WSR 01-19-035

PROPOSED RULES

GAMBLING COMMISSION


[ Filed September 13, 2001, 3:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-15-052.

Title of Rule: Licensing fees: WAC 230-04-202 Fees -- Bona fide charitable/nonprofit organizations (two alternatives), 230-04-203 Fees -- Commercial stimulant and other business organizations, 230-04-204 Fees -- Individuals (two alternatives), and 230-08-017 Control of gambling equipment -- Use of identification and inspection services stamps.

Purpose: After reviewing the agency's budget, staff have determined that a fee increase of approximately 2.79% is needed to cover budget requirements. This increase is in accordance with the limitations set forth in Initiative 601; we have not had a fee increase for two years.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: Two Alternatives: At the August meeting, Commissioner McLaughlin requested that the following two alternatives be available. Alternative #1: Increases licensing fees for charitable and nonprofit organizations by approximately 2.79% (except for fund-raising events) and Alternative #2: Fees for charitable and nonprofit licensees remain the same and are not increased. Both Alternative #1 and #2 list FRE licensing fees as set forth in staff's alternative to Mr. Walker's petition. FRE licensing fees will not be increased, and fees will be decreased for limited fund-raising events and for charitable organizations renewing their FRE license.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Ben Bishop, Lacey, (360) 486-3446; and Enforcement: Bob Berg, Lacey, (360) 486-3452.

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 and Summary above.

Proposal Changes the Following Existing Rules: At the May meeting, the commission filed a petition for rule change submitted by Richard Walker. Mr. Walker requested that licensing fees for fund-raising events (FRE) be reduced to $50. Staff did not feel a reduction of this amount would cover agency costs; therefore, staff proposed an alternative, which was filed by the commission at the June meeting. Staff's alternative reduced licensing fees for limited fund-raising events and reduced all FRE fees when charitable organizations renewed their FRE license. The alternative reduced fees, yet still allowed our agency to recover basic licensing costs. This amendment was up for final action at the August commission meeting. However at the meeting, the commission held the FRE fee change over and incorporated it into this rules package. By combining all changes to WAC 230-04-202 in one amendment, only one update will need to be incorporated into the rules manuals, rather than two.

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.

RCW 34.05.328 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: Sheraton Tacoma Hotel, 1320 Broadway Plaza, Tacoma, WA 98402, (253) 572-3200, on November 15, 2001, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by November 1, 2001, TDD (360) 486-3637, or (360) 486-3447.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by November 1, 2001.

Date of Intended Adoption: November 15, 2001.

September 13, 2001

Susan Arland

Rules Coordinator

OTS-5073.4


AMENDATORY SECTION(Amending Order 369, filed 12/1/98, effective 1/1/99)

WAC 230-08-017   Control of gambling equipment -- Use of identification and inspection services stamps.   To ensure gambling equipment is used only as authorized, manufacturers, distributors, linked bingo prize providers, and operators shall maintain close control over all gambling equipment in their possession.


Documenting equipment transfers.


(1) Each transfer of such equipment shall be documented by completing an invoice or other written record setting forth the information required by WAC 230-08-040.


ID stamps to be affixed to equipment.


(2) Identification and inspection services stamps obtained from the commission shall be used to identify gambling equipment and shall be permanently and conspicuously affixed to all equipment and devices designated by the commission. Once attached, identification and inspection services stamps shall not be removed, disfigured, or otherwise tampered with by any person. These stamps shall be attached and controlled in the following manner:


Equipment/devices requiring ID stamps.


(((1))) (3) Identification and inspection services stamps shall be attached to the following gambling equipment and devices:

(a) Punch boards and pull-tab series;

(b) Pull-tab dispensing devices;

(c) Disposable bingo cards((: Provided, That this requirement applies to cards shipped for use in Washington state after December 31, 1993. All inventory on hand at the distributor and operator level at the close of business on December 31, 1993, shall be exempt from this requirement));

(d) Coin or token-activated amusement games operated at any Class A amusement game license location;

(e) Electronic bingo card daubers; ((and))

(f) Electronic card facsimile table; and

(g) Other gambling equipment or devices, as determined by the director.


Purchasing and affixing ID stamps.


(((2))) (4) Identification and inspection services stamps shall only be sold to and attached by licensed manufacturers or commission staff: Provided, That a licensed owner of controlled gambling equipment may purchase and attach stamps as outlined in subsections (((7) and (8))) (10) and (11) of this section;


Fees for ID stamps.


(((3))) (5) The fee charged for identification and inspection services stamps shall be set by the commission at a level sufficient to fund regulation and control of gambling equipment. Fees shall be as set out below:

(a) Punch boards and pull-tabs:

(i) Standard - wagers fifty cents and below - twenty-seven cents;

(ii) Standard - wagers over fifty cents - one dollar and two cents;

(iii) Progressive jackpot pull-tab series - ten dollars and twenty-seven cents per series;

(iv) Pull-tab series with carry-over jackpots - one dollar and two cents;

(b) Pull-tab dispensing devices:

(i) Mechanical and electro-mechanical - twenty-seven cents:

(ii) Electronic - pull-tab dispensing devices that require initial and ongoing evaluation of electronic components or functions, such as reading encoded data on pull-tabs, accounting for income or prizes, and other functions determined by the director - one hundred two dollars and seventy-nine cents annually.

(c) Disposable bingo cards:

(i) Sets of individual cards or sheets of cards - twenty-seven cents;

(ii) Collations of cards - one dollar and ((ten)) thirteen cents;

(iii) Cards used to play for linked bingo prizes - forty-one cents per two hundred fifty cards.

(d) Coin or token-activated amusement games operated at any Class A amusement game license location - twenty-five dollars and sixty-nine cents annually;

(e) Electronic bingo card daubers - ten dollars and twenty-seven cents annually;

(f) Electronic card facsimile table - three hundred fifty dollars annually for each table. For initial and ongoing evaluation, testing and inspection of electronic components or functions;

(g) Other equipment or devices - the actual cost of inspection or approval, as determined by the director.


ID stamps valid for one year - exception.


(((4))) (6) Devices that require identification and inspection services stamps to be installed annually shall have such stamps attached prior to placing any device into play and, on or before December 31 of the year preceding operation for each subsequent year((: Provided, That annual identification and inspection services stamps shall be purchased and attached to electronic pull-tab dispensing devices, coin operated amusement games, and electronic bingo card daubers located in the state on December 31, 1996, prior to the operation of such devices on or after January 1, 1997)).


Affixing stamps - shipping and packaging.


(((5))) (7) Identification stamps shall only be affixed to gambling equipment or devices in such a manner as to assure reasonable inspection without obstruction. If equipment is enclosed or packaged within protective materials, the stamps shall be readily visible for inspection without removal of any portion of the protective packaging: Provided, That when more than one device is packed in a shipping carton, this requirement shall not apply if the identification and inspection services stamp numbers of all devices contained in the carton are printed or otherwise noted on the outside of the carton.


Location of ID stamps on equipment/devices.


(8) Stamps and records entry labels shall be affixed in the following manner:

(a) Punch boards - on the reverse side in an area that will not obstruct removal of punches: Provided, That if sufficient space is not available on the reverse side, the records entry labels may be wrapped around and/or partially attached to the edge of a punch board in a manner that will not obstruct display of prizes available or other information required by rules of the commission;

(b) Pull-tabs - on the face or reverse side of the flare. If placed on the face, then they must be in an area that will not obstruct prizes available or any other information required by rules of the commission;

(c) Pull-tab dispensing devices - on the outside of the main body, in an area that is not normally removed and replaced, and in a manner that will not obstruct the view of the pull-tabs available for play. The records entry labels shall not be affixed to dispensing devices and may be discarded; ((and))

(d) Disposable bingo cards - on the packing label attached to the outside of the shipping carton. Records entry labels shall be attached to the packing slip: Provided, That when a set or collation of cards is packed in more than one shipping carton, the stamp shall be attached to carton number one and the stamp number imprinted on all remaining shipping cartons; and

(e) Electronic facsimile card table - on the outside of the main body, in an area that is not normally removed and replaced, and in a manner that will not obstruct the view of the card facsimiles. The records entry labels shall not be affixed to table and may be discarded.


ID stamps shall only be affixed to approved devices.


(((6))) (9) Identification and inspection services stamps shall not be attached to gambling equipment or devices that do not comply with rules of the commission. If a piece of equipment or a device requires specific commission approval, stamps shall not be affixed prior to such approval.


Licensed owners may purchase ID stamps.


(((7))) (10) A licensed owner of gambling devices which require annual identifications and inspection services stamps may purchase such from the commission. The licensee shall submit the appropriate fee, along with a form provided by the commission, to obtain the stamps.


Replacing worn ID stamps on pull-tab dispensing devices.


 (((8))) (11) A licensed owner of pull-tab dispensing devices may obtain a commission identification and inspection services stamp to replace an identification stamp affixed to a pull-tab dispensing device that has become unidentifiable due to wear. The fee for replacement of the stamp shall be as required by WAC 230-04-202 and/or 230-04-203. The operator or distributor shall furnish the following information to the commission:

(a) A copy of the invoice from the operator, distributor or manufacturer for the purchase of the dispensing device in question; or

(b) A complete description of the pull-tab dispensing device, serial number, manufacturer, and the commission stamp number previously affixed to the device, if known.


Recordkeeping and replacing damaged stamps.


(((9))) (12) Manufacturers shall maintain records that will allow accountability for all identification and inspection services stamps issued to them by the commission for at least three years after they are affixed to devices and sold. This accountability shall be by indefinite retention of unused or damaged stamps or by records as set out in WAC 230-08-025: Provided, That damaged stamps may be returned to the commission and will be replaced with serviceable stamps if they are accompanied by a detailed listing of the damaged stamps and a ten cent per stamp service charge.

[Statutory Authority: RCW 9.46.070. 98-24-090 (Order 369), 230-08-017, filed 12/1/98, effective 1/1/99; 98-15-074 (Order 359), 230-08-017, filed 7/15/98, effective 1/1/99. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-08-017, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-08-017, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 94-23-007, 230-08-017, filed 11/3/94, effective 1/1/95; 94-01-033, 230-08-017, filed 12/6/93, effective 1/6/94. Statutory Authority: Chapter 9.46 RCW. 91-21-053 (Order 228), 230-08-017, filed 10/15/91, effective 11/15/91. Statutory Authority: RCW 9.46.070 (4), (11) and (14). 89-24-002 (Order 201), 230-08-017, filed 11/27/89, effective 12/28/89. Statutory Authority: RCW 9.46.070 (8), (11) and (14). 88-13-060 (Order 179), 230-08-017, filed 6/14/88.]

OTS-5100.4

Alternative #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)) 54
Class B Up to $ 10,000 $ ((53)) 54
Class C Up to $ 25,000 $ ((285)) 292
Class D Up to $ 50,000 $ ((457)) 469
Class E Over $ 50,000 $ ((797)) 818

* 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)) 54
Class B Up to $ 50,000 $ 1,000 $ ((166)) 170
Class C Up to $ 100,000 $ 2,000 $ ((339)) 348
Class D Up to $ 250,000 $ 4,000 $ ((915)) 940
Class E Up to $ 500,000 $ 8,000 $ ((1,541)) 1,582
Class F Up to $ 1,000,000 $ 15,000 $ ((3,095)) 3,180
Class G Up to $ 1,500,000 $ 23,000 $ ((4,467)) 4,590
Class H Up to $ 2,000,000 $ 30,000 $ ((5,967)) 6,132
Class I Up to $ 2,500,000 $ 38,000 $ ((7,455)) 7,662
Class J Up to $ 3,000,000 $ 45,000 $ ((8,945)) 9,194
Class K Up to $ 3,500,000 $ 53,000 $ ((10,034)) 10,312
Class L Up to $ 4,000,000 $ 60,000 $ ((11,470)) 11,790
Class M and above Over $ 4,000,000 Not

applicable

 ((12,906)) $13,266
* 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)) 586
Class B Limited card games - hearts, rummy, pitch, pinochle, and cribbage (Fee to play charged) $ ((166)) 170
Class C Tournament only - no more than ten consecutive days per tournament

$ ((53)) 54
Class D General (No fee to play charged)

$ ((53)) 54

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 ((D)) E 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)) F 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)) 559
Class B Up to $ 100,000 $ 5,000 $ ((971)) 998
Class C Up to $ 200,000 $ 10,000 $ ((1,832)) 1,882
Class D Up to $ 300,000 $ 10,000 $ ((2,663)) 2,736
Class E Up to $ 400,000 $ 10,000 $ ((3,440)) 3,534
Class F Up to $ 500,000 $ 10,000 $ ((4,153)) 4,268
Class G Up to $ 600,000 $ 10,000 $ ((4,812)) 4,946
Class H Up to $ 700,000 $ 10,000 $ ((5,416)) 5,566
Class I Up to $ 800,000 $ 10,000 $ ((5,967)) 6,132
Class J Up to $ 1,000,000 $ 20,000 $ ((6,765)) 6,952
Class K Up to $ 1,250,000 $ 25,000 $ ((7,509)) 7,718
Class L Up to $ 1,500,000 $ 25,000 $ ((8,201)) 8,428
Class M .Up to $ 1,750,000 $ 25,000 $ ((8,771)) 9,014
Class N Up to $ 2,000,000 $ 25,000 $ ((9,290)) 9,548
Class O Over $ 2,000,000 Non-

applicable

 $ ((10,208)) 10,492
* 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)) 54
Class B Up to $ 10,000 $ ((166)) 170
Class C Up to $ 25,000 $ ((339)) 348
Class D Up to $ 50,000 $ ((571)) 586
Class E Up to $ 75,000 $ ((915)) 940
Class F Over $ 75,000 $ ((1,370)) 1,408

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)) 105
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)) 275
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)) 636

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)) 54

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
TRANSFER (See WAC 230-04-240 and 230-04-340) $ 54

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 PAYMENT PLAN
(See WAC 230-04-190)
$ 26

[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-5126.1

Alternative #2
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

$ 339
First time applicant
*Previously licensed applicant $ 200
Class B One event - not more than 72 consecutive hours

$ 571
First time applicant
*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 ((D)) E 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)) F 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 PAYMENT PLAN
(See WAC 230-04-190)
$ 26

[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-5068.3


AMENDATORY SECTION(Amending Order 399, filed 2/9/01, effective 3/12/01)

WAC 230-04-203   Fees -- Commercial stimulant and other business organizations.   All persons seeking to operate gambling activities 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. CARD GAMES
Class B Up to five tables of limited card games - hearts, rummy, pitch, pinochle, and/or cribbage (Fee to play charged)

$ ((166)) 170
Class C Tournament only, no more than ten consecutive days per tournament.

C-5 Up to five tables $ ((166)) 170
C-10 Up to ten tables $ ((300)) 308
C-15 Up to fifteen tables $ ((500)) 513
Class D General - Up to five tables (No fee to play charged) $ ((53)) 54
Class E *General (Fee to play charged)
E-1 One table only $ ((398)) 409
E-2 Up to two tables $ ((685)) 704
E-3 Up to three tables $ ((1,142)) 1,172
E-4 Up to four tables $ ((2,287)) 2,350
E-5 Up to five tables $ ((3,440)) 3,534
Additional tables up to a maximum of fifteen may be authorized for an additional per table fee of $ ((1000)) 1,027.
*In addition to the above initial license fee, the commission will assess all applicants/licensees the actual costs that exceed the license fee for conducting the initial investigation and inspection, any follow-up reviews or investigations involved in the approval of activities and schemes.
Class F Enhanced cardroom activities endorsement - Includes alternative fee collections (per hand; pot rake) and use of player-supported jackpot schemes.
Annual license fee $ ((1,500)) 1,540
2. CARD GAMES - HOUSE-BANKED
All tables within a card room operating any house-banked card game shall be licensed under this license class.
*Annual license fee $ ((6,000)) 6,166
Per table fee (up to fifteen tables) $ ((1,500)) 1,540
*The commission will assess all applicants the actual costs for conducting the initial license investigation and premises inspection. Any post licensing follow-up reviews, inspections, internal control evaluations or subsequent phases of operation shall also be charged actual costs. Licensees will be evaluated and charged for these additional authorizations/phases on an individual case by case basis.

3.
COMMERCIAL

AMUSEMENT

GAMES

(Fee based on annual gross

gambling receipts)
* Class A Premises only **(( $ 285/$ 130)) $292/$133
Class B Up to $ 50,000 $ ((398)) 409
Class C Up to $ 100,000 $ ((1,024)) 1,052
Class D Up to $ 250,000 $ ((2,287)) 2,350
Class E Up to $ 500,000 $ ((4,012)) 4,122
Class F Up to $ 1,000,000 $ ((6,883)) 7,074
Class G Over $ 1,000,000 $ ((8,610)) 8,850
* Allows a business that is qualified under WAC 230-04-138 (1)(f), (g), (h), (i), or (j) to enter into a contract with a class "B" or above commercial amusement game licensee to locate and operate amusement games upon their premises.
** Provides for a fee reduction of $ ((155)) 159 when: Renewing an annual license; applying for an additional license(s) at the same premises; and/or applying for multiple licenses at the same premises.

4.
PUNCH BOARDS/

PULL-TABS

(Fee based on annual gross

gambling receipts)
VARIANCE*
Class A Up to $ 50,000 $ 5,000 $ ((544)) 559
Class B Up to $ 100,000 $ 5,000 $ ((971)) 998
Class C Up to $ 200,000 $ 10,000 $ ((1,832)) 1,882
Class D Up to $ 300,000 $ 10,000 $ ((2,663)) 2,736
Class E Up to $ 400,000 $ 10,000 $ ((3,440)) 3,534
Class F Up to $ 500,000 $ 10,000 $ ((4,153)) 4,268
Class G Up to $ 600,000 $ 10,000 $ ((4,812)) 4,946
Class H Up to $ 700,000 $ 10,000 $ ((5,416)) 5,566
Class I Up to $ 800,000 $ 10,000 $ ((5,967)) 6,132
Class J Up to $ 1,000,000 $ 20,000 $ ((6,765)) 6,952
Class K Up to $ 1,250,000 $ 25,000 $ ((7,509)) 7,718
Class L Up to $ 1,500,000 $ 25,000 $ ((8,201)) 8,428
Class M Up to $ 1,750,000 $ 25,000 $ ((8,771)) 9,014
Class N Up to $ 2,000,000 $ 25,000 $ ((9,290)) 9,548
Class O Over $ 2,000,000 Nonapplicable $ ((10,208)) 10,492
* 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.
5. PUNCH BOARD AND PULL-TAB SERVICE BUSINESS
(See WAC 230-04-133) *Initial application fee $ ((206)) 211
Additional associate $ ((129)) 132
Renewal $ ((51)) 52
*Includes up to two associates.

6.
DISTRIBUTOR
(Fee based on annual gross sales of gambling related supplies and equipment)
(a) Class A Nonpunch board/pull-tab only $ ((571)) 586
Class B Up to $ 250,000 $ ((1,142)) 1,172
Class C Up to $ 500,000 $ ((1,715)) 1,762
Class D Up to $ 1,000,000 $ ((2,287)) 2,350
Class E Up to $ 2,500,000 $ ((2,977)) 3,060
Class F Over $ 2,500,000 $ ((3,667)) 3,768
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification.
(b) FUND-RAISING

EVENT EQUIPMENT

DISTRIBUTOR
Class A Rents or leases equipment for fund-raising event or recreational gaming activity up to 10 times per year.

$ ((226)) 232
Class B Rents or leases equipment for fund-raising event or recreational gaming activity more than 10 times per year.

$ ((571)) 586
7. GAMBLING SERVICE SUPPLIER
(See WAC 230-04-119) $ ((594)) 610
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification.
An annual fee of $ 129 shall be charged for each new contract initiated by the gambling service supplier.
8. LINKED BINGO PRIZE PROVIDER
(See WAC 230-04-126) $ ((3,815)) 3,920

9.
MANUFACTURER
(Fee based on annual gross sales of gambling related supplies and equipment)
Class A Pull-tab dispensing devices only $ ((571)) 586
Class B Up to $ 250,000 $ ((1,142)) 1,172
Class C Up to $ 500,000 $ ((1,715)) 1,762
Class D Up to $ 1,000,000 $ ((2,287)) 2,350
Class E Up to $ 2,500,000 $ ((2,977)) 3,060
Class F Over $ 2,500,000 $ ((3,667)) 3,768
In addition to the annual fee, the commission will assess all applicants the actual costs incurred in conducting the investigation and inspection necessary for initial certification, quality control inspection for additional activities or product lines, compliance suitability evaluations, and renewal of licenses when travel cost is incurred to complete the investigation.

10.
PERMITS

AGRICULTURAL FAIR/

SPECIAL PROPERTY

BINGO
Class A One location and event only (See WAC 230-04-191) $ 26
Class B Annual permit for specified different events and locations (See WAC 230-04-193)

$ ((166)) 170
RECREATIONAL

GAMING ACTIVITY

(RGA)

 (See WAC 230-02-505

and 230-25-330)

$ ((53)) 54
MANUFACTURER'S SPECIAL SALES PERMIT (See WAC 230-04-115) *$((200)) 205
*The two hundred five dollar fee is nonrefundable, whether the sales permit is approved or not. In addition, an applicant may be assessed additional fees incurred to process and determine suitability.

11.
CHANGES
NAME (See WAC 230-04-310) $ 26
LOCATION (See WAC 230-04-320) $ 26
BUSINESS (Same owners) $ ((53)) 54
CLASSIFICATION (See WAC 230-04-340)
LICENSE CLASS (See WAC 230-04-260) New class fee, less previous fee paid, plus

$ 26
DUPLICATE LICENSE (See WAC 230-04-290) $ 26
((OWNERSHIP OF)) CORPORATE STOCK/LIMITED LIABILITY COMPANY SHARES/UNITS (See WAC ((230-04-340)) 230-04-360) $ ((53)) 54
LICENSE TRANSFERS (See WAC 230-04-125((,)) and 230-04-340((, and

230-04-350)))

 $ ((53)) 54

12.
SPECIAL FEES
INVESTIGATION (See WAC 230-04-240) As required
IDENTIFICATION AND

INSPECTION

SERVICES STAMPS

 (See WAC 230-08-017) As required
QUALITY CONTROL

INSPECTION FEES

 (See WAC 230-30-030) As required
REPLACEMENT OF

IDENTIFICATION

STAMPS

 (See WAC 230-30-017)

$ 26
EXCEEDING LICENSE

CLASS

 (See WAC 230-04-260) As required
REVIEW,

INSPECTION AND/

OR EVALUATION

OF EQUIPMENT,

PARAPHERNALIA,

SERVICES, OR

SCHEMES

 (See WAC 230-12-315) As required
SPECIAL SALES

PERMITS

 (See WAC 230-04-115) As required
ELECTRONIC CARD

FACSIMILE TABLE

IDENTIFICATION

 (See WAC 230-08-017) *$ 350
STAMP

 *Annually, for each separate table

13.
SIX-MONTH

PAYMENT PLAN
(See WAC 230-04-190)

$ 26

[Statutory Authority: RCW 9.46.070. 01-05-019 (Order 399), 230-04-203, filed 2/9/01, effective 3/12/01; 00-15-039 (Order 385), 230-04-203, filed 7/14/00, effective 1/1/01; 99-24-099 (Order 377), 230-04-203, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-203, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-203, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-04-203, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-203, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 95-12-052, 230-04-203, filed 6/2/95, effective 7/3/95; 95-02-003 and 94-23-007, 230-04-203, filed 12/22/94 and 11/3/94, effective 1/22/95 and 1/1/95.]

OTS-5066.1


AMENDATORY SECTION(Amending Order 399, filed 2/9/01, effective 3/12/01)

WAC 230-04-204   Fees -- Individuals.   Individuals shall submit the following fees to the commission when applying for gambling licenses, permits, miscellaneous changes, or when assessed the cost of special investigation procedures by the commission:


LICENSE TYPE DEFINITION FEE
1. CHARITABLE OR NONPROFIT GAMBLING MANAGER Original $ ((166)) 170
Renewal $ ((80)) 82
Change of Employer
 $ ((80)) 82
2. LINKED BINGO PRIZE PROVIDER REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
3. COMMERCIAL GAMBLING MANAGER Original $ ((166)) 170
Renewal $ ((80)) 82
Change of Employer
 $ ((80)) 82
4. DISTRIBUTOR'S OR GAMBLING SERVICES SUPPLIER REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
5. MANUFACTURER'S REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
6. PUBLIC CARD ROOM EMPLOYEE CLASS A - Performs duties as defined in WAC 230-02-415 in a class E card room.
Original $ ((166)) 170
Renewal $ ((80)) 82
CLASS B - Performs duties as defined in WAC 230-02-415 in enhanced and house-banked card rooms.
Original,
in-state $ ((224)) 230
Original,
out-of-state $ ((279)) 286
Renewal $ ((139)) 142
Transfer/Additional

Employee/Conversion/

Emergency Waiver Request

 $ ((55)) 56
7. OTHER FEES
CHANGE OF NAME (See WAC 230-04-310) $ 26
DUPLICATE LICENSE (See WAC 230-04-290) $ 26
OUT-OF-STATE RECORDS INQUIRY (See WAC 230-04-240) As

required

[Statutory Authority: RCW 9.46.070. 01-05-019 (Order 399), 230-04-204, filed 2/9/01, effective 3/12/01; 99-24-099 (Order 377), 230-04-204, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-204, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-204, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-204, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 96-09-070, 230-04-204, filed 4/16/96, effective 7/1/96; 94-23-007, 230-04-204, filed 11/3/94, effective 1/1/95.]

OTS-5119.1


AMENDATORY SECTION(Amending Order 399, filed 2/9/01, effective 3/12/01)

WAC 230-04-204   Fees -- Individuals.   Individuals shall submit the following fees to the commission when applying for gambling licenses, permits, miscellaneous changes, or when assessed the cost of special investigation procedures by the commission:


LICENSE TYPE DEFINITION FEE
1. CHARITABLE OR NONPROFIT GAMBLING MANAGER Original $ 166
Renewal $ 80
Change of Employer
 $ 80
2. LINKED BINGO PRIZE PROVIDER REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
3. COMMERCIAL GAMBLING MANAGER Original $ ((166)) 170
Renewal $ ((80)) 82
Change of Employer
 $ ((80)) 82
4. DISTRIBUTOR'S OR GAMBLING SERVICES SUPPLIER REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
5. MANUFACTURER'S REPRESENTATIVE Original $ ((226)) 232
Renewal
 $ ((139)) 142
6. PUBLIC CARD ROOM EMPLOYEE CLASS A - Performs duties as defined in WAC 230-02-415 in a class E card room.
Original $ ((166)) 170
Renewal $ ((80)) 82
CLASS B - Performs duties as defined in WAC 230-02-415 in enhanced and house-banked card rooms.
Original,
in-state $ ((224)) 230
Original,
out-of-state $ ((279)) 286
Renewal $ ((139)) 142
Transfer/Additional

Employee/Conversion/

Emergency Waiver Request

 $ ((55)) 56
7. OTHER FEES
CHANGE OF NAME (See WAC 230-04-310) $ 26
DUPLICATE LICENSE (See WAC 230-04-290) $ 26
OUT-OF-STATE (See WAC 230-04-240) As
RECORDS INQUIRY required

[Statutory Authority: RCW 9.46.070. 01-05-019 (Order 399), 230-04-204, filed 2/9/01, effective 3/12/01; 99-24-099 (Order 377), 230-04-204, filed 11/30/99, effective 12/31/99; 98-21-010 (Order 366), 230-04-204, filed 10/9/98, effective 11/9/98. Statutory Authority: RCW 9.46.070(5). 97-23-053, 230-04-204, filed 11/17/97, effective 6/30/98. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-204, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 96-09-070, 230-04-204, filed 4/16/96, effective 7/1/96; 94-23-007, 230-04-204, filed 11/3/94, effective 1/1/95.]

Washington State Code Reviser's Office