain a detailed record, supported by service documents for each service call involving a change of the time, date, or transaction number; and

(4) Secure the electronically stored bingo cards in a way that prevents an operator or player from modifying them. The system must not allow operators to exchange, transfer, refund, or modify the price of cards issued to a player in any way after the sale is made. The system must store cards on "erasable programmable read only memory" (EPROM), "compact disc read only memory" (CDROM), "write once read many" disc drives (WORM), or other systems we approve.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-145, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-150 Control system for electronically generated bingo cards.

Manufacturers of electronically generated bingo cards for electronic bingo daubers must imprint their cards with a control system that includes at least:

(1) A card number; and

(2) A consecutive transaction number for each sheet of cards that does not repeat in less than 999,999 transactions; and

(3) The name of the licensee operating the activity; and

(4) The time and date of the transaction; and

(5) The game number; and

(6) The amount paid for the opportunity to play each game. If the operator uses the combination receipting method, they may substitute the customer receipt number; and

(7) The total amount paid; and

(8) The face number and the card number the manufacturer assigned or, if used in "player selection games," the face numbers the player selected.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-150, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-151 Gambling equipment connecting to external tools for standard maintenance.

(1) The following gambling equipment can be connected to external tools for standard maintenance only through a closed network:

(a) Card shuffling devices; and

(b) Ace finders or no peek devices; and

(2) For purposes of this rule:

(a) A closed network includes only the gambling equipment and the external tool.

(b) Standard maintenance means:

(i) Reviewing event logs on gambling equipment, which can consist of card and software errors.

(ii) Installing and uninstalling card libraries and card calibration files.

(iii) Configuring touch screen calibration.

(iv) Gathering diagnostic information.

(v) Verifying the hardware board type(s).

(vi) Reviewing the number of times the equipment has been powered up.

(vii) Reviewing the total number of operating cycles.

(c) External tools may only include laptops, tablets, USB products, or similar products approved by us, containing troubleshooting programs, which will connect to the gambling equipment via their Ethernet or USB ports.

(3) The following requirements apply when using external tools:

(a) A functional replica of the external tools and their troubleshooting programs must be tested and approved by us before they are first used; and

(b) During standard maintenance, the gambling equipment must not be in play or have access to live gaming data; and

(c) Wireless capabilities must not be used when an external tool is connected to gambling equipment. If an external tool has wireless capabilities, it must be tested by us to ensure wireless capabilities are disabled when connected to the gambling equipment; and

(d) There must be no access to the internet; and

(e) The connection for maintenance must only exist while the manufacturer representative or distributor representative is performing maintenance; and

(f) When standard maintenance is performed, the operator must keep a log in the format we require and access to the gambling equipment must be recorded by surveillance; and

(g) The external tools must only be in possession of a manufacturer representative or distributor representative.

History

Statutory Authority: RCW 9.46.070. WSR 13-03-064 (Order 684), § 230-16-151, filed 1/11/13, effective 2/11/13.

Wash. Admin. Code § 230-16-152 Card shuffling devices connecting to a secure cellular network for billing purposes.

Card shuffling devices can be connected to a secure cellular network for billing purposes.

(1) For the purposes of this rule:

(a) A secure cellular network includes the card shuffling device and a cellular modem that is used to transmit information via a secure cellular network.

(b) Billing purposes means transmitting historical shuffler data that is used when billing is based on the number of successful shuffles. Shuffler data includes:

(i) Equipment statistics such as software versions, serial numbers, network information, hard count meters, and shuffler configuration information; and

(ii) Usage information such as hard count meters, successful and unsuccessful shuffles, shuffles completed by service, number of card sorts, and the number of cards in each shuffle; and

(iii) History logs such as shuffler malfunctions, card recognition errors, and maintenance logs; and

(iv) Test messages used for setup.

(2) The following requirements apply when connecting card shuffling devices to a secure cellular network for billing purposes:

(a) An identical or substantially similar card shuffling device connected to a secure cellular network must be tested and approved by us, as outlined in WAC 230-06-050, before it can be used; and

(b) The transmitted data must not include card specific information, live gaming data, or any other gambling information; and

(c) Except for a confirmation notification from the network that the shuffler data was successfully received, there may only be one-way communication from the card shuffling device to the secure cellular network; and

(d) Transmitted information may only be accessed by the licensee or licensed manufacturer; and

(e) A record must be kept of all information transmitted and made available to us upon request.

History

Statutory Authority: RCW 9.46.070. WSR 19-15-061, § 230-16-152, filed 7/15/19, effective 8/15/19.

Wash. Admin. Code § 230-16-153 Remote access of electronic raffle systems.

Electronic raffle systems may be accessed remotely, at any time, only by a licensed representative of the manufacturer of the equipment for repair, troubleshooting, or technical support under the following provisions:

(1) In order to be approved to remotely access the electronic raffle system, the manufacturer must:

(a) Submit an application and documentation as required in WAC 230-06-050; and

(b) Have the remote access solution tested. This may be done by:

(i) Submitting and transporting a working model of the remote access solution and related documentation, in the format we require, to us for testing and approval; or

(ii) Have the remote access solution tested on-site by us; and

(2) For the purpose of continued monitoring, we may retain a working model or components after approval for as long as the remote access solution is in use in the state; and

(3) The manufacturer must notify and receive approval from the electronic raffle licensee before remotely accessing the electronic raffle system for the reasons outlined above; and

(4) The manufacturer must notify us within 24 hours after the remote access has occurred; and

(5) The remote access must occur using a dedicated and secure communication protocol or application utilizing encryption such as a virtual private network (VPN); and

(6) The remote access must only be conducted through a laptop or computer owned and issued by the manufacturer and must meet the following requirements:

(a) Employ full disk encryption; and

(b) Have a mechanism to detect and prevent installation of spyware, key loggers, hacking tools, or other malicious software; and

(d) Employ active firewall software; and

(e) Be conducted in a secure location where only the manufacturer or licensed representatives can be present while accessing the electronic raffle system remotely; and

(7) All remote access to the electronic raffle system must use multifactor authentication; and

(8) The communication must pass through at least one application-level firewall and not have the ability to allow for an alternate network path; and

(9) Remote access shall only be enabled for the duration of repair, troubleshooting, or technical support and the connection terminated immediately after; and

(10) Security standards for the remote access must be at least equivalent to commonly accepted national and international best practices for IT security such as National Institute of Science and Technology (NIST) standards as they currently exist or may be amended in the future; and

(11) An electronic log shall be maintained by the electronic raffle system for documentation and audit purposes and must include the following information about all remote access to the electronic raffle system:

(a) Name and license number of manufacturer representative that accessed the system; and

(b) Time and date the connection was made; and

(d) Reason for the remote access; and

(e) Any action taken, or further action required; and

(12) The manufacturer must disable access for an employee that is no longer with the company within 24 hours of termination.

History

Statutory Authority: RCW 9.46.070. WSR 21-21-079, § 230-16-153, filed 10/18/21, effective 11/18/21.

Wash. Admin. Code § 230-16-155 Electronic card facsimiles.

(1) Manufacturers of electronic card facsimiles must ensure their system:

(a) Produces accurate facsimiles of one or more standard deck(s) of cards; and

(b) Randomly shuffles cards before each round of play or shoe loading; and

(d) Contains security protocols which prevent unauthorized access; and

(e) Is operated by card room personnel and does not allow players to play solely against the equipment; and

(f) Allows testing of the computer software; and

(g) Operates only under card room internal controls specific to each system.

(2) Manufacturers must have a licensed game testing laboratory test and certify that the system complies with subsection (1) of this section.

(3) Manufacturers must also submit their system to us for testing, as explained in WAC 230-06-050, with the certification from the independent laboratory and receive our approval before operating the system.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-155, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-158 Preshuffled cards.

Manufacturers of preshuffled cards must:

(1) Obtain approval from the director or director's designee for the automated shuffling device used to preshuffle cards; and

(2) Implement a process for producing, shuffling, and packaging preshuffled cards which will, at a minimum, include:

(a) Visual inspection of the back of each card to assure that it is not flawed, scratched or marked in any way that might compromise the integrity or fairness of the game;

(b) Verification that each package of cards contains the correct number of suits and is constituted in accordance with the specific rules of the game the cards are intended for use;

(c) Inserting the cards in a package with a tamper-proof package seal(s) that bears the conspicuous indication if the package has been opened. The exterior of the package will indicate:

(i) The total number of decks contained within the package; and

(ii) The game(s) the cards are intended for use; and

(iii) The color of the preshuffled cards.

(d) Generation of a receipt to be inserted in the sealed package or a label on the sealed package, which shall include the following information:

(i) The total number of cards and decks contained within the package. If using an exterior label, this information will suffice for (c)(i) of this subsection;

(ii) The date and time the preshuffled cards were shuffled, packaged, and verified;

(iii) Identification of the manufacturer's employee who shuffled, packaged, and verified the cards; and

(iv) The manufacturer, model and serial number of the production line or device used to shuffle the cards.

History

Statutory Authority: RCW 9.46.070. WSR 18-11-058, § 230-16-158, filed 5/10/18, effective 7/1/18.

Wash. Admin. Code § 230-16-160 I.D. stamps for gambling equipment.

Manufacturers must permanently and prominently attach our I.D. stamps to their gambling equipment. Once attached, no one may remove or tamper with the I.D. stamps. Manufacturers must attach I.D. stamps to:

(1) Punch boards; and

(2) Pull-tab flares.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-16-160, filed 3/30/18, effective 7/1/18
WSR 07-19-069 (Order 615), § 230-16-160, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-165 Obtaining I.D. stamps.

(1) Manufacturers must obtain I.D. stamps from us and attach them to the equipment specified in this chapter.

(2) Any manufacturer may return damaged stamps to us with a detailed listing of the damaged stamps. We will then replace the I.D. stamps.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-16-165, filed 3/30/18, effective 7/1/18
WSR 07-19-069 (Order 615), § 230-16-165, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-170 I.D. stamps must be visible.

(1) I.D. stamps on gambling equipment must be visible to allow inspection.

(2) If equipment is packaged within protective materials, the I.D. stamps must be visible for inspection without removing any of the packaging (for example, shrink wrap).

(3) If more than one piece of gambling equipment is packed in a container, manufacturers must list the I.D. stamp numbers on the outside of the container.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-170, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-175 Placing I.D. stamps and records entry labels.

Manufacturers must attach I.D. stamps and records entry labels to approved gambling equipment in the following way:

(1) Punch boards - On the reverse side of the board in an area that will not obstruct removal of punches. If sufficient space is not available on the reverse side, licensees may wrap the records entry labels around or partially attach them to the edge of the punch board as long as this does not obstruct display of prizes available or other information we require.

(2) Pull tabs - On the face or reverse side of the flare. If placed on the face, the I.D. stamps and records entry labels must not obstruct prizes available or other information we require.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-16-175, filed 3/30/18, effective 7/1/18
WSR 07-19-069 (Order 615), § 230-16-175, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-180 Record retention for I.D. stamp records.

Manufacturers must keep records that provide an accountability trail for all I.D. stamps.

(1) For I.D. stamps attached to gambling equipment and sold, manufacturers must keep the I.D. stamps records for at least three years and include, at least:

(a) The name of the purchaser;

(b) The date of the sale; and

(2) For all unused or damaged I.D. stamps, manufacturers must indefinitely retain the I.D. stamps or provide records that include enough detail to allow us to account for all I.D. stamps.

History

Statutory Authority: RCW 9.46.070. WSR 18-08-056, § 230-16-180, filed 3/30/18, effective 7/1/18
WSR 07-19-069 (Order 615), § 230-16-180, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-185 Accounting records for manufacturers and distributors.

Manufacturers and distributors must keep and maintain a complete set of records for their licensed activity. They must, at least:

(1) Use the double entry accounting method, update these records at least once a month and provide a monthly balance for each account; and

(2) Maintain their records in accordance with generally accepted accounting principles and ensure the records can be reconciled to the licensee's federal income tax return; and

(3) Keep:

(a) Cash disbursements book (check register) - Manufacturers and distributors must document all expenses, both gambling and nongambling related, with invoices or other appropriate supporting documents. They must enter information monthly and include, at least:

(i) The date the check was issued or payment made;

(ii) The number of the check; and

(iii) The name of the payee; and

(iv) Type of expense; and

(b) Cash receipts - Manufacturers and distributors must keep a record of cash sales and cash received from all sources. They must enter information for each payment received monthly and include, at least, the:

(i) Date; and

(ii) Name of the person paying; and

(iii) Amount; and

(c) General ledger - Manufacturers and distributors whose gambling related sales are greater than five hundred thousand dollars per year must have a general ledger which contains, in addition to all other accounts by month, a separate sales account for each type of sale; and

(d) Bank reconciliation - Manufacturers and distributors must reconcile their accounts each month. "Reconcile" means the manufacturer or distributor must compare the two balances, resolve any differences, and document the comparison and the differences in writing; and

(e) Copies of all financial data - Manufacturers and distributors must keep copies of all financial data that supports tax reports to governmental agencies; and

(4) Maintain copies of all agreements regarding sales or leasing of gambling equipment and supplies that fully disclose all terms.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-185, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-187 Accounting records for manufacturer's special sales permit holders.

Holders of a manufacturer's special sales permit must keep and maintain a complete set of records for their permitted activity. They must, at least:

(1) Keep a:

(a) Cash disbursements book (check register) - Permit holders must document all expenses, both gambling and nongambling related, with invoices or other appropriate supporting documents. They must enter information monthly and include, at least:

(i) The date the check was issued or payment made; and

(ii) The number of the check; and

(iii) The name of the payee; and

(iv) Type of expense; and

(b) Cash receipts - Permit holders must keep a record of cash sales and cash received from all sources. They must enter information for each payment received monthly and include, at least, the:

(i) Date; and

(ii) Name of the person paying; and

(iii) Amount; and

(c) Copies of all financial data - Permit holders must keep copies of all financial data that supports tax reports to governmental agencies.

(2) Maintain copies of all agreements regarding sales or leasing of gambling equipment and supplies that fully disclose all terms.

(3) Comply with the recordkeeping requirements outlined in chapter 230-16 WAC, except for WAC 230-16-185, 230-16-200, and 230-16-215.

History

Statutory Authority: RCW 9.46.070(4). WSR 14-15-130 (Order 701), § 230-16-187, filed 7/22/14, effective 1/1/15.

Wash. Admin. Code § 230-16-190 Sales invoices for manufacturers and distributors.

Manufacturers and distributors must document each sale of equipment or services, any return or refund, or any other type of transfer of punch boards, pull-tabs, pull-tab dispensers, or bingo equipment, including bingo cards, with a standard sales invoice.

Sales invoices and credit memos - These invoices and credit memos must:

(1) Be prenumbered sequentially at the time of purchase, using not less than four digits. Manufacturers and distributors may use computer generated numbering systems if:

(a) The system numbers the invoices and credit memos sequentially; and

(b) The manufacturers and distributors use the same system for all sales; and

(2) Record:

(a) The date of sale. Distributors must also enter the date of delivery if different from the date of sale; and

(b) The customer's name and complete business address; and

(c) A full description of each item sold or service provided, including the I.D. stamp number for each item, if attached; and

(d) The quantity and price of each item, including each merchandise prize for punch boards or pull-tabs; and

(e) The gross amount of each sale, including all discount terms and the total dollar amount of any discount; and

(3) Have three parts including, at least:

(a) The original, which must be given to the customer; and

(b) One which must be filed by customer name; and

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-190, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-195 Additional requirements for sales invoices.

(1) In addition to the requirements of WAC 230-16-190, manufacturers and distributors must complete sales invoices that include:

(a) For distributors, a separate line for each I.D. stamp number; and

(b) Space for the operator to either attach a records entry label or enter the I.D. stamp number and the date they placed the equipment out for play, adjacent to the written entry the distributor makes; and

(i) Trade name of the game; and

(ii) Type of gambling equipment; and

(iii) Form number or other manufacturer-assigned method to specifically identify a board or series, including the size or number of chances; and

(iv) I.D. stamp number; and

(d) For each pull-tab dispenser, at least:

(i) Trade name of the dispenser; and

(ii) Type of dispenser; and

(iii) I.D. stamp number; and

(e) For each set of cards or collation of packets of disposable bingo cards, at least:

(i) Type of product, including product line; and

(ii) Description of product, including the number of cartons, "series," "on," "cut," and "up"; and

(iii) Serial number or, if packets, serial number of the top page; and

(iv) Color and border pattern or, if packets, color and border pattern of the top page; and

(v) The unit or package number when a series or collation has been divided; and

(vi) For disposable bingo cards to be sold for linked bingo prize games the beginning and ending sheet numbers sold to or returned from the operator; and

(f) For merchandise prizes, at least:

(i) The date of purchase; and

(ii) The company's name and complete business address; and

(iii) A full description of each item purchased; and

(iv) The quantity of items purchased; and

(v) The cost per individual items purchased; and

(g) For sequentially prenumbered card game recordkeeping forms, at least:

(i) Type of form; and

(ii) Beginning and ending serial numbers; and

(iii) Quantity of forms; and

(h) For all other gambling equipment, at least:

(i) Trade name of device; and

(ii) Type of device; and

(iii) Serial number or other identification numbers or characteristics; and

(2) Manufacturers and distributors must record and maintain information documenting the sales of progressive jackpot pull-tabs in a separate filing system. They may use a computerized system to separately track this information and provide immediate reports.

History

Statutory Authority: RCW 9.46.070. WSR 22-17-008, § 230-16-195, filed 8/4/22, effective 9/4/22. Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 08-22-068 (Order 635), § 230-16-195, filed 11/4/08, effective 1/1/09. Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-195, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-200 Sales journals for manufacturers and distributors.

Manufacturers and distributors must keep a monthly sales journal containing, at least:

(1) Each date of sale; and

(2) Each sale invoice number; and

(3) The name of the person paying; and

(4) Sales by category, including:

(a) Punch boards that pay out:

(i) Cash; and

(ii) Merchandise prizes; and

(b) Pull-tab series that pay out:

(i) Cash; and

(ii) Merchandise prizes; and

(d) Merchandise intended for punch boards or pull-tab series prizes; and

(e) Bingo equipment; and

(f) Sales directly related to gambling activities, including pull-tab dispensers, equipment leases, or sales and supplies; and

(5) The total amount of each invoice.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-200, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-205 Record retention for manufacturers and distributors.

Manufacturers and distributors must retain the following for at least three years after the end of their fiscal year:

(1) All required accounting records; and

(2) Monthly records; and

(3) Sales invoices; and

(4) Sales receipts; and

(5) Sales journals; and

(6) Credit memos.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-205, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-210 Alternative formats for recordkeeping.

Manufacturers and distributors must receive advanced written approval from us for any alternative format of recording, such as:

(1) Sales invoice numbers explained in WAC 230-16-190 (1)(a); or

(2) Invoice files by customer name and invoice number; or

(3) Tracking progressive jackpot pull-tab series; or

(4) Sales journals; or

(5) Cash disbursements book (check register).

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-210, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-16-215 Accounting records and record retention for gambling service suppliers.

Gambling service suppliers (service suppliers) must maintain records that document services they provide and receipts of payments for those services.

(1) Service suppliers must maintain an accounting system that includes, at least:

(a) Sales invoices - Sales invoices or detailed monthly billing statements issued to each customer. Service suppliers must maintain copies of these invoices or billing statements on their premises; and

(b) Sales journal - The sales journal must contain, at least, the following by month:

(i) Date of sale; and

(ii) The invoice number; and

(iii) The name of the person paying; and

(iv) Category of each service provided; and

(v) Payment amount; and

(c) Cash receipts - Service suppliers must record all cash receipts in an original book of entry like a sales journal, a check register, or a separate cash receipts journal. This record must include cash sales and cash received from all sources and, at least the following, by month:

(i) Date the payment was received; and

(ii) Name of the person paying; and

(iii) Payment amount; and

(d) Bank statements - Service suppliers must maintain copies of all deposits, deposit slips, and receipts; and

(e) General ledger - Service suppliers whose gambling related activities are greater than five hundred thousand dollars per year must have a general ledger which contains, in addition to all other accounts by month, a separate sales account for each type of activity; and

(f) Copies of all financial data - Service suppliers must maintain copies of all financial data that supports tax reports to governmental agencies.

(2) Service suppliers must:

(a) Maintain copies of all contracts they enter into with their customers which fully disclose all terms; and

(b) Keep and maintain required records for three years following the end of their fiscal year.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-069 (Order 615), § 230-16-215, filed 9/17/07, effective 1/1/08.

Chapter 230-17 Hearing rules.

Wash. Admin. Code § 230-17-001 Administrative charges and adjudicative proceedings.

If we bring administrative charges against anyone, we give an opportunity for an adjudicative proceeding (hearing). We give the opportunity for a hearing to:

(1) Applicants to determine whether to deny the application; and

(2) Licensees to determine whether to suspend or revoke the license if they held a license at the time we issued charges against them; and

(3) Applicants for approval of pull-tab dispensers to determine whether to deny approval of the dispenser.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-001, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-002 Administrative rules.

In addition to these rules, for full adjudicative proceedings the commission adopts the model rules of procedure as set forth in WAC 10-08-035 through 10-08-230, as amended. If there is a conflict between the model rules and this chapter, the rules in this chapter shall govern.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-002, filed 10/20/25, effective 11/20/25.

Wash. Admin. Code § 230-17-005 Issuing notice of administrative charges.

The director or director's designee issues a notice of administrative charges. We serve the applicant, licensee, or permittee with the notice. The notice must include:

(1) A short and plain statement of the matters the agency asserts; and

(2) A request for hearing form; and

(3) A form to request an interpreter at the hearing for persons with limited English skills or hearing impairment; and

(4) The maximum penalty.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-005, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-010 Requesting and scheduling a hearing.

(1) Applicants, licensees, or permittees may request a hearing using the form we provide.

(2) We must receive the request from the applicant, licensee, or permittee at our administrative office within 23 days after service of the notice.

(3) If applicants, licensees, or permittees do not file requests in the time required, then they waive their right to a hearing. They are in default, as defined in RCW 34.05.440, and the commissioners may take action against them up to the maximum penalty stated in the notice of administrative charges.

(4) The director, director's designee, or the presiding officer of the hearing must issue a notice of hearing which meets the requirements of RCW 34.05.434(2).

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-010, filed 10/20/25, effective 11/20/25
WSR 08-23-077 (Order 636), § 230-17-010, filed 11/18/08, effective 1/1/09
WSR 07-21-156 (Order 615), § 230-17-010, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-015 Settlements encouraged.

After charges have been issued, we encourage parties' efforts to settle without the need for an adjudicative hearing.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-015, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-020 Prehearing conferences.

The presiding officer, on his or her own motion or on the motion of one of the parties, may direct the parties to appear at a specified time and place for a prehearing conference to consider:

(1) Identifying and simplifying the issues; and

(2) Amending pleadings, if necessary; and

(3) Obtaining stipulations of facts and of documents; and

(4) Limiting the number of witnesses; and

(5) Setting discovery deadlines or resolving discovery disputes; and

(6) Scheduling a settlement conference before an administrative law judge; and

(7) Scheduling the hearing date; and

(8) Resolving any other matter that may aid in the outcome of the proceeding.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-020, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-025 Appointment of administrative law judge or "presiding officer."

(1) The commissioners hereby appoint the office of administrative hearings to assign an administrative law judge (ALJ), called the "presiding officer," to preside at all hearings which result from administrative charges, unless:

(a) The commissioners, by their own order, declare their intent to preside at a specific proceeding; or

(b) The proceeding is an appeal of an initial order issued by an ALJ.

(2) All hearings must be conducted in compliance with Title 230 WAC and chapter 34.05 RCW.

(3) The presiding officer is authorized to modify an administrative penalty sought by commission staff against the applicant, licensee, or permittee.

History

Statutory Authority: RCW 9.46.070. WSR 09-03-025 (Order 639), § 230-17-025, filed 1/9/09, effective 2/9/09
WSR 07-21-156 (Order 615), § 230-17-025, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-030 Methods of service.

Parties must serve all orders, notices, pleadings, and other documents by:

(1) Personal service; or

(2) First class, registered, or certified mail; or

(3) Commercial parcel delivery service; or

(4) Electronic transmission by email as authorized by RCW 34.05.010(19). Parties are required to provide a valid email address in any request for hearing.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-030, filed 10/20/25, effective 11/20/25
WSR 07-21-156 (Order 615), § 230-17-030, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-035 When service of notices, orders, and documents is complete.

Service of notices and other documents is complete when served by:

(1) Personal service - which means actual, physical delivery to:

(a) The person; or

(b) The designated agent of the person; or

(i) The person; or

(ii) A corporate officer; or

(d) If represented, the attorney representing the person.

(2) Mail - which means deposit in the United States mail with proper postage and properly addressed; or

(3) Commercial parcel delivery service - which means delivery to the parcel delivery service, when properly addressed and all charges are paid.

(4) Electronic transmission - Service is considered complete upon transmission of the documents or electronic method to access such documents to the email address provided by a party.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-035, filed 10/20/25, effective 11/20/25
WSR 07-21-156 (Order 615), § 230-17-035, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-040 Filing documents for adjudicative proceedings.

(1) We consider required documents "filed" on receipt of the documents at our administrative office accompanied by proof of service on all parties required to be served.

(2) Delivery to our administrative office when we are not present to receive the documents in person does not constitute lawful service of documents for any matter under our jurisdiction.

(3) When a party is filing a document with the commission, the attorney general's office must also be served.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-040, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-045 Who can appear in a representative capacity at hearings.

The following persons may appear in a representative capacity at hearings or other legal proceedings:

(1) Individuals representing themselves or their business (pro se); and

(2) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington; and

(3) Attorneys entitled to practice before the highest court of record of any other state, if Washington attorneys are permitted to appear before administrative agencies of the other state, and if not otherwise prohibited by our state law; and

(4) Interpreters for persons with a limited understanding of the English language or hearing impaired persons; and

(5) Other persons the commissioners may allow, if a party shows a necessity or a hardship that would make it unduly burdensome to have one of the representatives set out above.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-045, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-050 Standards of ethical conduct.

(1) Anyone appearing in proceedings before the commission in a representative capacity must conform to the standards of ethical conduct the courts of Washington require of attorneys.

(2) If the person does not conform to these standards, the commission may decline to allow that person to appear before them.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-050, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-055 Issuing, quashing, and responding to subpoenas.

(1) The commission and the attorney for a party may issue subpoenas according to the requirements of RCW 34.05.446. Unrepresented (pro se) parties may request the presiding officer to issue for them such subpoenas as are necessary to enable them to fairly present their case. Every subpoena must:

(a) State the name of the commission; and

(b) State the title of the adjudicative proceeding; and

(c) Command the persons to whom they are addressed to attend and give testimony, produce books, records, documents, or things under their control at a specified time and place.

(2) All parties must serve their subpoenas on all other parties at least ten days before the specified time for appearance or document production.

(3) Any person eighteen years of age or older may serve subpoenas by showing and reading the subpoenas to witnesses, or by giving them a copy of the subpoena, or by leaving a copy at their residence.

(4) When anyone other than an officer authorized to serve process performs service, the server must make proof of service by affidavit or a declaration under penalty of perjury.

(5) If a party makes a motion at or before the time stated for compliance in the subpoena, the presiding officer may:

(a) Quash or modify an unreasonable and oppressive subpoena; or

(b) Order the person who issued the subpoena to pay the reasonable cost of producing the books, papers, documents, or tangible things.

(6) Parties may seek judicial enforcement of subpoenas under RCW 34.05.588.

(7) Witnesses must attend and provide requested testimony or documents at the specified time and place.

(8) During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the presiding officer may at his or her discretion continue the hearing and:

(a) Set the hearing ahead to a certain date; and

(b) Subpoena, or allow a party to subpoena, additional argument or evidence.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-055, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-060 Official notice.

The commission or the presiding officer may officially notice, on request made before or during a hearing or on its own motion, at least:

(1) Federal law. The Constitution; congressional acts, resolutions, records, journals and committee reports, decisions of federal courts and administrative agencies; executive orders and proclamations; and all rules, orders and notices published in the federal register; and

(2) State law. The Constitution of the state of Washington, acts of the legislature, resolutions, records, journals and committee reports; decisions of administrative agencies of the state of Washington, executive orders and proclamations by the governor; and all rules, orders and notices filed with the code reviser; and

(3) Governmental organization. Organization, territorial limitations, officers, departments, and general administration of the government of the state of Washington, the United States, the several states and foreign nations; and

(4) Agency organization. The commission's administration, officers, personnel, official publications, and contents of licenses and certifications; and

(5) Tribal compact. A Washington tribe's compact with the state of Washington for Class III gaming and any appendices or amendments to it.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-060, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-065 Depositions and interrogatories.

(1) Parties may take testimony by deposition on oral examination (deposition) or written questions (interrogatories) for use as evidence in the administrative hearing. A party may serve no more than 30 interrogatories, including all discrete subparts, and no more than 30 requests for production, including all discrete subparts, except where permitted by the presiding officer on notice and motion for good cause.

(2) In addition to limitations on discovery set forth in any other applicable law, regulation, or rule, discovery does not include:

(a) Information or documents from the personnel file of any commission employee;

(b) Information or documents relating to any investigation conducted by the commission against unrelated parties;

(d) Information or documents relating to any examination conducted by the commission of unrelated parties;

(e) Information or documents relating to any license applications or determinations made by the commission of unrelated parties; or

(f) Depositions of the agency director or assistant directors.

(3) Parties must depose persons in the same manner, and before the same officers, authorized by the Washington civil rules for superior court, unless otherwise agreed in writing by the parties.

(4) Witnesses may be subpoenaed to attend a deposition or produce documents.

(5) Parties may only depose a commissioner, the director, deputy director, or an assistant director if they apply to the presiding officer and show good cause that circumstances prevent the statements or depositions of other staff members from revealing the information, evidence, or details needed.

(6) Unless otherwise ordered, the person being deposed may be examined about any matter to the same extent that the Washington civil rules for superior court allow.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-065, filed 10/20/25, effective 11/20/25
WSR 07-21-156 (Order 615), § 230-17-065, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-070 Notice and length of depositions.

(1) Parties wishing to depose someone must give notice of at least seven days in writing to all parties.

(2) The notice for the deposition must state:

(a) Time and place of the deposition; and

(b) The name and address of each person to be deposed, if known; or

(c) If the name is not known, a general description sufficient to identify the person or the particular class or group to which he or she belongs (for example: "Records custodian").

(3) If a party makes a motion, the presiding officer may lengthen or shorten the time for notice of the deposition.

(4) If the parties agree in writing, depositions may be taken before any person, at any time or place, on any notice, and in any manner, and may be used as otherwise allowed by these rules.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-070, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-075 Protective orders.

After notice is served for taking a deposition, upon its own motion or upon motion reasonably made by any party or by the person to be examined and upon notice and for good cause shown, the commission or its designated hearing officer may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed, the deposition shall be opened only by order of the commission, or that business secrets or secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the commission, or the commission may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the commission or its designated hearing officer may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition as above provided. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the agency. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-075, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-080 Stipulations.

A "stipulation" means an agreement among parties intended to establish one or more operative facts in a proceeding.

(1) Parties may stipulate to all or any portion of the facts of the case.

(2) Parties may file the stipulation in writing or enter it orally into the record.

(3) A stipulation, if the presiding officer accepts it, is binding on the stipulating parties. The parties may present the stipulation as evidence at the hearing.

(4) The presiding officer may reject the stipulation or require proof of the stipulated facts, despite the parties' agreement to the stipulation.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-080, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-085 Initial orders.

(1) Initial orders must be entered in accordance with RCW 34.05.461(3).

(2) An initial order becomes the final order unless a party files a petition for review of the initial order as explained in WAC 230-17-090.

History

Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 08-22-093 (Order 634), § 230-17-085, filed 11/5/08, effective 1/1/09. Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-085, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-090 Petitions for review and cross appeals of initial orders.

(1) RCW 34.05.464 governs the review of initial orders.

(2) Any party to an adjudicative proceeding may file a petition for review of an initial order. Parties must file the petition for review with us within 20 days of the date of service of the initial order unless otherwise stated. Parties must serve copies of the petition to all other parties or their representatives at the time the petition for review is filed.

(3) Petitions must specify the portions of the initial order the parties disagree with and refer to the evidence in the record on which they rely to support their petition.

(4) Any party to an adjudicative proceeding may file a reply to a petition for review of an initial order. Parties must file the reply with us within 30 days of the date of service of the petition and must serve copies of the reply to all other parties or their representatives at the time the reply is filed. The commission will only consider a petition and a reply to a petition; any other replies or responses will not be considered unless granted for good cause. If the reply falls within 15 days of the next regularly scheduled commission meeting, then the matter will be heard at the following regularly scheduled commission meeting unless otherwise scheduled.

(5) Any party may file a cross appeal. Parties must file cross appeals with us within 10 days of the date the petition for review was filed with us.

(6) Copies of the petition or the cross appeal must be served on all other parties or their representatives at the time the petition or appeal is filed.

(7) After we receive the petition or appeal, the commissioners review it at a regularly scheduled commission meeting within 120 days and make a final order.

(8) The commission or the commission's designee shall have the authority, subject to the other provisions of these rules, to rule on all procedural matters.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-090, filed 10/20/25, effective 11/20/25
WSR 07-21-156 (Order 615), § 230-17-090, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-095 Admissibility criteria for evidence.

(1) Subject to the other provisions of these rules, all relevant evidence is admissible which, in the opinion of the presiding officer, is the best evidence reasonably obtainable, having due regard for its necessity, availability and trustworthiness.

(2) If not allowing evidence to be admitted, the presiding officer must give consideration to, but is not bound to follow, the rules of evidence governing civil proceedings, in matters not involving trial by jury in the superior courts of the state of Washington.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-095, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-100 Tentative admission, exclusion, discontinuance, and objections to evidence.

(1) When an objection is made to the admissibility of evidence, the evidence may be received subject to a later ruling.

(2) The presiding officer may, in his or her discretion, with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued.

(3) Parties objecting to the introduction of evidence must state the precise grounds of such objection at the time such evidence is offered.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-100, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-105 Excerpts from documentary evidence.

(1) When parties rely only on portions of a document, the offering party must:

(a) Prepare the pertinent excerpts; and

(b) Adequately identify them; and

(c) Supply copies to the presiding officer and the other parties, with a statement indicating the purpose for which the excerpts will be offered.

(2) The offering party must make the whole original document available for examination and for use by all parties. However, only the excerpts must be received in the record.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-105, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-110 Documentary evidence.

(1) When requested for cause, the presiding officer may:

(a) Require that parties submit all documentary evidence to the other parties sufficiently in advance so that they may study and prepare cross-examination and rebuttal evidence.

(b) Reject documentary evidence not submitted in advance if the party offering it cannot show that there was good cause for failing to submit it sooner.

(2) Unless a party files a written objection before the hearing, the authenticity of all documents submitted in advance is accepted. Parties may later file a challenge of authenticity if they show good cause for failing to file a written objection.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-110, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-115 Expert witnesses.

(1) The presiding officer, where practicable, must encourage all parties to agree on the identity and number of witnesses who are to give expert testimony by:

(a) Selecting one or more to speak for all parties; or

(b) Limiting the number for each party.

(2) If the parties cannot agree, the presiding officer must require them to submit written statements to all parties with the names, addresses, and qualifications of their respective expert witnesses on a date determined by the presiding officer sufficiently in advance of the hearing to allow the other parties to investigate the witness' qualifications.

(3) The presiding officer must require parties to submit the underlying data for statements and exhibits they provide sufficiently in advance of the hearing to allow the other parties to cross examine the expert witness(es) at the hearing. However, the presiding officer must restrict to a minimum placing the data in the record.

(4) No former employees of our agency may appear, except with the director's or director's designee's permission, as expert witnesses on behalf of other parties in a proceeding involving a matter that was under consideration by the agency when the former employee was employed by the commission.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-115, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-120 Written sworn statements by expert witnesses.

The presiding officer must encourage all parties to agree that:

(1) For expert testimony, and all testimony based on economic or statistical data, all parties will submit written sworn statements in advance of the hearing by a date the presiding officer sets; and

(2) A party may object to the written statements on any grounds, except that the testimony is not presented orally; and

(3) A party may cross examine witnesses if the party makes a request sufficiently in advance of the hearing to allow the witness(es) to be present.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-120, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-125 Noncompliance with rules on expert witnesses or written statements.

If expert witnesses or written statements on economic or statistical data do not meet the requirements of WAC 230-17-115 or 230-17-120, the presiding officer may receive them as evidence only if the party can clearly show good cause.

History

Statutory Authority: RCW 9.46.070 and 34.05.353. WSR 08-11-037 (Order 626), § 230-17-125, filed 5/14/08, effective 7/1/08. Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-125, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-130 Settlement conferences.

(1) Any party to an adjudicative proceeding may request a settlement conference, with or without an administrative law judge (ALJ), to discuss a possible settlement of the case.

(2) If a settlement is reached, it must be a written order to be signed by all parties and the presiding officer.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-130, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-135 Continuances.

(1) "Continuance" means a postponement or an extension of time after a notice of hearing or commission review has been issued.

(2) Parties may agree to a continuance.

(3) If the parties do not agree to a continuance, the person requesting the continuance must:

(a) Notify the presiding officer and the other party why a continuance is needed; and

(b) Present this request as soon as the person:

(i) Receives the notice of the hearing or commission review; or

(ii) Knows the reasons requiring the continuance.

(4) The presiding officer will consider whether the request was made promptly and may grant a continuance for good cause shown, or on his or her own motion.

(5) During a hearing, if it appears consistent with the public interest or in the interests of justice that further testimony or argument should be considered, the presiding officer may continue the hearing and set the date to introduce additional argument or evidence. This oral ruling is final notice of a continued hearing.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-135, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-137 Guidelines for imposing penalties in disciplinary actions.

(1) Without in any manner limiting the authority granted to the commission under chapter 9.46 RCW or other applicable law to impose the level and type of discipline it may deem appropriate, at the request of any party, the presiding officer may consider the following factors, along with such others as he or she deems relevant, in determining the administrative penalty to be assessed for the violation of a statute or rule:

(a) The risk posed to the public health, safety, or welfare by the violation;

(b) Whether there are special policy implications relating to the violation, for example, those regarding underage gambling;

(c) Whether, and how, the violations impacted players, for example, failure to pay a player, and player-supported jackpot violations;

(d) Whether the applicant, licensee, or permittee:

(i) Knew, or reasonably should have known, the action complained of was a violation of any law, regulation, or condition of their license;

(ii) Previously received a verbal warning, written warning, notice of infraction, notice of violation and settlement (NOVAS), or administrative charges from the commission for similar violations;

(iii) Made, or attempted to make, a financial gain from the violation;

(iv) Had an existing compliance program related to the violation; or

(v) Has subsequently initiated remedial measures to prevent similar violations from reoccurring;

(e) Whether the violations were intentional, willful, or grossly negligent;

(f) Whether requiring the applicant, licensee or permittee to implement a written self-enforcement and compliance program would assist in ensuring future compliance with relevant laws, regulations, and license conditions;

(g) If the violation was caused by an officer or employee of the applicant, licensee, or permittee:

(i) Whether the individual who caused the violation acted within the scope of authority granted to him or her by the applicant, licensee or permittee; or

(ii) Whether the individual violated company policies, procedures, or other standards;

(h) The adequacy of any relevant training programs the applicant, licensee or permittee previously offered or made available to its employees;

(i) Whether and the extent to which the applicant, licensee or permittee cooperated with the commission during the investigation of the violation;

(j) The penalties imposed on other applicants, licensees or permittees for similar violations;

(k) Whether the applicant, licensee, or permittee reasonably relied upon professional advice from an accountant or other recognized professional, which was relevant to the conduct or action resulting in the violation; or

(l) Any other aggravating or mitigating circumstances the presiding officer deems relevant.

(2) A party intending to rely on any aggravating or mitigating factors must raise them at the initial hearing before the presiding officer in order to preserve them for any subsequent hearings before a reviewing officer.

(3) In the spring of 2011, staff will report to the commission on the impacts of this rule, if any.

History

Statutory Authority: RCW 9.46.070. WSR 09-17-074 (Order 653), § 230-17-137, filed 8/14/09, effective 9/14/09
WSR 09-05-084 (Order 641), § 230-17-137, filed 2/17/09, effective 3/20/09.

Wash. Admin. Code § 230-17-140 Petitions for reconsideration of a final order.

(1) A party may file a petition for reconsideration of a final order. The presiding officer administers petitions for reconsideration according to RCW 34.05.470.

(2) A party may file a response to the petition for reconsideration. Parties must file responses with us within ten days of the date the petition was filed with us.

(3) If the petition is received at least fifteen business days before the next regularly scheduled commission meeting, we schedule the petition to be heard at that next meeting.

(4) If the petition is received less than fifteen business days before that next meeting, we schedule the petition at the following regularly scheduled meeting.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-140, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-145 Stays of final orders.

(1) Any party may petition the commission for a stay of a final order in accordance with RCW 34.05.467.

(2) For purposes of this rule, the commission hereby delegates to the director the authority to deny a stay or issue a temporary stay. The decision of the director denying a stay is not subject to judicial review.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-145, filed 10/20/25, effective 11/20/25
WSR 07-21-156 (Order 615), § 230-17-145, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-150 Brief adjudicative proceedings.

The commission adopts the procedure for brief adjudicative proceedings provided in RCW 34.05.482 through 34.05.494. The commission finds brief adjudicative proceedings will be conducted where the matter involves one of the following:

(1) Stays of summary suspension; and

(2) Denying or revoking extended operating hours for:

(a) Card games; and

(b) Bingo; and

(3) Charitable or nonprofit licensee appealing a denial of a request for waiver of significant progress requirements; and

(4) Failure to pay required gambling taxes, where that is the only alleged violation in the administrative charges; and

(5) Failure to pay a quarterly license fee or submit a quarterly license report or failure to pay a late fee assessed as a result of failure to pay a quarterly license fee or submit a quarterly license report; and

(6) When the penalty we are requesting is a suspension of seven days or less; and

(7) When the parties stipulate to using a brief adjudicative proceeding.

History

Statutory Authority: RCW 9.46.070. WSR 25-21-112, s 230-17-150, filed 10/20/25, effective 11/20/25
WSR 18-05-029, § 230-17-150, filed 2/9/18, effective 7/1/18
WSR 07-21-156 (Order 615), § 230-17-150, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-151 Brief adjudicative proceedings—Procedure.

(1) The following procedures apply to the commission's brief adjudicative proceedings for matters identified in WAC 230-17-150, unless the matter is converted to a formal adjudicative proceeding as provided in subsection (2) of this section.

(a) We will set the date and time of the hearing.

(b) Written notice shall be served upon the licensee at least seven days before the date of the hearing. Service is to be made pursuant to WAC 230-17-035.

(c) A brief adjudicative proceeding may be conducted telephonically with the concurrence of the presiding officer and all persons involved in the proceeding.

(d) WAC 230-17-045 controls who can appear in a brief adjudicative proceeding.

(e) The presiding officer must be the director, deputy director, or administrative law judge.

(f) Parties or their representatives may present written documentation or oral testimony at a brief adjudicative proceeding. However, no nonparty witnesses may appear to testify.

(g) The presiding officer may, in her or his discretion, allow oral argument from parties or their representatives during a brief adjudicative proceeding.

(h) The presiding officer will enter an initial order within ten business days of the end of a brief adjudicative proceeding. The initial order shall briefly state the basis and legal authority for the decision.

(i) An initial order will become the final order if no request for review of the initial order is received by us within twenty-one days of service of the initial order.

(2) Any party, including the agency, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that it be converted to a formal adjudicative proceeding.

(a) The objection must be received by the presiding officer at least three days before the scheduled brief adjudicative proceeding.

(b) Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted.

(c) A presiding officer may convert any brief adjudicative proceeding to a formal adjudicative proceeding whenever it appears to him or her that a brief adjudicative proceeding is insufficient to determine the issues pending before the commission.

(d) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

(i) Whether witness testimony will aid the presiding or reviewing officer in resolving contested issues of fact;

(ii) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

(iii) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review;

(iv) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the commission;

(v) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

(vi) Any other factors that the presiding or reviewing officer deems relevant in reaching a determination.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-17-151, filed 2/9/18, effective 7/1/18.

Wash. Admin. Code § 230-17-152 Brief adjudicative proceedings—Appeal rights.

(1) Any party to a brief adjudicative proceeding may request review of the initial order by filing a written petition for review to us.

(2) We must receive your petition for review within twenty-one days after service of the initial order.

(3) Your petition for review must contain any evidence or written material relevant to the matter that the party wishes the reviewing officer to consider.

(4) Parties must serve copies of the petition to all other parties or their representatives at the time the petition for review is filed.

(5) The chair of the commission or the commissioners shall be the reviewing officer(s).

(6) The reviewing officer(s) consider your appeal and either uphold, modify or overturn the brief adjudicative proceeding order. The decision of the reviewing officer(s), also called an order, is the final agency decision. The order will be provided to you at the last address you furnished to the commission.

(7) The order on review must be in writing, must include a brief statement of the reasons for the decision, and must be entered within ten business days after the petition for review is considered. The order shall include a description of any further available administrative review or, if none is available, a notice that judicial review may be available.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-17-152, filed 2/9/18, effective 7/1/18.

Wash. Admin. Code § 230-17-155 Brief adjudicative proceedings—Discovery limitations.

(1) In all brief adjudicative proceedings, discovery must be limited to requests for written reports and supporting documents relevant to the charges.

(2) Interrogatories and depositions are not allowed.

History

Statutory Authority: RCW 9.46.070. WSR 18-05-029, § 230-17-155, filed 2/9/18, effective 7/1/18
WSR 07-21-156 (Order 615), § 230-17-155, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-160 Hearings when gambling devices are seized.

(1) We follow the processes explained in RCW 9.46.231 when we seize gambling devices.

(2) The item seized is forfeited to the state unless a claimant is able to prove the device is:

(a) Not a gambling device; or

(b) An antique gambling device as defined by RCW 9.46.235.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-160, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-165 Summary suspensions.

(1) "Summary suspension" means immediately taking a license or permit from a person or organization which prevents them from operating or conducting gambling activities.

(2) The commission delegates its authority to the director to issue an order to summarily suspend any license or permit if the director determines that a licensee or permittee has performed one or more of the actions identified in RCW 9.46.075 as posing a threat to public health, safety, or welfare.

(3) The commission deems the following actions of a licensee or permittee constitute an immediate danger to the public safety and welfare:

(a) Failing or refusing to comply with the provisions, requirements, conditions, limitations, or duties imposed by chapter 9.46 RCW or any rules adopted by the commission; or

(b) Knowingly causing, aiding, abetting, or conspiring with another to cause any person to violate any of the laws of this state or the rules of the commission; or

(d) Being convicted of, or forfeiting of a bond on a charge of, or having pled guilty to:

(i) Forgery; or

(ii) Larceny; or

(iii) Extortion; or

(iv) Conspiracy to defraud; or

(v) Willful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or offenses; or

(vi) Bribing or otherwise unlawfully influencing a public official or employee of any state or the United States; or

(vii) Any crime, whether a felony or misdemeanor involving any gambling activity or physical harm to individuals or involving moral turpitude; or

(e) Allowing any person who has been convicted of, or forfeited bond on, any of the offenses included under (d) of this subsection, to participate in the management or operation of any activity regulated by the commission without written approval ahead of time from the commission or its director; or

(f) Being subject to current prosecution or pending charges, or appealing a conviction, for any of the offenses included under (d) of this subsection; or

(g) Denying the commission or its authorized representatives, including authorized local law enforcement agencies, access to any place where a licensed activity is conducted or failure to promptly produce for inspection or audit any book, record, document, or item required by law or commission rule; or

(h) Making a misrepresentation of, or failure to disclose, a material fact to the commission; or

(i) Having pursued or pursuing economic gain in an occupational manner or context which is in violation of the criminal or civil public policy of this state if such pursuit creates probable cause to believe that the participation of such person in gambling or related activities would be inimical to the proper operation of an authorized gambling or related activity in this state. For the purposes of this section, occupational manner or context shall be defined as the systematic planning, administration, management, or execution of an activity for financial gain; or

(j) Being a career offender or a member of a career offender cartel or an associate of a career offender or career offender cartel in such a manner which creates probable cause to believe that the association is of such a nature as to be inimical to the policy of chapter 9.46 RCW or to the proper operation of the authorized gambling or related activities in this state. For the purposes of this section, career offender is defined as any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations of the public policy of this state. A career offender cartel is defined as any group of persons who operate together as career offenders; or

(k) If a charitable or nonprofit organization, being deemed to be operating bingo primarily for gambling purposes and continuing to use program funds to subsidize the operation of gambling activities.

(4) An order of summary suspension takes effect immediately on service unless stated otherwise in the order of summary suspension.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-165, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-170 Petition and hearing for stay of the summary suspension.

(1) When the director summarily suspends a license or permit, the affected licensee or permittee may petition for a "stay of suspension" as explained in RCW 34.05.467 and 34.05.550(1).

(2) We must receive the petition in writing within fifteen days of service of the summary suspension.

(3) Within fourteen days of receipt of the petition, the presiding officer holds a hearing. If an administrative law judge is not available, the chairperson of the commission designates a commissioner to be the presiding officer. If the parties agree, they may have a continuance of the seven-day period.

(4) The stay hearing must use brief adjudicative proceedings as set out in WAC 230-17-150. At the hearing, the only issues are whether the presiding officer:

(a) Should grant a stay; or

(b) Modify the terms of the suspension.

(5) Our argument at the hearing consists of the information we used to issue the summary suspension and we may add any information we find after we order the suspension.

(6) At the hearing, the licensee or permittee has the burden of demonstrating by clear and convincing evidence all of the following:

(a) The licensee or permittee is likely to prevail upon the merits of the evidence at hearing; and

(b) Without relief, the licensee or permittee will suffer irreparable injury. For purposes of this section, elimination of income from licensed activities must not be deemed irreparable injury; and

(d) The threat to the public safety or welfare is not sufficiently serious to justify continuation of the suspension, or that modification of the terms of the suspension will adequately protect the public interest.

(7) The initial stay of the summary suspension order whether given orally or in writing takes effect immediately unless stated otherwise.

History

Statutory Authority: RCW 9.46.070. WSR 14-09-038 (Order 697), § 230-17-170, filed 4/11/14, effective 5/12/14
WSR 07-21-156 (Order 615), § 230-17-170, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-175 Review of initial orders to stay a summary suspension.

(1) Any party may petition the commissioners for review of an initial order to stay a summary suspension. The commissioners must receive the request for review in writing within twenty days of service of the order. If no party requests a hearing review within twenty days of service, the order becomes final for purposes of RCW 34.05.467.

(2) If we receive a timely petition for review, the commissioners will consider the petition at the next regularly scheduled meeting of the commission.

(a) The matters considered on review are limited to the record of the stay hearing; and

(b) A commissioner who acted as presiding officer is not disqualified from considering the petition for review, unless a party demonstrates grounds for disqualification under the conditions set out in RCW 34.05.425; and

(c) The commissioners' decision is effective immediately, unless otherwise stated, and is final as set out in RCW 34.05.467.

(3) The outcome of the petition for review does not affect any future administrative hearing about their license or permit.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-175, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-180 Petitions for declaratory orders.

(1) Any person may petition the commission for a declaratory order with respect to the applicability to specified circumstances of a rule, order, or statute enforceable by the agency. The petition must set forth facts and reasons on which the petitioner relies to show:

(a) That uncertainty necessitating resolution exists; and

(b) That there is actual controversy arising from the uncertainty such that a declaratory order will not be merely an advisory option; and

(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested.

(2) Within fifteen days after receipt of a petition for a declaratory order, the commission must give notice of the petition to all persons to whom notice is required by law, and may give notice to any other person it deems desirable.

(3) Within thirty days after receipt of a petition for a declaratory order, the commission, in writing, must do one of the following:

(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances; or

(b) Set the matter for specified proceedings to be held no more than ninety days after receipt of the petition and give reasonable notification to the person(s) of the time and place for such hearing and of the issues involved; or

(c) Set a specified time no more than ninety days after receipt of the petition by which it will enter a declaratory order; or

(d) Decline to enter a declaratory order, stating the reasons for its action.

(4) The time limits of subsection (3)(b) and (c) of this section may be extended by the commission for good cause.

(5) The commission may not enter a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.

(6) A declaratory order has the same status as any other order entered by the commission in an adjudicative proceeding. Each declaratory order must contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusions.

(7) Any person petitioning the commission for a declaratory order pursuant to RCW 34.05.240 must generally adhere to the following form for such purpose.

(a) At the top of the page must appear the wording "before the Washington state gambling commission." On the left side of the page below the foregoing, the following caption must be set out: "In the matter of the petition of (name of petitioning party) for a declaratory order." Opposite the foregoing caption must appear the word "petition."

(b) The body of the petition must be set out in numbered paragraphs. The first paragraph must state the name and address of the petitioning party. The second paragraph must state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs must set out the state of facts relied upon in form similar to that applicable to complaints in civil actions before the superior courts of this state. The concluding paragraphs must contain the prayer of the petitioner. The petition must be subscribed and verified in the manner prescribed for verification of complaints in the superior courts of this state.

(c) The original must be filed with the commission. Petitions must be on white paper, either 8-1/2" x 11" or 8-1/2" x 13" in size.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-180, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-185 Petitions for rule making.

(1) Any person may petition the commission to adopt, change, or repeal a rule in Title 230 WAC. The petition must contain enough information so the commissioners and the public can understand the proposal.

(2) All persons must follow the requirements explained in RCW 34.05.330 for petitions for rule making.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-185, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-190 Information required on a petition.

(1) If not submitted on standard forms, petitions for rule making must follow the requirements of RCW 34.05.330(4) and include:

(a) Commission name; and

(b) The reasons for:

(i) Adopting a new rule; or

(ii) Amending an existing rule; or

(iii) Repealing an existing rule.

(2) When someone is:

(a) Proposing a new rule, the petition should include:

(i) The text of the proposed rule; and

(ii) A description of the new rule requirements; and

(iii) A description of the effects of the new rule.

(b) Amending a rule, the petition should include:

(i) Title and number of the rule, for example, "WAC 230-03-040 Signing the application"; and

(ii) The text of your proposed rule change; and

(iii) A description of the effects of changing the rule.

(i) Title and number of the rule; and

(ii) A description of the effects of repealing the rule.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-190, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-192 Submission of electronic or mechanical gambling equipment during rule making.

(1) A manufacturer or its designee is required to submit electronic or mechanical gambling equipment for evaluation during rule making when the commission is considering taking action to adopt, change, or repeal a rule in order to authorize use of the gambling equipment.

(2) When we are ready to begin our equipment evaluation, we will notify the manufacturer or its designee in writing. The manufacturer or its designee will have thirty days from the date of our written request to submit the requested electronic or mechanical gambling equipment to our headquarters, directly or through a designee, or we may administratively close our review and deny the requested rule change.

(3) Manufacturers or their designee must submit:

(a) The gambling equipment, including all relevant software, that is identical or substantially similar to what will be marketed, distributed, and deployed in Washington;

(b) A copy of detailed technical materials and diagrams associated with the equipment and software, and all of the operational procedures and manuals, including relevant hardware and software manuals; and

(4) The manufacturer or its designee must install, configure, and support the equipment/software to allow us to fully evaluate its operation. Evaluation may include, but is not limited to, interoperability, communication, security, and player protection issues.

(5) We will notify the manufacturer or their designee in writing if we require additional equipment or information for our evaluation. The manufacturer or its designee must provide us with the requested equipment or information within thirty days from the date of our written request or we may administratively close our review and deny the requested rule change.

History

Statutory Authority: RCW 9.46.070. WSR 18-04-001, § 230-17-192, filed 1/24/18, effective 2/24/18.

Wash. Admin. Code § 230-17-195 Locating petition for rule-making form.

Petitioners may get a "petition for rule-making form" from:

(1) The office of financial management; or

(2) Our administrative office during regular business hours; or

(3) Our website at www.wsgc.wa.gov.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-195, filed 10/24/07, effective 1/1/08.

Wash. Admin. Code § 230-17-200 Submitting a petition.

(1) Petitioners must fax, email, or mail petitions for rule change to the rules coordinator at our administrative office.

(2) We consider a petition submitted when we receive it at our administrative office.

History

Statutory Authority: RCW 9.46.070. WSR 07-21-156 (Order 615), § 230-17-200, filed 10/24/07, effective 1/1/08.

Chapter 230-18 Promotional contests of chance not licensed by the Washington state gambling commission.

Wash. Admin. Code § 230-18-005 Telephone fees deemed "consideration."

Participants may be required to place a telephone call to enter a promotional contest of chance, but additional fees such as those for a 1-900 number are "consideration" and are not authorized.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-052 (Order 603), § 230-18-005, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-18-010 Promotional contests of chance similar to bingo.

A business may offer a promotional contest of chance (PCOC) that is similar to bingo, commonly referred to as "no fee bingo."

(1) A business must not:

(a) Charge participants a direct or indirect fee to participate in the PCOC. Indirect fees include, but are not limited to, cover charges; and

(b) Operate the PCOC for no more than a total of three hours per day, twice per week. Participants must receive a bingo card immediately before the start of each game.

(2) A business must:

(a) Award only merchandise items, such as food, nonalcoholic beverages, hats, shirts, or other promotional items valued at less than twenty-five dollars each. The business must:

(i) Not substitute cash prizes for merchandise prizes; and

(ii) Not award prizes worth more than one hundred dollars per week or five thousand dollars per year; and

(iii) Record the names of winners and prize(s) won for each game; and

(b) Use recreational bingo cards that are not used in authorized bingo games.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-052 (Order 603), § 230-18-010, filed 10/27/06, effective 1/1/08.

Wash. Admin. Code § 230-18-015 Promotional game cards used in promotional contests of chance.

(1) A business may use promotional game cards similar to pull-tabs as part of a promotional contest of chance (PCOC) if the game cards:

(a) Are readily distinguishable from other pull-tabs sold in the state of Washington; and

(b) Are designed and manufactured for a specific PCOC; and

(d) Have no price per play on the card; and

(e) Have the official rules of play, including "no purchase necessary," printed on the back.

(2) We may seize PCOC game cards that violate these restrictions.

History

Statutory Authority: RCW 9.46.070. WSR 06-22-052 (Order 603), § 230-18-015, filed 10/27/06, effective 1/1/08.

Chapter 230-21 Public disclosure.

Wash. Admin. Code § 230-21-001 Purpose.

The purpose of this chapter is to ensure the Washington state gambling commission complies with the Public Records Act, chapter 42.56 RCW and the Criminal Records Privacy Act, chapter 10.97 RCW.

History

Statutory Authority: RCW 9.46.070 and 10.97.080. WSR 12-23-043 (Order 681), § 230-21-001, filed 11/16/12, effective 1/1/13. Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-001, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-005 Types of public records, location, and times available.

All public records of the commission are available for public inspection and copying unless the law provides otherwise. The location of the records and times they are available are:

(1) Location of public records - All public records of the commission are located at our administrative office in Lacey.

(2) Times available - All public records are available for inspection and copying during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. Unless someone makes in advance a written request to view them, public records may not be available during the period 12:00 noon to 1:00 p.m.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-005, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-010 Public records officers.

The director designates the public records officers in charge of our public records. These persons must be located in our main administrative offices. Public records officers are responsible for:

(1) Implementing our rules regarding the release of public records;

(2) Coordinating the staff of the commission in this regard;

(3) Maintaining, keeping current, and publishing an index of all agency records as chapter 42.56 RCW requires; and

(4) Generally insuring staff complies with chapter 42.56 RCW.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-010, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-015 Requests for public records.

According to chapter 42.56 RCW, members of the public may inspect, copy, or get copies of public records if they comply with the following procedures:

(1) Make a request in writing on the form we require and have available at our administrative office; and

(2) Present the form at our administrative office during normal office hours to commission staff designated to receive requests, or send it by mail; and

(3) Commission staff must assist the public in identifying the appropriate public record requested; and

(4) If a person is not specifically authorized by law to obtain lists of names of individuals from public records, that person must complete a statement agreeing not to release or use the public record information for commercial purposes.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-015, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-016 Costs of providing public records.

(1) There is no fee for the inspection of public records.

(2) Pursuant to RCW 42.56.120(2), we are not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) We do not have the resources to conduct a study to determine actual copying costs for all of our records; and

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(3) We may charge fees for the production of copies of public records consistent with the fee schedule established in RCW 42.56.120. The fee schedule also is published on our website at www.wsgc.wa.gov and a copy of the fee schedule will be made available at agency headquarters listed in WAC 230-01-005.

(4) Before copying requested public records, we may require a deposit of up to ten percent of the estimated costs of copying all of the records. We may also require payment of the remainder of the copying costs before providing all of the records, or the payment of the costs of copying an installment before providing the installment.

(5) We may provide customized electronic access to public records if we estimate that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by us for any other agency purposes. We will charge the actual costs, including staff time, necessary to reimburse our agency for providing customized electronic access services.

(6) We will not release any requested copies of public records unless and until the requestor has paid all copying and other charges set forth in this section.

(7) Payment may be made by cash, check, or money order to the Washington state gambling commission. Cash payments must be in the exact amount and delivered to the physical address listed in WAC 230-01-005.

(8) We may waive fees for providing public records at the discretion of the director or director's designee. This determination will be made on a case-by-case basis.

History

Statutory Authority: RCW 9.46.070 and 42.56.120. WSR 20-16-126, § 230-21-016, filed 8/3/20, effective 9/3/20.

Wash. Admin. Code § 230-21-020 Denying public disclosure requests.

With all denials of requests for public records, we provide a written statement explaining the reason for the denial. The statement includes:

(1) The specific exemption that authorizes us to withhold the record; and

(2) A brief explanation of how the exemption applies to the record we withheld.

History

Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-020, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-025 Protection of public records.

We are a law enforcement and regulatory agency and a licensing agency.

(1) Individuals may inspect the public records at the administrative offices where we file and maintain the records. An authorized member of our staff must accompany and observe the inspection.

(2) We will deny inspection and withdraw the records if the individual inspecting the records:

(a) Is damaging, altering, or substantially disorganizing them; or

(b) Attempts to remove them; or

History

Statutory Authority: RCW 9.46.070. WSR 07-19-070 (Order 616), § 230-21-025, filed 9/17/07, effective 1/1/08.

Wash. Admin. Code § 230-21-030 Inspecting your criminal history record information.

You may inspect your criminal history record information (CHRI) held by us at our administrative office, during normal business hours, Monday through Friday, except for legal holidays. You must request your CHRI in writing on the form we require. CHRI is defined in RCW 10.97.030.

(1) Before reviewing or obtaining copies of your CHRI, you must provide at least two forms of identification, one of which includes your photograph, such as your state issued identification, state issued driver license, or passport. Alternatively, you must provide fingerprints that will be taken at our administrative office and will be used for verification purposes.

(2) We will charge a reasonable fee for fingerprinting and providing a copy of your CHRI.

(3) After we verify your identity, we will notify you when you will be allowed to review your records.

(4) You will be allowed a reasonable period of time to examine your CHRI at our administrative office.

(5) If you need assistance, you may designate your counsel, interpreter, or other appropriate person to help you. You must consent, on the form we require, for the person to assist you.

(6) If you would like to make corrections or challenge your CHRI, you must do so in accordance with RCW 10.97.080.

History

Statutory Authority: RCW 9.46.070 and 10.97.080. WSR 12-23-043 (Order 681), § 230-21-030, filed 11/16/12, effective 1/1/13.

Chapter 230-23 Self-exclusion.

Wash. Admin. Code § 230-23-001 Purpose.

The purpose of this chapter is to establish a centralized, statewide self-exclusion program, administered by the commission, allowing a person with a gambling problem or gambling disorder to voluntarily exclude themselves from licensed house-banked card rooms and participating tribal gaming facilities.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-001, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-005 Definitions.

The following definitions apply only to this chapter:

(1) "Licensee" means a house-banked card room licensee.

(2) "Participant" means a person who has enrolled in the voluntary self-exclusion program.

(3) "Self-exclusion list" means a list maintained by the commission of persons who have requested to be voluntarily excluded from house-banked card room licensees and participating tribal gaming facilities in the state of Washington.

(4) "Voluntary self-exclusion program" or "program" means the voluntary self-exclusion program authorized under RCW 9.46.071, and does not apply to gambling via horse racing or lottery.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-005, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-010 Request for self-exclusion.

(1) Any person may request to be placed on the self-exclusion list voluntarily excluding themselves from house-banked card room licensees:

(a) In person at our office, 4565 7th Avenue S.E., Lacey, Washington 98503, or at a house-banked card room licensee by:

(i) Submitting a completed form, which we provide on our website at www.wsgc.wa.gov; and

(ii) Providing proof of identity. Acceptable forms of identification include:

(A) A valid driver's license from any state;

(B) A government-issued identification card containing the person's name, photograph, and date of birth; or

(iii) Submitting a photograph showing only the head and shoulders; or

(b) Through the mail to Washington State Gambling Commission, P.O. Box 42400, Olympia, Washington 98504 by:

(i) Submitting a completed form, which we provide on our website at www.wsgc.wa.gov; and

(ii) Submitting a photograph showing only the head and shoulders.

(2) The form must be:

(a) Completed with no areas left blank; and

(b) Signed under penalty of perjury by the person seeking self-exclusion.

(3) Upon receipt of a completed form, the licensee will forward it to us within 72 hours.

(4) The commission must begin exploring an online self-exclusion enrollment process within six months of modernizing legacy information technology systems.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-010, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-015 Period of enrollment.

(1) At the time of enrollment, the participant must select a period of enrollment for self-exclusion:

(a) One year;

(b) Three years;

(d) Ten years.

(2) The enrollment period selected begins and the participant is considered enrolled:

(a) Upon receipt of the form by mail; or

(b) The date the completed form was accepted by the licensee or by us when submitted in person.

(3) Once enrolled, the participant cannot be removed from the program prior to the initial selected period of enrollment for voluntary self-exclusion.

(4) We will send a notice to the participant 45 days prior to the end of their initial enrollment period indicating the end of their enrollment period. If the participant chooses to end their enrollment in the self-exclusion program, they must return the form requesting to be removed from the self-exclusion list. If no response is received by the end of the enrollment period, the participant will remain on the self-exclusion list until they request to be removed. The participant may request to be removed from the self-exclusion list at any time after their initial enrollment period has ended by notifying us in the format we require.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-015, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-020 Voluntary self-exclusion.

Participants who voluntarily self-exclude acknowledge the following during the period of enrollment:

(1) The ultimate responsibility to limit access to all house-banked card rooms and participating tribal gaming facilities within the state remains theirs alone; and

(2) The self-exclusion request is irrevocable during the initial enrollment period selected and cannot be altered or rescinded for any reason; and

(3) The exclusion is in effect at all licensed house-banked card rooms and participating tribal gaming facilities in the state of Washington, which is subject to change, and all services and/or amenities associated with these gaming facilities including, but not limited to, restaurants, bars, bowling alleys, check cashing services, cash advances; and

(4) Player club memberships and accounts will be closed and all accumulated points immediately redeemed for nongaming items as the licensee's policy allows at the licensed location the participant initially enrolls for self-exclusion. All player club memberships and accounts held at other licensees and participating tribal gaming facilities will be closed and zeroed out; and

(5) New player club memberships, direct mail and marketing service complimentary goods and services and other such privileges and benefits will be denied; and

(6) Disclosure of certain information is necessary to implement the participant's request for self-exclusion; and

(7) If found on the premises of a house-banked card room licensee or participating tribal gaming facility, for any reason other than to carry out their duties of employment, they will be escorted from the premises; and

(8) All money and things of value, such as gaming chips, obtained by or owed to the participant as a result of prohibited wagers or the purchase of chips and/or participating in authorized gambling activities will be confiscated under RCW 9.46.071 and WAC 230-23-030; and

(9) To not recover any losses from the purchase of chips and/or participating in authorized gambling activities.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-020, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-025 Disclosure of self-exclusion information.

(1) Personal information submitted by a participant under the self-exclusion program is exempt from public disclosure under the Public Records Act and may not be disseminated for any purpose other than the administration of the self-exclusion program or as otherwise permitted by law.

(2) No house-banked card room licensee, employee, or agent thereof shall disclose the name of, or any information about any participant who has requested self-exclusion to anyone other than employees and agents of the house-banked card room licensee whose duties and functions require access to such information.

(3) The licensee may release the names and identifying information of participants on the self-exclusion list to contracted service providers that provide check cashing, cash advances, marketing, automated teller machines, and other financial services.

(a) The identifying information must be limited to the address, driver's license or state-issued identification number, photograph, and physical description; and

(b) Only the name and identifying information may be disclosed to contracted service providers. The licensee must neither disclose the reasons for providing the name and identifying information nor disclose that the person is on the self-exclusion list; and

(c) The licensee must require by written contract that the contracted service provider implement measures designed to ensure the confidentiality of the names and identifying information and to prohibit the release of the names and identifying information to any other person or entity; and

(d) The licensee must immediately report to us all instances of a participant accessing or attempting to access the services provided by the contracted service providers.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-025, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-030 Licensee responsibilities.

Each licensee must:

(1) Make available to all patrons the self-exclusion form developed and provided by us; and

(2) Accept completed self-exclusion forms, including:

(a) Verifying the participant's identity as required on the form; and

(b) Forwarding the form to us within 72 hours of receipt; and

(3) Upon enrollment, provide the participant with information and resources for treatment of gambling problems or gambling disorders; and

(4) Designate a person or persons to be the contact person with us for purposes of self-exclusion procedures, including receipt and maintenance of the self-exclusion list, submission of the licensee's procedures, and all other communications between us and the licensee for self-exclusion purposes; and

(5) Implement updates to the statewide self-exclusion list within 48 hours of being notified by us that the self-exclusion list has been modified; and

(6) Upon discovery that a participant has breached their self-exclusion and obtained access to the licensed premises, the licensee must take steps to:

(a) Immediately remove the participant from the premises; and

(b) Confiscate all money and things of value, such as gaming chips, obtained by or owed to the participant as a result of prohibited wagers or the purchase of chips and/or participating in authorized gambling activities; and

(7) Train all new employees, within three days of hiring, and annually retrain all employees who directly interact with gaming patrons in gaming areas. The training must, at a minimum, consist of:

(a) Information concerning the nature of gambling disorders; and

(b) The procedures for requesting self-exclusion; and

This section must not be construed to impose a duty upon employees of the licensee to identify individuals with gambling problems or gambling disorders or impose a liability for failure to do so; and

(8) Notify participants who have requested to be excluded from house-banked card room licensees of this rule of the new statewide program, provide them with the form, and information on how they can participate in the statewide self-exclusion program. This must be accomplished within three business days following the effective date of this rule; and

(9) Establish procedures and systems for our review and approval, which:

(a) Utilize player tracking systems and other electronic means, including checking all taxable patron winnings against the self-exclusion list, to assist in determining whether a participant has engaged in any authorized activities; and

(b) Close player club memberships and accounts. All accumulated points may be immediately redeemed by the participant for nongaming items as the licensee's policy allows at the licensed location the participant initially enrolls for self-exclusion. All player club memberships and accounts held at other licensees and participating tribal gaming facilities will be closed and zeroed out; and

(c) Deny check cashing privileges, player club membership, complimentary goods and services, and other similar privileges and benefits to any participant; and

(d) Ensure participants do not receive targeted mailings, telemarketing promotions, player club materials, or other promotional materials relative to gaming activities at house-banked card room licensees; and

(e) Verify patrons who win a jackpot prize are not participants of the program before payment of funds; and

(f) Ensure participants are not gambling in their establishment; and

(g) Ensure the confidentiality of the identity and personal information of participants; and

(h) All money and things of value, such as gaming chips, obtained by or owed to the participant as a result of prohibited wagers or the purchase of chips and/or participating in authorized gambling activities are confiscated under RCW 9.46.071, in which the licensee will:

(i) Issue check(s) for the same monetary value confiscated within three business days after collecting or refusing to pay any winnings from gambling or chips in the possession of a participant on the self-exclusion list as follows:

(A) A minimum of 70 percent of the confiscated funds must be dispersed to the problem gambling account created in RCW 41.05.751; and

(B) The remainder of the confiscated funds, if any, must be distributed to a charitable or nonprofit organization that provides problem gambling services or increases awareness about problem gambling; and

(ii) Document and retain for one year:

(A) Surveillance evidence identifying the date, time, and amount of money or things of value forfeited, the name and identity verification of the participant on the self-exclusion list; and

(B) A copy of the canceled check remitting the forfeited funds as required above.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-030, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-035 Sharing the self-exclusion list.

We may enter into mutual sharing agreements with federally recognized Indian tribes or tribal enterprises that own gambling operations or facilities with class III gaming compacts who wish to voluntarily participate in the self-exclusion program.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-035, filed 2/4/22, effective 5/1/22.

Wash. Admin. Code § 230-23-040 Annual reporting.

Commission staff must report within 12 months of the effective date of these rules and then annually thereafter on the efficacy of the self-exclusion program.

History

Statutory Authority: RCW 9.46.070 and 9.46.071. WSR 22-05-019, § 230-23-040, filed 2/4/22, effective 5/1/22.