PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-121 with a published date of June 5, 2001.
Title of Rule: WAC 230-04-202 Fees -- Bona fide charitable/nonprofit organizations.
Purpose: We receive a petition for rule change from Mr. Richard Walker of Wild Bill's Interactive Events of Portland, Oregon. Mr. Walker is requesting the licensing fees for limited fund-raising events be lowered from $339 to $50 for a four-hour limited fund-raising event. The commission filed this petition at the May 2001 meeting. Staff does not support Mr. Walker's petition because it is felt that a $50 fee would not cover the agency's regulatory costs for these events. However, staff has proposed an alternative version, wherein, after an organization is initially licensed for a fund-raising event (FRE), subsequent FRE licenses would be at a reduced rate. The commission filed staff's version of this rule at the June 15, 2001, commission meeting. Both versions of this rule are shown below and will be discussed at the July 13, 2001, commission meeting.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Bob Berg, Lacey, (360) 438-7654 ext. 348.
Name of Proponent: Staff, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.
Hearing Location: Howard Johnson Plaza Hotel, 3105 Pine Street, Everett, WA 98201, (425) 303-8284, on August 10, 2001, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by August 1, 2001, at TDD (360) 438-7638, or (360) 438-7654 ext. 302.
Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, WA 98504-2400, fax (360) 438-8652, by August 1, 2001.
Date of Intended Adoption: August 10, 2001.
June 19, 2001
Susan Arland
Rules Coordinator
OTS-4936.1
AMENDATORY SECTION(Amending Order 399, filed 2/9/01, effective
3/12/01)
WAC 230-04-202
Fees--Bona fide charitable/nonprofit
organizations.
Bona fide charitable and nonprofit organizations
shall submit the following fees to the commission when applying
for gambling licenses, permits, miscellaneous changes, inspection
services, or when assessed the cost of special investigation
procedures by the commission:
| LICENSE TYPE | DEFINITION | FEE | |||
| 1. AMUSEMENT GAMES | (Fee based on annual gross gambling receipts) | ||||
| * Class A | Premises only | $ 53 | |||
| Class B | Up to | $ | 10,000 | $ 53 | |
| Class C | Up to | $ | 25,000 | $ 285 | |
| Class D | Up to | $ | 50,000 | $ 457 | |
| Class E | Over | $ | 50,000 | $ 797 | |
| * | Allows a charitable or nonprofit organization to enter into a contract with
Class "B" or above commercial amusement game licensee to locate and
operate amusement games on their premises. |
2. BINGO GROUP |
|||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE * | ||||||
| Class A | Up to | $ | 15,000 | $ | 1,000 | $ 53 | |
| Class B | Up to | $ | 50,000 | $ | 1,000 | $ 166 | |
| Class C | Up to | $ | 100,000 | $ | 2,000 | $ 339 | |
| Class D | Up to | $ | 250,000 | $ | 4,000 | $ 915 | |
| Class E | Up to | $ | 500,000 | $ | 8,000 | $ 1,541 | |
| Class F | Up to | $ | 1,000,000 | $ | 15,000 | $ 3,095 | |
| Class G | Up to | $ | 1,500,000 | $ | 23,000 | $ 4,467 | |
| Class H | Up to | $ | 2,000,000 | $ | 30,000 | $ 5,967 | |
| Class I | Up to | $ | 2,500,000 | $ | 38,000 | $ 7,455 | |
| Class J | Up to | $ | 3,000,000 | $ | 45,000 | $ 8,945 | |
| Class K | Up to | $ | 3,500,000 | $ | 53,000 | $ 10,034 | |
| Class L | Up to | $ | 4,000,000 | $ | 60,000 | $ 11,470 | |
| Class M and above | Over | $ | 4,000,000 | Not applicable |
12,906 | ||
| * | A licensee will be allowed a one-time variance for each license class
without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be
required to upgrade to the higher license class upon renewal. |
3. CARD GAMES |
|||
| Class A | General (Fee to play charged) | $571 | |
| Class B | Limited card games - hearts, rummy, pitch, pinochle, and cribbage (Fee to play charged) | $ 166 | |
| Class C | Tournament only - no more than ten consecutive days per tournament | $ 53 |
|
| Class D | General (No fee to play charged) | $ 53 |
4. FUND-RAISING EVENT |
|||
| Class A1 | Limited fund-raising event - one event - not more than four hours | $ 50 | |
| Class A | One event - not more than 24 consecutive hours | $ 339 |
|
| Class B | One event - not more than 72 consecutive hours | $ 571 |
|
| Class C | Additional participant in joint event (not lead organization) | $ 166 |
|
| Class D | Fund-Raising Event Equipment Distributor - rents or leases, equipment for fund-raising event or recreational gaming activity for no more than ten times per year* | $ 226 |
|
| Class E | Fund-Raising Event Equipment Distributor - rents or leases equipment for fund-raising event or recreational gaming activity more than ten times per year. | $ 571 |
|
| * | Charitable and nonprofit organizations licensed to conduct fund-raising
events may rent their equipment up to four occasions during the term of
the license without getting licensed as a distributor. |
5. PUNCH BOARDS/PULL-TABS |
|||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE* | ||||||
| Class A | Up to | $ | 50,000 | $ | 5,000 | $ 544 | |
| Class B | Up to | $ | 100,000 | $ | 5,000 | $ 971 | |
| Class C | Up to | $ | 200,000 | $ | 10,000 | $ 1,832 | |
| Class D | Up to | $ | 300,000 | $ | 10,000 | $ 2,663 | |
| Class E | Up to | $ | 400,000 | $ | 10,000 | $ 3,440 | |
| Class F | Up to | $ | 500,000 | $ | 10,000 | $ 4,153 | |
| Class G | Up to | $ | 600,000 | $ | 10,000 | $ 4,812 | |
| Class H | Up to | $ | 700,000 | $ | 10,000 | $ 5,416 | |
| Class I | Up to | $ | 800,000 | $ | 10,000 | $ 5,967 | |
| Class J | Up to | $ | 1,000,000 | $ | 20,000 | $ 6,765 | |
| Class K | Up to | $ | 1,250,000 | $ | 25,000 | $ 7,509 | |
| Class L | Up to | $ | 1,500,000 | $ | 25,000 | $ 8,201 | |
| Class M | .Up to | $ | 1,750,000 | $ | 25,000 | $ 8,771 | |
| Class N | Up to | $ | 2,000,000 | $ | 25,000 | $ 9,290 | |
| Class O | Over | $ | 2,000,000 | Non- applicable |
$ 10,208 | ||
| * | A licensee will be allowed a one-time variance for each license class
without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be
required to upgrade to the higher license class upon renewal. |
6. RAFFLES |
(Fee based on annual gross gambling receipts) |
||||
| Class A | Up to | $ | 5,000 | $ 53 | |
| Class B | Up to | $ | 10,000 | $ 166 | |
| Class C | Up to | $ | 25,000 | $ 339 | |
| Class D | Up to | $ | 50,000 | $ 571 | |
| Class E | Up to | $ | 75,000 | $ 915 | |
| Class F | Over | $ | 75,000 | $ 1,370 | |
7. COMBINATION LICENSE |
||||
| CLASS A | Allows gross gambling receipts of up to $ 25,000 from bingo, $ 7,500 from raffles, and $ 7,500 from amusement games, not to exceed $ 30,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 103 |
||
| CLASS B | Allows gross gambling receipts of up to $ 60,000 from bingo, $ 15,000 from raffles, and $ 15,000 from amusement games, not to exceed $ 75,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 268 |
||
| CLASS C | Allows gross gambling
receipts of up to $ 125,000
from bingo, $ 30,000 from
raffles, and $ 30,000 from
amusement games, not to
exceed $ 150,000 combined
gross gambling receipts from
all such activities. Allows
general card games where no
fee to play is charged. |
$ 619 |
||
8. SEPARATE PREMISES |
||
| BINGO | Per occasion (see WAC 230-04-300) |
$ 26 |
| 9. PERMITS |
|||
| AGRICULTURAL FAIR-BINGO |
(See WAC 230-04-191) | $ 26 | |
| RECREATIONAL GAMING ACTIVITY (RGA) |
(See WAC 230-25-330 and 230-02-505) |
$ 53 |
10. CHANGES |
|||
| NAME | (See WAC 230-04-310) | $ 26 | |
| LOCATION | (See WAC 230-04-320) | $ 26 | |
| FRE | (Date or time) (See WAC 230-04-325) |
$ 26 |
|
| LICENSE CLASS | (See WAC 230-04-260) | $ 26 | |
| DUPLICATE | (See WAC 230-04-290) | $ 26 | |
| LICENSE |
|||
11. SPECIAL FEES |
|||
| INVESTIGATION | (See WAC 230-04-240) | As required | |
| REPLACEMENT | (See WAC 230-08-017) | $ 26 | |
| IDENTIFICATION | |||
| STAMPS | |||
| EXCEEDING LICENSE | (See WAC 230-04-260) | As required | |
| CLASS | |||
| REVIEW, | As required | ||
| INSPECTION AND/ | (See WAC 230-12-315) | ||
| OR EVALUATION | |||
| OF EQUIPMENT, | |||
| PARAPHERNALIA, | |||
| SERVICES, OR | |||
| SCHEMES |
|||
12. SIX-MONTH |
(See WAC 230-04-190) |
$ 26 |
|
| PAYMENT PLAN | |||
[Statutory Authority: RCW 9.46.070. 01-05-019 (Order 399), 230-04-202, filed 2/9/01, effective 3/12/01; 99-24-099 (Order 377), 230-04-202, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-202, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-202, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-04-202, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-202, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-02-003 and 94-23-093 (Order 260), 230-04-202, filed 12/22/94 and 11/17/94, effective 1/22/95 and 1/1/95.]
OTS-4937.1
AMENDATORY SECTION(Amending Order 399, filed 2/9/01, effective
3/12/01)
WAC 230-04-202
Fees--Bona fide charitable/nonprofit
organizations.
Bona fide charitable and nonprofit organizations
shall submit the following fees to the commission when applying
for gambling licenses, permits, miscellaneous changes, inspection
services, or when assessed the cost of special investigation
procedures by the commission:
| LICENSE TYPE | DEFINITION | FEE | |||
| 1. AMUSEMENT GAMES | (Fee based on annual gross gambling receipts) | ||||
| * Class A | Premises only | $ 53 | |||
| Class B | Up to | $ | 10,000 | $ 53 | |
| Class C | Up to | $ | 25,000 | $ 285 | |
| Class D | Up to | $ | 50,000 | $ 457 | |
| Class E | Over | $ | 50,000 | $ 797 | |
| * | Allows a charitable or nonprofit organization to enter into a contract with
Class "B" or above commercial amusement game licensee to locate and
operate amusement games on their premises. |
2. BINGO GROUP |
|||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE * | ||||||
| Class A | Up to | $ | 15,000 | $ | 1,000 | $ 53 | |
| Class B | Up to | $ | 50,000 | $ | 1,000 | $ 166 | |
| Class C | Up to | $ | 100,000 | $ | 2,000 | $ 339 | |
| Class D | Up to | $ | 250,000 | $ | 4,000 | $ 915 | |
| Class E | Up to | $ | 500,000 | $ | 8,000 | $ 1,541 | |
| Class F | Up to | $ | 1,000,000 | $ | 15,000 | $ 3,095 | |
| Class G | Up to | $ | 1,500,000 | $ | 23,000 | $ 4,467 | |
| Class H | Up to | $ | 2,000,000 | $ | 30,000 | $ 5,967 | |
| Class I | Up to | $ | 2,500,000 | $ | 38,000 | $ 7,455 | |
| Class J | Up to | $ | 3,000,000 | $ | 45,000 | $ 8,945 | |
| Class K | Up to | $ | 3,500,000 | $ | 53,000 | $ 10,034 | |
| Class L | Up to | $ | 4,000,000 | $ | 60,000 | $ 11,470 | |
| Class M and above | Over | $ | 4,000,000 | Not applicable |
12,906 | ||
| * | A licensee will be allowed a one-time variance for each license class
without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be
required to upgrade to the higher license class upon renewal. |
3. CARD GAMES |
|||
| Class A | General (Fee to play charged) | $571 | |
| Class B | Limited card games - hearts, rummy, pitch, pinochle, and cribbage (Fee to play charged) | $ 166 | |
| Class C | Tournament only - no more than ten consecutive days per tournament | $ 53 |
|
| Class D | General (No fee to play charged) | $ 53 |
4. FUND-RAISING EVENT |
|||
| Class A | One event - not more than 24 consecutive hours | ||
| First time applicant | $ 339 | ||
| *Previously licensed applicant | $ 200 |
||
| Class B | One event - not more than 72 consecutive hours | ||
| First time applicant | $ 571 | ||
| *Previously licensed applicant | $ 350 | ||
| Class C | Additional participant in joint event (not lead organization) | $ 166 |
|
| Class D | Limited fund-raising event (one event - not more than six consecutive hours) | ||
| First time applicant | $ 150 | ||
| **Previously licensed applicant | $ 100 |
||
| Class (( |
Fund-Raising Event Equipment Distributor - rents or leases, equipment for fund-raising event or recreational gaming activity for no more than ten times per year*** | $ 226 |
|
| Class (( |
Fund-Raising Event Equipment Distributor - rents or leases equipment for fund-raising event or recreational gaming activity more than ten times per year. | $ 571 |
|
| * | Provides for a reduced fee when charitable and nonprofit organizations apply for an additional Class A or Class B fund-raising event. |
| ** | Provides for a fee reduction when charitable and nonprofit organizations apply for an additional Class D limited fund-raising event. |
| *** | Charitable and nonprofit organizations licensed to conduct
fund-raising events may rent their equipment up to four occasions
during the term of the license without getting licensed as a
distributor. |
5. PUNCH BOARDS/PULL-TABS |
|||||||
| (Fee based on annual gross gambling receipts) |
VARIANCE* | ||||||
| Class A | Up to | $ | 50,000 | $ | 5,000 | $ 544 | |
| Class B | Up to | $ | 100,000 | $ | 5,000 | $ 971 | |
| Class C | Up to | $ | 200,000 | $ | 10,000 | $ 1,832 | |
| Class D | Up to | $ | 300,000 | $ | 10,000 | $ 2,663 | |
| Class E | Up to | $ | 400,000 | $ | 10,000 | $ 3,440 | |
| Class F | Up to | $ | 500,000 | $ | 10,000 | $ 4,153 | |
| Class G | Up to | $ | 600,000 | $ | 10,000 | $ 4,812 | |
| Class H | Up to | $ | 700,000 | $ | 10,000 | $ 5,416 | |
| Class I | Up to | $ | 800,000 | $ | 10,000 | $ 5,967 | |
| Class J | Up to | $ | 1,000,000 | $ | 20,000 | $ 6,765 | |
| Class K | Up to | $ | 1,250,000 | $ | 25,000 | $ 7,509 | |
| Class L | Up to | $ | 1,500,000 | $ | 25,000 | $ 8,201 | |
| Class M | .Up to | $ | 1,750,000 | $ | 25,000 | $ 8,771 | |
| Class N | Up to | $ | 2,000,000 | $ | 25,000 | $ 9,290 | |
| Class O | Over | $ | 2,000,000 | Non- applicable |
$ 10,208 | ||
| * | A licensee will be allowed a one-time variance for each license class
without having to upgrade or pay the penalties set forth in WAC 230-04-260: Provided, That a licensee utilizing the variance shall be
required to upgrade to the higher license class upon renewal. |
6. RAFFLES |
(Fee based on annual gross gambling receipts) |
||||
| Class A | Up to | $ | 5,000 | $ 53 | |
| Class B | Up to | $ | 10,000 | $ 166 | |
| Class C | Up to | $ | 25,000 | $ 339 | |
| Class D | Up to | $ | 50,000 | $ 571 | |
| Class E | Up to | $ | 75,000 | $ 915 | |
| Class F | Over | $ | 75,000 | $ 1,370 | |
7. COMBINATION LICENSE |
||||
| CLASS A | Allows gross gambling receipts of up to $ 25,000 from bingo, $ 7,500 from raffles, and $ 7,500 from amusement games, not to exceed $ 30,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 103 |
||
| CLASS B | Allows gross gambling receipts of up to $ 60,000 from bingo, $ 15,000 from raffles, and $ 15,000 from amusement games, not to exceed $ 75,000 combined gross gambling receipts from all such activities. Allows general card games where no fee to play is charged. | $ 268 |
||
| CLASS C | Allows gross gambling
receipts of up to $ 125,000
from bingo, $ 30,000 from
raffles, and $ 30,000 from
amusement games, not to
exceed $ 150,000 combined
gross gambling receipts from
all such activities. Allows
general card games where no
fee to play is charged. |
$ 619 |
||
8. SEPARATE PREMISES |
||
| BINGO | Per occasion (see WAC 230-04-300) |
$ 26 |
| 9. PERMITS |
|||
| AGRICULTURAL FAIR-BINGO |
(See WAC 230-04-191) | $ 26 | |
| RECREATIONAL GAMING ACTIVITY (RGA) |
(See WAC 230-25-330 and 230-02-505) |
$ 53 |
10. CHANGES |
|||
| NAME | (See WAC 230-04-310) | $ 26 | |
| LOCATION | (See WAC 230-04-320) | $ 26 | |
| FRE | (Date or time) (See WAC 230-04-325) |
$ 26 |
|
| LICENSE CLASS | (See WAC 230-04-260) | $ 26 | |
| DUPLICATE | (See WAC 230-04-290) | $ 26 | |
| LICENSE |
|||
11. SPECIAL FEES |
|||
| INVESTIGATION | (See WAC 230-04-240) | As required | |
| REPLACEMENT | (See WAC 230-08-017) | $ 26 | |
| IDENTIFICATION | |||
| STAMPS | |||
| EXCEEDING LICENSE | (See WAC 230-04-260) | As required | |
| CLASS | |||
| REVIEW, | As required | ||
| INSPECTION AND/ | (See WAC 230-12-315) | ||
| OR EVALUATION | |||
| OF EQUIPMENT, | |||
| PARAPHERNALIA, | |||
| SERVICES, OR | |||
| SCHEMES |
|||
12. SIX-MONTH |
(See WAC 230-04-190) |
$ 26 |
|
| PAYMENT PLAN | |||
[Statutory Authority: RCW 9.46.070. 01-05-019 (Order 399), 230-04-202, filed 2/9/01, effective 3/12/01; 99-24-099 (Order 377), 230-04-202, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-202, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-202, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-04-202, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-202, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-02-003 and 94-23-093 (Order 260), 230-04-202, filed 12/22/94 and 11/17/94, effective 1/22/95 and 1/1/95.]