PERMANENT RULES
Date of Adoption: August 9, 2002.
Purpose: This rule package is to implement legislation, SB 6491, which was adopted in the 2002 legislative session. The new law clarifies that the commission shall perform fingerprinting and national criminal history background checks on applicants for a gambling license. As set forth in SB 6491, this amendment identifies which persons named on the application are subject to the national criminal history background checks.
Citation of Existing Rules Affected by this Order: Amending WAC 230-04-180.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 02-13-112 on June 19, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 1,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
August 13, 2002
Susan Arland
Rules Coordinator
OTS-5785.1
AMENDATORY SECTION(Amending Order 5, filed 12/19/73)
WAC 230-04-180
((Fingerprinting and)) Background
checks -- Fingerprinting.
The commission may require ((as a
condition precedent to the issuance of)) background checks prior
to issuing any license, certification or ((any)) permit,
((fingerprinting and background checks on any person seeking a
license or for whom a permit is sought, or employees thereof, of
any person holding an interest in any gambling activity, building
or equipment to be used therefor, or of any person participating
as an employee in the operation of any gambling activity. Such
fingerprints as are required by the commission may be submitted
to the identification division of the federal bureau of
investigation and to the Washington state bureau of criminal
identification in order that these agencies may search their
records for prior arrests and convictions of the individuals
fingerprinted.
The applicant, or the person for whom a permit is requested, shall give full cooperation to the commission and shall assist the commission in all aspects of its investigation)) on persons holding an interest in a gambling activity; persons holding an interest in a building or equipment used for a gambling activity; and employees of a gambling activity.
(1) A national criminal history background check, using fingerprints submitted to the United States Department of Justice -Federal Bureau of Investigation, shall be conducted to determine the qualifications of applicants for the following licenses, permits or certifications:
(a) Amusement games for commercial use: Class E and above;
(b) Card games: Class E, Class F and house-banked card rooms;
(c) Punch boards/pull-tabs for commercial stimulant: Class F and above;
(d) Manufacturers: Class B and above;
(e) Distributors: Class B and above;
(f) Gambling service suppliers;
(g) Representatives for distributors, manufacturers, gambling service suppliers, and linked bingo prize providers;
(h) Managers of commercial gambling operations;
(i) Public card room employees; and
(j) Linked bingo prize providers.
(2) The commission may require a national criminal history background check, using fingerprints submitted to the United States Department of Justice-Federal Bureau of Investigation, for any other person submitting information to the commission.
[Order 5, § 230-04-180, filed 12/19/73.]