Effective Date of Rule: January 1, 2008.

     Purpose: The gambling commission is rewriting its rules manual using plain English techniques (rules simplification project). We anticipate the project will be completed and implemented January 1, 2008. The rules manual is being broken into sections and rewritten a section at a time. Any sustentative changes made to current card room rules are identified below.

     Director Day reevaluated the rules with director delegations and made policy decisions about which of them actually require the director to become involved and which the director chooses to delegate to commission staff. The following post-1/1/2008 rules have these delegations to commission staff introduced into them: WAC 230-15-030 Authorized nonhouse-banked card games, 230-15-035 Requirements for authorized card games, 230-15-040 Authorizing new games or changing game rules, 230-15-045 Withdrawing approved card game, 230-15-075 Card game fees for nonhouse-banked card games, 230-15-100 Providing cards and chips in card rooms, 230-15-025 Hours of play, 230-15-065 Enforcement of card game rules of play, 230-15-485 Standards for electronic facsimiles of cards, 230-15-365 Getting approval for player-supported jackpots, 230-15-545 Interruption of card games for more than seven days, 230-15-710 Permanently removing a progressive jackpot or a portion of a progressive jackpot from play, 230-15-490 Limiting payouts for odds-based wagers, 230-15-740 Preparing required financial statements, 230-15-510 Transferring chips and coin to the gambling tables, 230-15-530 Completing the credit process, and 230-15-635 Electronic key control systems.

     When a business is licensed, the business is given a packet of forms which it uses to administer the card room. Some of these forms must be used; others are model forms which the licensee may convert to their own use. Much of the information in the "laundry lists" in the current rules is repeated verbatim on the application and administration forms. Repeating the information in the rule is unnecessary, so that the post-1/1/2008 rules replace these "laundry lists" with the phrase, "in the format we require." Applicants and licensees can then simply fill out the forms we give them and be in compliance. Pre-1/1/2008 Rule: WAC 230-40-010 Rules of play for all card games.

     Pre-1/1/2008 Rules: WAC 230-40-052 Daily records -- Card games, 230-08-160 Semiannual activity reports by operators of social and public card rooms, 230-40-800 Operating rules for house-banked card games, 230-40-830 Cashier's cage -- Requirements -- House-banking, 230-40-845 Procedures for exchange of checks submitted by gaming patrons at cashier's cage, 230-40-870 Removing chips and coins from tables -- Requests and credits -- House-banking, and 230-40-875 Closing gaming tables -- House-banking.

     Post-1/1/2008 Rules: WAC 230-15-040 Authorizing new games or changing game rules, 230-15-155 NSF checks, 230-15-190 Preparing card game records, 230-15-200 Reporting card game activity semiannually, 230-15-210 Entry fees and buy-ins for card tournaments, 230-15-250 Recordkeeping for card tournaments, 230-15-325 Surveillance room sign-in log, 230-15-330 Keeping a surveillance activities log, 230-15-405 Paying out prizes on a player-supported jackpot, 230-15-425 Internal controls, 230-15-495 Opening tables, 230-15-515 Requirements for request for fill/credit slips, 230-15-520 Requirements for fill/credit slips, 230-15-530 Completing the credit process, 230-15-535 Closing tables, 230-15-565 Access and entrance to cashier's cage, 230-15-605 Requirements for count rooms, 230-15-645 Keeping a key control log, 230-15-725 Keeping all card game records, and 230-15-745 Signature cards.

     Post-1/1/2008 Rule, WAC 230-15-050 Minimum cash on hand requirements. We relocated the pre-1/1/2008 rule, WAC 230-40-833 Cashier's bank and minimum bankroll -- House-banking, to the "general card room rules" section of the post-1/1/2008 rules, instead of having it only in the house-banked card room rules section. We made this change because the minimum cash on hand requirements is a requirement for all card game licensees, not just house-banked licensees. Licensees are already complying with the requirements for cash on hand. This change would make that compliance mandatory and align the rules with the actual practice of agents and licensees.

     Post-1/1/2008 Rule, WAC 230-15-080 Authorized fees and authorized methods of collection. When WAC 230-40-050 Fees for nonhouse-banked card games -- Assessment and collection -- Maximum fees, was passed in 2000, we tried to leave the regulation broad so that we could allow for possible changes in method. Since then, no one has submitted a request for another method of collection. If someone did wish to introduce a new method of collection, going through the rules change process would be a better method to evaluate a new collection method.

     We also took out a sentence that stated that the director could authorize alternative methods of collection. We have not authorized an alternative method of collection beyond a period of time, per hand, or rake fee.

     Post-1/1/2008 Rule, WAC 230-15-100 Providing cards and chips in card rooms. We included Class B and Class C charitable or nonprofit card game licensees in this rule because these classes were inadvertently left out of the pre-1/1/2008 rule, WAC 230-40-070 Licensee to furnish all cards, chips and other services. All card game licensees, except for Class D, must provide cards and chips and may not charge players for these.

     Post-1/1/2008 Rule, WAC 230-15-105 Only authorized cards or chips may be used. We removed "that business day" from the text because there's no practical way to enforce the rule unless we search everyone leaving the business premises for chips. The pre-1/1/2008 rule was WAC 230-40-080 Person not to bring their own cards or chips.

     Post-1/1/2008 Rule, WAC 230-15-150 Selling and redeeming chips. We included subsection (6) stating that licensees must "count each transaction for the purchase of chips as a separate transaction; for example, do not allow a player's check to be altered after it is exchanged for chips." We wanted to emphasize that checks, once received by the cashier, cannot be altered. Players must write a second check if they want to buy more chips later, instead of altering a check already received at the cashier's cage. We are clarifying the pre-1/1/2008 rule, WAC 230-40-070 Licensee to furnish all cards, chips and other services, language about separate transactions for each purchase.

     In the amended package, we also rewrote a portion of this rule to clarify the amount of time licensees had to make their deposits at the bank. Our first rewrite of the rule mistakenly made their time limit shorter and we amended the rule to make sure that the requirement was unchanged from the pre-1/1/2008 rule, WAC 230-40-070 Licensee to furnish all cards, chips and other services.

     Post-1/1/2008 Rule, WAC 230-15-170 Photos of card room employees required. We removed the requirement from pre-1/1/2008, WAC 230-02-415 Card room employee defined, that photos of card room employees be posted in the card room. When the house-banked card game license was introduced in 2000, we stopped enforcing the requirement that employers post card room employee photos because of safety and privacy concerns of card room employee licensees. It is also impractical to require licensees to post the photos of eighty to ninety employees. Licensees must, however, have photos of the employees on site and available for inspection.

     Post-1/1/2008 Rule, WAC 230-15-175 Reporting card room employees no longer working. We changed the amount of time within which we must receive notice of a card room employee terminating employment. The pre-1/1/2008 rule, WAC 230-04-142 Notification to the commission upon beginning, terminating, or changing employment -- Public card room employees, required [that] licensees report to us "not later than 5 p.m. on the seventh day" after the card room employee terminates employment. We have changed that to "within ten days of the employee terminating" in the post-1/1/2008 rule.

     We have attempted in other rules to standardize the timing of reporting by requiring notice within thirty days, or when thirty days is not reasonable, ten days. In this case, thirty days is not a reasonable amount of time because field staff needs to know who is working in a particular location at a given time.

     Post-1/1/2008 Rule, WAC 230-15-185 Preventing cheating in card games. In the pre-1/1/2008 rule, WAC 230-40-250 Licensee to prevent cheating in card games, we required licensees to notify local law enforcement of cheating immediately. In the new rule, we have added that licensees must also report cheating to us within three days. This change matches the current field requirements.

     Post-1/1/2008 Rule, WAC 230-15-190 Preparing card room records. We changed the requirement in pre-1/1/2008 rule, WAC 230-08-010 Monthly records, for when monthly records must be printed or backed up in a permanent form from "on a periodic basis" to a less ambiguous length of time: Once per month.

     Post-1/1/2008 Rule, WAC 230-15-225 Tournament rules and prizes. Licensees routinely use a sign up log to determine which players will participate in a tournament. Licensees often have more players signed up than they have seats in the tournament. We introduced the rule interpretation for pre-1/1/2008 rule, WAC 230-40-055 Card tournaments for fee and prizes -- Reporting requirements, "posting entry fee requirements" which states that licensees may use a drawing to determine who will be allowed to play. However, after the tournament has begun, licensees may not use a drawing to fill an extra seat.

     Post-1/1/2008 Rule, WAC 230-15-235 Exclusive tournament entry as customer appreciation. We added a long-standing rule interpretation on pre-1/1/2008 rule, WAC 230-40-055 Card tournaments for fee and prizes -- Reporting requirements, that stated that owners of card rooms may hold tournaments that restrict entry to certain groups as long as they post all the restrictions on entry in the tournament rules. Addressing rule interpretations was a goal of the rules simplification project. Our goal is to replace all rule interpretations with clearer WACs.

     Post-1/1/2008 Rule, WAC 230-15-300 Using multiplex and quad recording devices in required surveillance. In October 2004, pre-1/1/2008 rule, WAC 230-40-625 Closed circuit television system -- Class F card rooms, was changed erroneously. WAC 230-40-625 states that multiplexing and quad recording devices may not be used in required surveillance, when in actuality, they may be used on certain required areas. We used this opportunity to correct the error.

     Post-1/1/2008 Rule, WAC 230-15-325 Surveillance room sign-in log. We have combined the surveillance requirements for both Class F and house-banked licensees into one section and merged most of the rules. This particular rule change requires that licensees keep a surveillance room sign-in log to document anyone entering or leaving the surveillance room. The pre-1/1/2008 rules, WAC 230-40-625 Closed circuit television system -- Class F card rooms and 230-40-825 Closed circuit television system -- House-banking, required an employee sign-in log. Informally, a visitor's sign-in log was used in the surveillance room as well. We are combining both logs to improve consistency and accuracy of the log.

     Post-1/1/2008 Rule, WAC 230-15-335 Internal controls. Class F card game licensees are not required to have a separate security department, so we removed that requirement from pre-1/1/2008 rule, WAC 230-40-615 Nonhouse-banked card games -- Administrative and accounting control structure -- Organization.

     Further, surveillance requirements for Class F licensees are covered in other rules. Repeating the requirements stated in pre-1/1/2008 rule, WAC 230-40-615 Nonhouse-banked card games -- Administrative and accounting control structure -- Organization is redundant, so it was removed in post-1/1/2008 rule, WAC 230-15-335 Internal controls.

     We added the requirement for Class F licensees and card room employees to follow internal controls in post-1/1/2008 rule, WAC 230-15-335 Internal controls, to make this a consistently enforced requirement for all card game licensees.

     Post-1/1/2008 Rule, WAC 230-15-385 Collecting funds for a player-supported jackpot. We changed the final section of the pre-1/1/2008 rule, WAC 230-40-610 Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval, which said, "This assessment shall be separately collected using the rake method." In the post-1/1/2008 rule, it says, "Licensees must use either the chip rack or drop box method to collect these funds." Rake is a type of fee; chip rack or drop box are the collection methods. We are attempting to clarify the terms we use in the card game rules and this change uses those rules in a more consistent manner.

     Post-1/1/2008 Rule, WAC 230-15-405 Paying out prizes on a player-supported jackpot. We have changed the pre-1/1/2008 rule, WAC 230-40-610 Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval, which stated: "The winning hand and remaining deck shall be maintained on the premises as part of daily card room records for a period of seven days, unless released by a commission agent" to "Licensees must keep the winning hand and remaining deck on the business premises for seven gambling days." Agents have never released a licensee from keeping the winning hand and deck, so we removed the requirement.

     Post-1/1/2008 Rule, WAC 230-15-410 Owners, prize fund custodians, and card room employees participating in player-supported jackpots. In this rule, we add the phrase "prize fund custodian" to subsections (2) and (3) of the text. Because of the important restrictions on owners and card room employees participating in player-supported jackpot games set out in this rule, we're certain that pre-1/1/2008 rule, WAC 230-40-610 Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval, meant to restrict their participation and we made the change to make that clear.

     Post-1/1/2008 Rule, WAC 230-15-415 Removing a player-supported jackpot from play. Previously, we had no instructions about what licensees must do if a taxing authority seized all or part of a player-supported jackpot to cover unpaid gambling or other taxes. Adding this brings the rule in line with a rule interpretation of pre-1/1/2008 rule, WAC 230-40-610 Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval, about tax seizure.

     Post-1/1/2008 Rule, WAC 230-15-420 Resolving disputes over player-supported jackpots. Most times, disputes over player-supported jackpots are resolved without the need for the director to be involved. With the change made to pre-1/1/2008 rule, WAC 230-40-610 Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval, we give the director the discretion to decide when he or she needs to become involved.

     Post-1/1/2008 Rule, WAC 230-15-425 Internal controls. Several of our rules, including pre-1/1/2008 rule, WAC 230-40-815 Administrative and accounting control structure -- Organization -- House-banking, require that licensees make internal controls and other records available to us or to other law enforcement agencies at any time they are requested, but we never had a requirement that the licensee have a copy of the internal controls on site. The addition of this requirement for internal controls will prevent many misunderstandings about internal controls, both between agents and licensees and between licensees and their employees. We also require card room employees to know the internal controls concerning their specific functions. If the licensee has to have a copy of the internal controls on site, employees can easily see what their role in maintaining the internal controls is. We also added that licensees must follow all the restrictions contained in the Gambling Act, chapter 9.46 RCW. Again, the requirement was implied before in pre-1/1/2008 rule, WAC 230-40-815 Administrative and accounting control structure -- Organization -- House-banking, but not stated outright. These changes reinforce the connection we hope to make with the statute and the WAC rules.

     Post-1/1/2008 Rule, WAC 230-15-440 Modifying internal controls and changing card games offered. Pre-1/1/2008 rule, WAC 230-40-815 Administrative and accounting control structure -- Organization -- House-banking, requires that card game licensees submit a changed version of their complete internal controls if they wish to change a game being offered in their card room. Special agents review the entire internal controls and go out to the card room to do an inspection before allowing the change to occur.

     We rewrote pre-1/1/2008 rule, WAC 230-40-815 Administrative and accounting control structure -- Organization -- House-banking, to include an existing rule interpretation that allowed licensees to submit a changed version of their internal controls and receive a verbal approval for the change from their agent while continuing to operate. Special agents then will complete a review of the new game on their next visit to the card room.

     Post-1/1/2008 Rule, WAC 230-15-510 Transferring chips and coin to the gambling tables. We added the word "coin" into subsections (2) and (3) of this rule. The word was inadvertently left out of pre-1/1/2008 rule, WAC 230-40-865 Distributing chips and coins to tables -- Requests and fills -- House-banking.

     Post-1/1/2008 Rule, WAC 230-15-520 Requirements for fill/credit slips. Licensees asked us to review the pre-1/1/2008 rules, WAC 230-40-865 Distributing chips and coins to tables -- Requests and fills -- House-banking and 230-40-870 Removing chips and coins from tables -- Requests and credits -- House-banking, restrictions on when accounting had to perform the comparisons and reviews of the count. The accounting department at most businesses works a regular 8:00-5:00 day, but licensees were required to have one accounting person come in over the weekend to check the hard copies of credit and fill slips. We felt that as long as the review was done as soon as accounting returned to work the next business week, we could allow them to postpone it.

     Post-1/1/2008 Rule, WAC 230-15-545 Interruption of card games for more than seven days. The pre-1/1/2008 rule, WAC 230-40-801 Interruption of card games -- Preoperational review and evaluation required -- Procedures -- House-banking, requires us to perform a preoperational review and evaluation (PORE) every time a licensee is closed for more than seven days. Current enforcement practice, however, allows agents some discretion about whether a PORE is necessary. For instance, if a licensee decides to close for a week or two during a slow period in order to perform some remodeling, agents do not need to perform a PORE before that licensee reopens. We changed this rule to remove the imperative for staff to perform a PORE any time licensees are closed for seven days or more.

     Post-1/1/2008 Rule, WAC 230-15-570 Cashier's cage bank requirements. Licensees asked us to review the pre-1/1/2008 rule, WAC 230-40-833 Cashier's bank and minimum bankroll -- House-banking, restrictions on who would review the imprest bank because the accounting supervisor is not always present to perform the review. Accounting department personnel, however, are the usual designees to perform the review. We changed the rule to match current practice in the card rooms.

     Post-1/1/2008 Rule, WAC 230-15-600 Storing drop boxes on closed gambling tables. We changed the word "taped" to "recorded" in pre-1/1/2008 rule, WAC 230-40-840 Drop boxes -- House-banking -- Drop box collection method, because many licensees now use digital recording devices which use a hard-drive or other media for surveillance video storage, not tapes. "Taped" implies that the licensee must be using analog recording devices. "Recorded" allows for both analog and digital recording.

     Post-1/1/2008 Rule, WAC 230-15-610 Preparing to conduct a count. We have rewritten pre-1/1/2008 rule, WAC 230-40-885 Count procedures -- House-banking, to clarify and strengthen the rule by adding in the requirements about which employees in the card room can serve on a count team.

     Post-1/1/2008 Rule, WAC 230-15-620 Concluding the count. The pre-1/1/2008 rule, WAC 230-40-885 Count procedures -- House-banking, stated that the count team must have the count verified by a cashier. We propose changing the rule to match current practice in the card rooms by changing the word "cashier" to "verifier." Many times, someone from the accounting department whose primary duties are not those of a cashier verifies the count.

     Post-1/1/2008 Rule, WAC 230-15-625 Accounting department review of the count. Licensees asked us to review the pre-1/1/2008 rule, WAC 230-40-885 Count procedures -- House-banking, restrictions on when accounting had to perform the comparisons and reviews of the count. The accounting department at most businesses works a regular 8:00-5:00 day, but licensees were required to have one accounting person come in over the weekend to check the hard copies of the count. We felt that as long as the review was done as soon as accounting returned to work the next business week, we could allow them to postpone it.

     Post-1/1/2008 Rule, WAC 230-15-640 Keeping individual key control boxes for departments. The pre-1/1/2008 rule, WAC 230-40-895 Key control -- House-banking, has become outdated because of changes in technology. We have rewritten this rule to include combinations to combination lock boxes. We are attempting to address the several different types of lockboxes licensees have available to them.

     Post-1/1/2008 Rule, WAC 230-15-655 Keys for the security department. At licensees' suggestion, we have rewritten pre-1/1/2008 rule, WAC 230-40-895 Key control -- House-banking, to include the word "canceled" in describing decks of cards stored by the security department. "Canceled" is the word that licensees use when discussing decks of cards that are taken out of play for various reasons and will be marked, drilled, or otherwise defaced so that they cannot be reintroduced into play.

     Post-1/1/2008 Rule, WAC 230-15-665 Keys for the surveillance department. At licensees' suggestion, we have rewritten pre-1/1/2008 rule, WAC 230-40-895 Key control -- House-banking, to include the words "cards, or other items of evidentiary value" in the description of what items are held in the storage lockers or cabinets of the surveillance department. This change makes clear that items of evidentiary value remain with the surveillance department until agents are able to recover them. This change will improve the "chain of evidence" when we receive tapes from licensees.

     Post-1/1/2008 Rule, WAC 230-15-670 Keeping a master key control box. We have rewritten pre-1/1/2008 rule, WAC 230-40-895 Key control -- House-banking, adding the phrases "general manager" and "other authorized person(s)" to the requirements regarding access to the master key control box. This change allows persons other than the direct owner access to the keys during the everyday operation of the card room. This change is made to increase consistency in our use of terms.

     We have also changed subsection (2) to state, "Keys in this key control box must include:" This change of "must" to "may" in second section resolves a conflict between subsections (2)(e) and (4)(c) in the old rule.

     Post-1/1/2008 Rule, WAC 230-15-710 Permanently removing a progressive jackpot or a portion of a progressive jackpot from play. In working with pre-1/1/2008 rule, WAC 230-40-805 Progressive jackpot prizes -- Procedures -- Restrictions -- House-banking, we made three changes:

•	We combined the concepts of removal and discontinuance in the original rule, using the term "removal" throughout the rule. The original rule used both "discontinuance" and "removal" which was confusing.
•	We included a rule interpretation of the WAC which states that the disbursement of a progressive jackpot by tournament is not intended to be a money-making proposition for the licensee; therefore, the tournament must be free of charge.
•	The rule interpretation also stated that the prize may be offered on a different house-banked game with a progressive jackpot, but licensees requested that we not restrict the game to one that has a progressive jackpot. We saw no regulatory concerns with making this change, so the new rule states that the prize may be offered on any other house-banked card game.

     Post-1/1/2008 Rule, WAC 230-15-715 Tax authorities seizing all, or a portion, of a progressive jackpot. Previously in pre-1/1/2008 rule, WAC 230-40-805 Progressive jackpot prizes -- Procedures -- Restrictions -- House-banking, we had no instructions about what licensees must do if a taxing authority seized all or part of a player-supported jackpot to cover unpaid gambling or other taxes. We added an existing rule interpretation to bring the post-1/1/2008 rule, WAC 230-15-715 Tax authorities seizing all, or a portion, of a progressive jackpot, in line with current practice about tax seizure.

     Post-1/1/2008 Rule, WAC 230-15-720 Deposit and reconciliation requirements for progressive jackpot prizes. We added a definition of reconcile to post-1/1/2008 rule, WAC 230-15-720 Deposit and reconciliation requirements for progressive jackpot prizes, to the make it clear to licensees what we meant by that term in pre-1/1/2008 rule, WAC 230-40-808 Deposit requirements for prizes -- House-banking.

     Post-1/1/2008 Rule, WAC 230-15-740 Preparing required financial statements. We corrected some terminology used in the pre-1/1/2008 rule, WAC 230-40-823 Financial audits and reviews required -- House-banking, adding generally accepted accounting standards (GAAS) instead of generally accepted accounting principles (GAAP) in one section and standards for accounting and review services (SSARS) in another.

     Pre-1/1/2008 Rule, WAC 230-40-140 Change in method of wagering prohibited. We removed this requirement entirely. No game rules would allow licensees to change the method of wagering in the middle of a hand or game, so we felt the requirement was unnecessary. We also have alternative ways to enforce this concept: We would not approve a game in the future that allowed wagering methods to change in mid-hand or mid-game.

     Pre-1/1/2008 Rule, WAC 230-40-315 No food or drink sales on time basis in card room. We removed this requirement entirely. Licensees may now give away food and nonalcoholic drinks without charge now according to pre-1/1/2008, WAC 230-12-050 (new WAC 230-06-035), so the requirement no longer made sense.

     Pre-1/1/2008 Rule, WAC 230-40-500 Unlicensed charitable and nonprofit card games -- Authority -- House rules to be developed and posted. We removed portions of these requirements because they are stated in RCW 9.46.0351; therefore, we do not need to repeat it in the WAC.

     Pre-1/1/2008 Rule, WAC 230-40-554 Chief executive officer or chief operations officer defined. We removed the definition of chief executive officer or chief operating officer because the term has largely fallen out of use among licensees. Most card game licensees now employ "general managers" to handle the daily gambling and other operations of the card room.

     Pre-1/1/2008 Rule, WAC 230-40-050 Fees for nonhouse-banked card games -- Assessment and collection -- Maximum fees. We removed this section because these restrictions are covered in other rules.

     Pre-1/1/2008 Rule, WAC 230-40-830 Cashier's cage -- Requirements -- House-banking. We removed this section because these restrictions are covered in other rules.

     Pre-1/1/2008 Rule, WAC 230-40-610(9) Player-supported jackpots -- Restrictions -- Manner of conducting -- Approval. We removed this section because these restrictions are covered in other rules.

     Pre-1/1/2008 Rule, WAC 230-40-800 Operating rules for house-banked card games. We removed this section because the restrictions are covered in other rules.

     Pre-1/1/2008 Rule, WAC 230-40-860(2) Table inventories and procedures for opening tables for house-banked card games. We removed this section because the restrictions are covered in other rules.

     This new chapter incorporates rules that relate to card rooms.

     Statutory Authority for Adoption: RCW 9.46.070.

      Adopted under notice filed as WSR 06-24-052 on December 1, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 140, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 140, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 140, Amended 0, Repealed 0.

     Date Adopted: April 10, 2007.

Susan Arland

Rules Coordinator

OTS-9395.2

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     (1) Have the food and/or drink business being commercially stimulated open to the public; and

     (2) For Class E, Class F, or house-banked card games, have a licensed card room employee on duty and in the public card room area.

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     "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.

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     (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) Open the food and/or drink business being stimulated to the public for business any time licensees are conducting card games; and

     (b) Have a licensed card room employee on duty and in the licensed card game area at all times during the hours of operation of a Class E, Class F, or house-banked card games; and

     (c) Observe a four-hour period of closure at the end of each business day before beginning the next period of operation; and

     (d) 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) 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 set forth in subsection (1) of this section.

     (4) Licensees must submit all objections to revocations of operating hours in writing.

     (5) 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.

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     (a) Poker;

     (b) Hearts;

     (c) Pinochle;

     (d) Cribbage;

     (e) Rummy;

     (f) Panguingue (Pan);

     (g) Pitch; and

     (h) Bid Whist.

     (2) Card game 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. Card game licensees may make immaterial modifications to the games.

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     (a) Be played with standard playing cards or with electronic card facsimiles approved by the director or the director's designee; and

     (b) Offer no more than two separate games with a single hand of cards. We consider bonus features and progressive jackpots separate games. If a player does not have to place a separate wager to participate, we do not consider it a separate game. An example of this is an "envy" or "share the wealth" pay out when another player achieves a specific hand; and

     (c) Not allow side bets between players.

     (2) Card game licensees may use more than one deck of cards for a specific game. They also may remove cards to comply with rules of a specific game, such as Pinochle or Spanish 21.

     (3) Players must:

     (a) Compete against all other players on an equal basis for nonhouse-banked games or against the house for house-banked games. All players must compete solely as a player in the card game; 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; and

     (c) Not place wagers on any other player's or the house's hand or make side wagers with other players, except for:

     (i) An insurance wager placed in the game of Blackjack; or

     (ii) An "envy" or "share the wealth" wager which allows a player to receive a prize if another player wins a jackpot or odds-based wager; or

     (iii) A tip wager made on behalf of a dealer.

     (4) A player's win or loss must be determined during the course of play of a single card game.

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     (1) Card game licensees must submit:

     (a) Requests for authorizing new card games in the format we require; and

     (b) Changes to an existing card game in writing.

     (2) The director or the director's designee will notify the licensee in writing if the request is denied. The notification will include reasons for the denial and provide the licensee all information necessary to file a petition to the commission for rule making.

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     (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.

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     (2) Except for the restrictions on player-supported jackpot pay outs in WAC 230-15-405 and progressive jackpot pay outs in WAC 230-15-690, licensees may pay prizes by check if sufficient funds are available on deposit.

     (3) Failure to keep funds to cash in chips, pay prizes, or redeem gambling related checks is prima facie evidence of fraud.

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     (1) Up to seven players or areas for wagering at any table in house-banked card games.

     (2) Up to ten players at any table in nonhouse-banked card games.

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     (1) Prominently post:

     (a) Wagering limits for each type of game, including the ante; and

     (b) Prize pay outs and any prize-related restrictions; and

     (c) All fees to play; 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) Methods of making wagers; and

     (c) Procedures for misdeals; and

     (d) Procedures for betting irregularities; and

     (e) Procedures for splitting pots; and

     (f) Any rules that may restrict a player's right to win a hand, pot, or jackpot prize; and

     (3) Post at the gambling table any aggregate limits, procedures, or restrictions that differ from the general rules of play that have been posted.

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     (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.

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     (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.

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Authorized types of fees		Licensees authorized to use the fee types	Authorized methods of collection	Maximum amount to collect
(1)	Period of time -	Class A, B, C, E, F	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 five dollars per hand or ten percent of the total wagers for a hand, whichever is less.
(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.

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     (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

     (c) A separate drop box for each type of fee.

     (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.

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     (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.

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     (2) Card game licensees must not charge additional fees to players for chips and cards except as allowed under WAC 230-15-110.

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     (2) Other than chips purchased from the licensed card room, no one may bring any wagering chip or chips into a licensed card room to introduce or use in authorized card games.

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     (a) Include the house name or logo; and

     (b) Denote the chip value; and

     (c) Be made by a licensed manufacturer; and

     (d) Be purchased from a licensed manufacturer or distributor.

     (2) Class D licensees 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) Class A, B, C, and E licensees with 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.

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     (a) Supply cards of conventional size and design to maximize the integrity of the card games; and

     (b) Safeguard all cards; and

     (c) Not allow cards that have been modified or marked in any manner.

     (2) For Class E, Class F, and house-banked games, the cards must:

     (a) Be made by a licensed manufacturer; and

     (b) Be purchased from a licensed manufacturer or distributor.

     (3) House-banked licensees must use cards with the house name or logo.

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     (2) In addition, Class D licensees 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.

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     (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.

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     (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.

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     (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 twenty-five 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.

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     (2) A player may make a single wager for each decision before the dealer deals or reveals additional cards. For Blackjack, the player may place an additional wager for doubling down or splitting pairs.

     (3) Bonus wagers for progressive jackpots must not exceed one dollar.

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     (1) Players may use half dollars or quarters in house-banked card games;

     (2) Players may use dimes and nickels in Pai Gow poker.

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     (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

     (c) Have all NSF checks returned directly to them and control the checks.

     (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.

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     (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.

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     (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.

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     (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.

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     (2) Licensees must print, or back up in a permanent form, all the data kept in computer data bases monthly.

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     (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.

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     (1) Licensees must complete the report in the format we require; and

     (2) We must receive the completed report, or the report must be postmarked, no later than thirty days after the end of the reporting period; and

     (3) The highest ranking executive officer or designee must sign the report. If someone other than the licensee or an employee prepares the report, the preparer must print his or her name and phone number on the report; and

     (4) Licensees must report activities for:

     January 1 through June 30; and

     July 1 through December 31; and

     (5) Licensees must submit a report for any period of time their license was valid. If licensees do not renew, they must submit a report for the period between the previous semiannual report they filed and the date their license expired.

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     (2) Class D licensees must obtain a card tournament license to charge a fee or buy-in for a card tournament.

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     (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.

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     (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.

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     (a) All rules, prizes, and conditions of the tournament; and

     (b) The tournament fee; and

     (c) Entry and buy-in requirements; 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.

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     (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

     (c) Cost of merchandise prizes and cash awarded in customer appreciation tournaments; and

     (d) Cash prizes awarded, excluding buy-ins.

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     (2) On the daily control sheet for the first day of a tournament, card game licensees must include the total gross gambling receipts and attach the record of participants.

     (3) 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.

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     (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.

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     (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.

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     (1) Each table, including:

     (a) Cards; and

     (b) Wagers; and

     (c) Chip tray; and

     (d) Drop box openings; and

     (e) Table number; and

     (f) Card shoe; and

     (g) Shuffling devices; and

     (h) Players; and

     (i) Dealers; and

     (2) The designated gambling areas; and

     (3) The cashier's cage, including:

     (a) Outside entrance; and

     (b) Fill/credit dispenser; and

     (c) Customer transactions; and

     (d) Cash and chip drawers; and

     (e) Vault/safe; and

     (f) Storage cabinets; and

     (g) Fill or credit transactions; and

     (h) Floor; and

     (4) The count room, including:

     (a) The audio; and

     (b) Count table; and

     (c) Floor; and

     (d) Counting devices; and

     (e) Trolley; and

     (f) Drop boxes; and

     (g) Storage shelves/cabinets; and

     (h) Entrance and exit; and

     (5) The movement of cash, gambling chips, and drop boxes; and

     (6) Entrances and exits to the card room.

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     (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.

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     (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; 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.

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     (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 sequentially 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.

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     (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

     (c) Keep the copy for at least thirty days.

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     (2) Licensees may request a review by commission staff if the licensee feels circumstances warrant, for example, cheating has occurred.

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     (1) The internal controls must require, at a minimum:

     (a) Trained personnel; and

     (b) Segregation of duties for all employees involved in the operation; and

     (c) Fee collection and funds safeguarding procedures; and

     (d) Playing card and chip inventory.

     (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.

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     (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.

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     (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 count 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.

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     (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

     (c) Maintain no legal right to the funds, except for administrative fees; and

     (d) Must strictly account for all funds.

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     (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

     (c) All internal control procedures associated with the PSJ and accounting for funds and prizes; and

     (d) The name of the prize fund custodian.

     (3) Licensees must get our written approval before making any changes to the PSJ.

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     (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.

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     (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.

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     (1) Provide up to five thousand dollars seed money from house funds to start a PSJ. Licensees must issue a check or make an electronic bank transfer from the licensee's business account for the seed money to the PSJ account to start the prize fund; and

     (2) Licensees may replenish the PSJ as funds are depleted with up to five thousand dollars at a time; and

     (3) 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.

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     (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.

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     (2) Cash prizes of two thousand five hundred 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.

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     (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

     (c) There is a qualifying hand at the end of a game, such as a "bad beat" hand.

     (4) Card room employees that are off duty may win PSJ prizes.

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     (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.

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     (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

     (c) Notify us within twenty-four hours.

     (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.

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     (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

     (c) Follow all ICs at all times; 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.

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     (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.)

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     (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.

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     (2) Licensees must not offer card games until they have met all of these requirements:

     (a) Keep a separate bank account for progressive jackpot prizes and odds-based wager prizes. The account must be kept in a bank, mutual savings bank, or credit union located in Washington state; and

     (b) Keep in the account an amount equal to all individual odds-based wager prizes offered which are greater than twenty-five thousand dollars and all progressive jackpot prize funds; and

     (c) Use the highest wager they allow to calculate the individual odds-based wager prize amount and determine the deposit requirement; and

     (d) Deposit at least weekly all funds accrued for progressive jackpot prizes.

     (3) Licensees may limit pay outs by using table aggregates.

     (4) If the prize bank account is reduced below the level required, licensees must immediately stop operating games until they are in compliance.

     (5) A licensee's failure to keep funds as required in this rule is prima facie evidence of defrauding the public and a violation of RCW 9.46.190.

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     (2) Licensees must have two levels of supervision present on the business premises if more than ten tables are open.

     (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.

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     (a) Produces accurate facsimiles of one or more standard deck(s) of cards; and

     (b) Randomly shuffles the cards before each round of play or shoe loading; and

     (c) Contains a backup system that records and displays at least five previous rounds of play; and

     (d) Meets the surveillance requirements for cards explained in WAC 250-15-280; and

     (e) Contains security protocols which prevent unauthorized access; and

     (f) Is designed to prevent the player from playing against the device; and

     (g) Allows testing of the computer software; and

     (h) Operates only under card room internal controls specific to each system; and

     (i) Is tested by a licensed game testing laboratory for compliance with these requirements; and

     (j) Meets any additional technical requirements we require.

     (2) Card room employees must operate the system.

     (3) The manufacturer must pay the costs of laboratory testing.

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     (2) Licensees may limit the pay out for odds-based wagers if we approve all pay out limits and their procedures for computing limits.

     (3) Individual players' winnings must not be less than the higher of:

     (a) The maximum wager allowed for the game times the highest odds offered up to fifty-to-one (50 to 1). For example: If the maximum wager is one hundred dollars ($100) and the odds are fifty-to-one (50 to 1); then the per player limit is five thousand dollars ($100 x 50 = $5,000); or

     (b) The house minimum required wager for the game times the highest odds offered for any wager in the game. The "minimum required wager" means the least amount a player must wager in order to win. For example: If the minimum required wager is ten dollars ($10) and the maximum odds are one-thousand-to-one (1,000 to 1); then the per player limit is ten thousand dollars ($10 x 1,000 = $10,000).

     (4) Table limits (aggregate pay out) must not be less than two times the individual player limit, as computed in subsection (3) of this section; and

     (5) Licensees must clearly disclose all procedures for computing any per player or table limit (aggregate pay outs). This explanation must be available to players in a brochure or other printed material.

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     (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 g